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How do I get out of my construction contract

I had signed a construction contract for a remodel of my home. No work has been done yet. My family fell on hard times and now I would like to get out of the contract before the work begins in a week. I have put a deposite down on the work. Can I get any of the deposit back. I am asking because the contract was vague on termination.

2 replies

May 12, 2020

This is a very difficult question to answer without reviewing the agreement to see what the exact terms are. The contract is likely vague on termination intentionally, as most contractors do not want homeowners to be able to terminate at will. There are certain ways to get out of a construction contract, but they are very fact specific. If the contractor is not amenable to termination, you'll very likely need to hire an attorney to help you through this to avoid potential liability on breaching the contract. I am happy to discuss further with you; feel free to give me a call or an e-mail. Sincerely, Martin C. Law, Partner Patout | Law, PLLC 5850 San Felipe, Suite 500 Houston, Texas 77057 D: (346) 888-4730 | D: (346) 327-2501 F: (346) 327-2510 | E: mlaw@patoutlaw.com W: www.patoutlaw.com

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May 13, 2020

Hello, Hello, Terminating a contract depends on what the contract terms are regarding termination. If the terms are vague, one should try to adhere to the terms as closely as possible, with the understanding that the vagueness of the terms may leave some aspects open to interpretation. If the contract does not address termination at all, let the contractor know as soon as possible, preferably in writing, that you want to terminate the contract. You need to discuss the return of any funds with the contractor. The deposit may cover materials, expenses, lost profits, or other costs that you may not know about, and that the contractor may be entitled to those funds. If the contract or deposit was for a considerable amount it is probably best to have an attorney look over the contract and advise the best way to negotiate the issue and let you know what your options are. Thank you, Courtney E. Stricklen Lead Senior Associate Attorney 8431 Katy Freeway Houston, TX 77024 Tel: (713) 715-7334 CStricklen@TheCromeensLawFirm.com www.TheCromeensLawFirm.com Privileged Attorney-Client Communication and/or Attorney Work Product: The above message and attachments, if any, are confidential and may be protected by the attorney/client privilege and/or attorney work product. The unauthorized disclosure, use, dissemination or copying of this e-mail, or any information it contains, by anyone other than the intended recipient, is prohibited. If you are not the named recipient, or have otherwise received this communication in error, delete it immediately and notify the sender at the office number listed above or by return email.

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