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Is it possible to get out of s roofing contract?

DURAMAXYFZ

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My wife signed the contract with Semer Solaris. I don't like the way they have been doing business with us.
 

DURAMAXYFZ

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We signed it at the end of Jan. haven't started anything yet.
 

JUSTWANNARACE

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Did you have a start/finish on said contract?

Also document any transactions or miss representations and any problems you are having with them
 

4Waters

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My wife signed the contract with Semer Solaris. I don't like the way they have been doing business with us.
Is your bottom line (household income) getting hit by this covid19 shutdown crap, if so that might help get the ball rolling.
 

DURAMAXYFZ

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No start/finish date on contract. We are getting financed on the job. A lot of them not doing what they say already. Very impersonal. They used Google Maps to get the size. They did send a guy out once to inspect. But he then said they were going to call us in a couple of weeks and never did.
 

SKIDMARC

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If you didn't give them any money then just stop answering there calls. Sounds like they haven't communicated with you anyway.
 

DURAMAXYFZ

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If you didn't give them any money then just stop answering there calls. Sounds like they haven't communicated with you anyway.
my wife just said she gave them $1000. But I don't feel like their giving us any deal anyways.
 

Joker

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If you’ve got a contract, you’ve got a contract. They’ll most likely purse lost profit. Not sure what the contract sum was but I’d assume 25%
 

monkeyswrench

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If you’ve got a contract, you’ve got a contract. They’ll most likely purse lost profit. Not sure what the contract sum was but I’d assume 25%
Unfortunately, this is what I see happening. The crappy thing is, some companies will "let you" break the contract, only to come back with litigation in 6 months, when you aren't expecting it. I saw this happening in 08 and 09. When work slowed, it was like lawyers needed work too. They started checking wherever money may have been left on the table.
 

Riverbound

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Semper Solaris is horrible.

Normally you have 3 days to cancel. There could be behind the scenes costs that you’re accruing. Permits, ordering of materials. Etc. if you’re willing to walk away from the $1k you can go with you can’t afford to do it and not allow them to proceed. They don’t get paid from the finance company until you sign the acceptance of work completed.
 

Heylam

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Can they place a lien on his property if he breaks the contract?
 

rmarion

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Honest Contractors would allow for a withdraw of this agreement...

I have NEVER BASHED a competitor... and will never....

If you really want out..... I'd reach out and pay an attorney to review the contract agreement.... ??? maybe $250-$400 fee.. might be worth it....
 
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The Prisoner

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Mandelon

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A legal contract should have a start and finish date.

But just call them and ask. Tell em you have changed your mind or that you can't afford it due to the virus stuff.
 

Lucky Larry

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Be proactive. Send a certified letter cancelling contract due to abandonment of job.Follow with a complaint to CSLB requesting funds to be returned.Do not let them on property for any reason.
 

TCHB

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Be proactive. Send a certified letter cancelling contract due to abandonment of job.Follow with a complaint to CSLB requesting funds to be returned.Do not let them on property for any reason.
That is what I would do.
 

Joker

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Be proactive. Send a certified letter cancelling contract due to abandonment of job.Follow with a complaint to CSLB requesting funds to be returned.Do not let them on property for any reason.
Read post 6. There’s no commitment date
 
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C-2

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If it's affordability you're worried about, then think about what Mandelon suggested.

It's wonky right now, mainly due to the quarantine. A homeowner can say I don't want a contractor on my property, but on the flip-side, a contractor can also say I couldn't send any workers to the jobsite due to CV.

What type of financing, is it a HERO loan?
 

wzuber

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What % of the contract total is the deposit amount? More than 10%?
 

DURAMAXYFZ

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If it's affordability you're worried about, then think about what Mandelon suggested.

It's wonky right now, mainly due to the quarantine. A homeowner can say I don't want a contractor on my property, but on the flip-side, a contractor can also say I couldn't send any workers to the jobsite due to CV.

What type of financing, is it a HERO loan?
Not a hero loan. My wife can't work right now (realtor)
 

JUSTWANNARACE

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A legal contract should have a start and finish date.

But just call them and ask. Tell em you have changed your mind or that you can't afford it due to the virus stuff.
I agree 100% that's why I too was asking about a start/finish. A solid contract will also have a payment schedule upon % complete, also dates for those stages to be completed. Counter contracts (protect the purchaser) also should have happened with penalties built in if work isnt completed on time, as the contractor contract should have penalties built in if completed work isnt paid by schedule date. Most contractor and purchaser contracts allow to many gray areas allowing a good contract lawyer to draw up a release of contract for a minimal fee.

You just need to read the contract and fine print or hire a contract lawyer. If you do anything in the future construction wise that involves substantial money, talk to a lawyer and have a purchase contract agreement drawn up, and reputable contractor will be willing to sign it as long as it content is within reason. Jmo
 

wzuber

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hell no, lol. They are at like 25k, then plus, plus with change orders of course.
I figured it more than likely well over 10k but didn't hurt to ask just in case you were to go the cslb direction.
 

Lucky Larry

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The contract needs a start date, finish date and payment schedule .It doesn’t take two months to start a solar job.If it starts wrong it most likely will end wrong.If they are not responding now do you think they will respond later?
 

C-2

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There's no CSLB recourse; work has not started and CSLB is not a guarantor, or a collection agency. CSLB is an administrative licensing body - they are a neutral 3rd party and are tasked with identifying violations of licensing laws ranging from poor workmanship, to technical contract violations (no start/stop dates, no ML warnings, etc).

I think the OP, like many, will have to wait and see how everything shakes out.
 

rrrr

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You signed a contract and you don't know how to read the section on cancellation?
 

DURAMAXYFZ

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You signed a contract and you don't know how to read the section on cancellation?
They gave a 3 day period, I didn't know my wife had signed it. I was expecting a phone cal after they had sent the guy out to measure and check some things. Instead they just sent a contract.
 

C-2

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The deal with home improvement contracts is that construction, by nature, is fluid. Start and stop dates are influenced by weather, availability of labor, availability of materials and other unforeseen delays. Are these delays valid? Sometimes. I'm pretty sure the CV scare will be considered a legal excuse not to timely go forward on a project.
 
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C-2

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They gave a 3 day period, I didn't know my wife had signed it. I was expecting a phone cal after they had sent the guy out to measure and check some things. Instead they just sent a contract.
Did they use DocuSign?
 

Lucky Larry

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There's no CSLB recourse; work has not started and CSLB is not a guarantor, or a collection agency. CSLB is an administrative licensing body - they are a neutral 3rd party and are tasked with identifying violations of licensing laws ranging from poor workmanship, to technical contract violations (no start/stop dates, no ML warnings, etc).

I think the OP, like many, will have to wait and see how everything shakes out.
Agreed the CSLB is not a guarantor however if in violation of license law the contractor’s bonding co will pay.Business and profession code 7159
 

C-2

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Agreed the CSLB is not a guarantor however if in violation of license law the contractor’s bonding co will pay.Business and profession code 7159
Perhaps. But, it doesn't change the fact the OP cannot use CSLB to unwind a contract.

Also, a bond claim is separate and apart from CSLB. A bond company is a private insurance company. In CSLB land, a 7159 violation for contract language would result in a verbal warning.

If the OP believes the contractor abandoned the job, he needs to find out if a permit is in process, or was pulled. If it's a solar permit then plans must also be submitted.
 

locogringo

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A reputable roofing company should just let you cancel out of the contract, no matter to what the contract states, as long as materials haven’t been ordered/delivered and permits paid for.

Heck, we’re busy enough, as are most roofers, that we wouldn’t blink twice and wouldn’t be worth the hassle to enforce or get litigious over it.

But again, that is just us, can’t speak for anyone else.

Check your contract. If they didn’t give you a specific page noting the 3 day right to cancel, when it was good until, et cetera, then you may have some additional recourse.

Good luck.
 

rrrr

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Is there a force majeure clause in the contract? Those are usually placed in residential service contracts to allow the contractor to be held harmless for actions beyond their control. If that clause is in the contract language, the homeowner could claim the virus is a triggering event, and declare the contract null and void.

Force majeure is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, plague, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract.

In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspend it for the duration of the force majeure.
 

BasilHayden

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per @rmarion
"Honest Contractors would allow for a withdraw of this agreement...

I have NEVER BASHED a competitor... and will never....

If you really want out..... I'd reach out and pay an attorney to review the contract agreement.... ??? maybe $250-$400 fee.. might be worth it.... "

That said, it would only take about 10 secs to google this company to figure out who they are and how they do business. Just surprised to my knowledge we never talked to the OP. IMO, one could probably walk from the 1k and cancel, good luck getting the 1k back though. Just my educated guess.

BTW, it would be curious to see who would actually do the roof work. We have our own teams so all our work is done in house, its a two edged sword. If something goes wrong I can only point at myself, but it also means the customer can always count on who whey are pointing at. Since we are in total control, much less goes wrong.

Just an fyi, not unusual to quote based off satellite tools... you would be amazed what I can get from space.
 

Mandelon

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Semper Solaris advertises here in San Diego. They say veteran owned and they operate with esprit de corps and honor!!!! Just call and tell em you can' t afford it and to please send the deposit back. If they refuse, then call your lawyer. Don't make it complicated.
 

C-2

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See if the 3-day cancel provision was on the DocuSign documents you signed. If not, or you didn't immediately receive an email, or printed copy, then you might have a little leverage.

Also, there's a good chance the job was sold by a salesperson. That person, and the loan company will want to be paid for their time and efforts thus far. Find out what those fees are and negotiate them.

But, consider the reason you are cancelling. If it's affordability then you might simply take the honest approach because trying to get them to cancel on a technicality is not easy, and they might not discount any loan fees, sales commissions, plan/permit fees.

Right now, there's not much you can do as far as making them start the job. That's why I think like everybody else, including the contractor, needs to see how this thing shakes out. If it passes us by as a hiccup, then no problem, they still have more work than they can handle. If it chokes the trades, then they might fight tooth and nail to keep the job.
 

DLC

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Call the city building department to see if they submitted a plan for your solar then you’ll know if they are working on it OR sitting on it.

my brother has panels on his roof for 3 or 4 years and the solar company never got a final inspection to turn them on so they are not generating any power.....

he has called the company to say come get em!
They don’t respond
 

Riverbound

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Call the city building department to see if they submitted a plan for your solar then you’ll know if they are working on it OR sitting on it.

my brother has panels on his roof for 3 or 4 years and the solar company never got a final inspection to turn them on so they are not generating any power.....

he has called the company to say come get em!
They don’t respond
Flip the back feed breaker. 😉
 
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DLC

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Good idea, I’ll try that next time I’m up there.

i didn’t think of that and never really looked at his system.....
 
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