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meirman
 
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In alt.home.repair on Sun, 27 Feb 2005 04:59:10 GMT "Melissa"
posted:

My dad signed a contract with a construction company several weeks ago to
have his roof replaced and some other related repairs. Half the total was
paid as deposit. The company folded due to odd circumstances, but the owner
is promising to make good on those contracts he'd already accepted money on.
He will be doing business under a new company name, and will be working
under the license and insurance coverage of another company, so we are told.
Can anyone here give any suggestions on wording that should be added to the
new contract to protect my dad further. He is going to give this guy
another chance, otherwise he'd surely be out $5K, this way he might be out
$5K. Can wording be added suggesting a timeline for start and finish that
would affect the total cost, like a penalty for delays, or is that a no-no?
Anything else? My dad has asked that I be present at the new contract set
up and signing, as witness and to ask any questions that might not occur to
him. The new contract is to be signed this Monday morning. Thanks for any
suggestions.


I guess the roofer is willing to sign a new contract in order to
assure his getting the other 5K at the end, but I really don't
understand why the contract you two already signed isn't good enough
for him,**

** and maybe for you. I would be surprised if he binds his new
company name or the "another company" beyond the minimum. Maybe he's
going to want you to pay more because the "another company" has to get
a cut. Indeed, it probably does deserve one, and he may not want to
pay it out of his 10K, some or much of which will go to pay for
materials and to pay the crew.

OTOH, there are a lot of honest people in this world, and maybe he
only wants the new contract to make sure you pay the remaining 5K.
The mere fact that I think the first contract is adequate doesn't mean
he does or that his lawyer does.

There is a legal group, but the good one is moderated,
(misc.legal.moderated), and I don't know if you have time to post a
question and get an answer

Meirman
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