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nvrr2015

Breach of Construction Contract - Need Advice

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A customer fired me on a roofing project for taking a rain day, and stole the materials.  He paid $1481, but the materials alone cost $2,000, and according to the terms of the contract, he is on the hook for about $7,000+ if he breaches - I need to file a lawsuit.  Also, this is an insurance claim, and his insurance provider told him it was okay for him to pull out, which means they interfered with my contract, and I KNOW that is illegal!  I need to know what I can do to recover my losses and how I can sue the insurance carrier for interfering with my contractual agreement.  Here is the language guiding the terms of cancellation within my contract:

 

        Default:  Should the Property Owner default in the payment of NV ROOFING & RESTORATION LLC, Property Owner agrees to pay reasonable attorney fees, cost of collection including court cost and interest at the rate of 18% per annum or the maximum allowed by law, whichever the greater.  The final payment in full shall not be withheld while waiting for inspections performed by the city, state, or other organizations.  Deposit to be made prior to the beginning of any work.  The deposit shall be de and paid within ten (10) days of the approval from the Insurance Company, and the failure to make the required deposit shall be a breach of a material term of this contract.  Time is of the essence of this agreement.

      Termination for Convenience – Property Owner: Property Owner understands that this is a legally binding contract and Property Owner is hiring NV ROOFING & RESTORATION LLC for 1.) Damage Analysis:  Analyze, document, estimate and report damage to the Property Owner’s Property to Property Owner’s Insurance Company; 2.) Construction Work:  Construct, re-construct, repair and/or renovate Property Owner’s Property on the basis of an approved Insurance claim report.  Property Owner may terminate this contract for convenience with the understood value for services rendered as such:  Trip Charges for Each Visit by an NV ROOFING & RESTORATION LLC Representative - $125 each; Inspection, Damage Assessment, Property Owner Consultation, Pictometry, Measuring/Sketching - $300; Estimate Prepared for Insurance Company – Roof Only: $400 – add $250 for each additional trade included in estimate;  NV ROOFING & RESTORATION LLC Meeting With Insurance Adjuster: $500.  This refers to work provided related to damage analysis, plus the full value of the percentage of completion of Construction Work at the time of termination, plus the cost of all specially purchased materials for Property Owner’s property that cannot otherwise be returned, plus any restocking fees incurred by NV ROOFING & RESTORATION LLC.  The failure to pay NV ROOFING & RESTORATION LLC all amounts de after termination for convenience shall be a Default of the Contract under paragraph eight (8).

Any advice would be great!  Thank you!

Edited by nvrr2015
Added contract language

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Hi @nvrr2015

 

Welcome to the community and thanks for posting!

 

The font of the portion of the contract you included in your post is rather small and difficult to read. If you increase the size of the font, more of our community can offer legal direction. You can do so by hitting "edit" and after re-pasting the contract language, try clicking the "remove formatting" button that appears at the bottom of the field. You can also use the "Font" and "Size" pull-down menus to make the font larger.

 

 

Our Learn About the Law materials have some useful sections about breach of contract lawsuits that may be helpful to you. Also, as pg mentioned, you may want to consult with an experienced attorney in your area about commencing a lawsuit.

 

Best of luck!

The FindLaw.com Team

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    Default:  Should the Property Owner default in the payment of NV ROOFING & RESTORATION LLC, Property Owner agrees to pay reasonable attorney fees, cost of collection including court cost and interest at the rate of 18% per annum or the maximum allowed by law, whichever the greater.  The final payment in full shall not be withheld while waiting for inspections performed by the city, state, or other organizations.  Deposit to be made prior to the beginning of any work.  The deposit shall be de and paid within ten (10) days of the approval from the Insurance Company, and the failure to make the required deposit shall be a breach of a material term of this contract.  Time is of the essence of this agreement.
 

 

      Termination for Convenience – Property Owner: Property Owner understands that this is a legally binding contract and Property Owner is hiring NV ROOFING & RESTORATION LLC for 1.) Damage Analysis:  Analyze, document, estimate and report damage to the Property Owner’s Property to Property Owner’s Insurance Company; 2.) Construction Work:  Construct, re-construct, repair and/or renovate Property Owner’s Property on the basis of an approved Insurance claim report.  Property Owner may terminate this contract for convenience with the understood value for services rendered as such:  Trip Charges for Each Visit by an NV ROOFING & RESTORATION LLC Representative - $125 each; Inspection, Damage Assessment, Property Owner Consultation, Pictometry, Measuring/Sketching - $300; Estimate Prepared for Insurance Company – Roof Only: $400 – add $250 for each additional trade included in estimate;  NV ROOFING & RESTORATION LLC Meeting With Insurance Adjuster: $500.  This refers to work provided related to damage analysis, plus the full value of the percentage of completion of Construction Work at the time of termination, plus the cost of all specially purchased materials for Property Owner’s property that cannot otherwise be returned, plus any restocking fees incurred by NV ROOFING & RESTORATION LLC.  The failure to pay NV ROOFING & RESTORATION LLC all amounts de after termination for convenience shall be a Default of the Contract under paragraph eight (8).

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