QUESTION
Is it likely to be sued for agreeing with a roofing company the job but give it to another for the price my insurance company approved of?
Asked on Sep 24th, 2012 on Personal Injury - New York
More details to this question:
They wanted more money than promised.I don’t see how and why they would want to take me court. What do you think I should do?
11 ANSWERS
Did you agree to give them the work, the contract, allow them to order materials and then reneg? What was your reasoning? What was the agreed terms?
Answered on Jun 12th, 2013 at 1:40 AM
Ronald A. Steinberg
Talk to a lawyer who can review all of the paperwork.
Answered on Sep 29th, 2012 at 1:32 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Unfortunately, I may not be understanding your question. If you broke a contract with a roofing company, then it may seek out any damages resulting from a breach.
Answered on Sep 29th, 2012 at 1:15 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Depending on the circumstances of the case, the roofing company can claim that they reasonably relied on your promise to give them the job and that they suffered damages (spent money on materials, hired workers, declined other contracts, etc.) because of your cancelling out the agreement with them. There are ways to defend against such claim, but it is not a good idea to try doing it yourself. If they already served you with a complaint that was filed with the court, retain an attorney. If they haven't yet, ask them directly what damages do they claim and why, and see whether their answer sounds reasonable enough to convince you to pay. If not, wait and see whether they will, in fact, take you to court (often, the threats to sue are just a bluff). If they will, retain an attorney, don't wait until you lose the case and have to do an appeal.
Answered on Sep 28th, 2012 at 12:33 AM
If you had a contract and breached it you certainly can be sued.
Answered on Sep 26th, 2012 at 4:22 PM
Lisa Hurtado McDonnell
What does your contract say? If no contract what was their bid amount? Do you still have a copy? If not ask for a copy from your insurance company. You shouldn't have to pay more then the bid amount unless you agreed to pay more in the contract.
Answered on Sep 26th, 2012 at 2:01 PM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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I am not sure what the dispute is over and why someone would be taking you to court. I need more information to answer your question.
Answered on Sep 26th, 2012 at 1:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you entered into a binding agreement it is possible that you may be sued, in contract, for breach. The company will be able to claim their lost profits.
Answered on Sep 26th, 2012 at 12:35 PM
Thomas Edward Gates
Did you sign anything? Did they start work? Order materials? If no to each question you have no liability.
Answered on Sep 26th, 2012 at 12:35 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A contract is made only where both parties agree on all essential terms. If you agreed he can sue. If you did not agree but were just negotiating or getting a price then you should be OK.
Answered on Sep 26th, 2012 at 12:35 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Did you actually have a signed contract, or was it just that you told them they would have the job? If you did have a contract and then had another roofer do the job, then you are in breach of contract. Otherwise, it's just an "agreement to agree". Whether it is worth their while to take you to court is another story.
Answered on Sep 26th, 2012 at 12:34 PM