If you signed a contract, you need to have an official cancellation. A good attorney can draft that. I would not try it without an attorney.

When (date) and where (your home?) did you sign the contract? What state do you live in? When did you make the calls? Do you have a record of the calls? Since no money has been exchanged and no work has started, the simplest route would be asking if he would agree to canceling the contract. I can’t imagine he’d be averse to that in light of the circumstances.

How long ago did you sign the contract? I would think a court would consider a reasonable timeline for starting and completion, but that’s likely not an exact # of days, weeks or months indicated in the law.

If it were me, I’d write him a letter and say that he needs to start by such and such a date and if he can’t do that and complete the project by such and such, you’ll consider the contract void and will look elsewhere. What you want to avoid is him starting, then never completing the project, or taking forever.

I’d definitely run this by a lawyer - a consult fee will be cheaper than a lawsuit - maybe even have the lawyer draw up the letter. (Or whatever the lawyer advises you write). It’s possible if it’s been a good deal of time since the contract was signed that the lawyer could tell you that you can just write a letter cancelling it, because he’s not acted in a reasanably timely manner.

I’m not a lawyer, nor did I play one on tv. :-)

TX. proof of my calls only on cp. guy visited our property and contract was signed there. It is a one page contract. It’s been a month. Not long, but he implied he was available immediately. I may be overreacting but had he called to explain himself I’d be ok, we’re not in a hurry but it drives me batty when people don’t keep their work, no matter how insignificant the event

IMO, you should communicate to him that you expected him to start immediately and have waited as long as you are willing to wait. He sounds like an inconsiderate, unreliable, rude person and it's probably better for you to find someone else. When we remodeled we encountered several "professionals" like him, very annoying and a waste of time.

Sometimes watching junk shows can be educational. It's too late for your contract, but I've learned from watching People's Court to include the phrase "time is of the essence" in the contract.

I would try some of the above suggestions before moving forward with a different contractor so that you're not still on the hook for money with this person.

Good luck with everything, and I hope that at some point you update us with your construction. The Kitchen Table to a great place for us to learn from each other as we navigate through our lives.

Didn't he give you a copy of the contract? What does it say?

A lawyer isn't going to be much help if he doesn't know what you have signed.

Instead of calling, perhaps send an email with your expectations of the contract. Then you would have something in writing. When we were doing a massive reno on our house I only dealt in email.

There’s one more piece to the puzzle: I suspect this guy doesn’t know how to read and does things from memory and experience. The structure is not complicated so we’re not concerned about a major screwup, plus DH’s intentions are to be there 100% of time.

I was thinking about starting a separate thread about dealing with illiterate people. My initial impression of him was that he was a nice, hard-working, somewhat timid man. I so wanted to come out and ask him if he could read, not at all to embarrass him but to convince him and encourage him to learn. But that’s a story for another day. Right now I’m aggravated at his unresponsiveness and the prospect of a bruised ego b/c this guy might have outsmarted me, even if (possibly) illiterate.

Curiously, this is not the first time we’ve dealt w/adults who can’t read. I’m amazed that they’re as functional as they are.

One of the reasons I suspect he can’t read is b/c every time we texted, his wife always answered and does all the paperwork. That, in and of itself is not unusual, but the people w/ whom I’ve dealt who can’t read, always seem to have a very close sidekick, like an interpreter would be. He’s no less of a human, I’m just surprised that in the age of smart everything, some people still can’t read.

It goes without saying that he only gets paid at the completion (to your satisfaction) of the job, right? Bonded and insured?

bossyvossy, why not give him a call, and let him know directly that you are honestly disappointed that the job hasn't started yet. Give him a chance to respond. Maybe he has a real excuse or maybe he just needs to save face, but then lead into a statement such as "I do need this job completed by (date). Now if you haven't started by (date), can we agree our contract is cancelled?" Then follow up with a letter, email or whatever stating those terms.

Good luck, I hope you can work out an agreeable arrangement. It's kind of you to be sensitive to adults who cannot read or write. I worked with some great guys once, who puzzled me why they wouldn't take a certification test and get a higher pay bracket ... well they couldn't read, was the answer. Illiteracy is so limiting.

Did you give him a down payment? If not, move on. Hopefully you kept track of all conversations and saved the contract. A month is a long time to not have a response. Just my opinion

Here’s something worth checking out, bossyvossy: https://www.proremodeler.com/breach-contract

Useful info. We are not out a single penny, but seems like we need to thread cautiously regarding contract termination. We learned our lessons about no advance money, checking references and even seeing jobs, but the new lesson To be learned is to stipulate time frames.

chin up, I say to myself. Soon I’ll be posting pics of completed new building, sigh.

The part I highlighted could be your loophole:

“Construction contract laws, and their requirements, vary from state to state. In every state, however, your contract must include a three-day Right to Rescind clause, as spelled out by the Federal Trade Commission (FTC)....And if your contract doesn’t contain the Right to Rescind clause, or you fail to explain its purpose, the homeowner can cancel at any time.”

Hmmm. It’s been more than 3 days since we signed.

whats frustrating is that the work we saw was very good. Really hate the thought that it may not work out. (Im getting ahead of myself, more calling needs to take place)

While I’m concerned about him being formally uneducated, that doesn’t mean experienced hasn’t taught him the ins/outs of contracts. Not unlike somebody that has never read a mortgage in their life but knows every stinking detail about eviction, his/her rights and how to game the system.

The 3 day cancellation clause quoted above says if it is NOT included in your contract, you can cancel ANY time, not just within the 3 days. Reread what Sammy posted.

For those who haven't read the contract, isn't the best idea to not give advice?

Do you know any lawyers or have a legal aid office nearby?

I suspect the answer to your question is short and sweet but perhaps only a friend or a very unbusy attorney would want to spend time on something offering no potential for work for them. I'm not saying it isn't important to you but it may be hard to find a lawyer to give you the 10 minutes needed for an assessment.

You’re right. Nobody is getting rich out of litigation over our barn, ha

You are making an awful lot of *ass*umptions. He is "illiterate" and "formally uneducated"? Based on what, exactly? You are worried he is going to sue you for breaching a contract ... did he sign the contract? Do you have a copy of it? What does it say? Most of them, that I have seen, expire after 30 days.

Getting legal advice here is bad advice. Take the contract to a competent lawyer. Laws vary all over so what's true here might not be true there. However, reading the contract thoroughly should answer a lot of your questions. A one-page agreement isn't likely to be too complicated.

Other thoughts: Trying to say you'll "consider the contract void if..." is a silly suggestion. There's a contract by which you're probably bound. The terms are in the contract. And you can't even call and agree with him over the phone to terminate the contract verbally, you need it in writing or he likely could come after you (parol evidence). What he promised you verbally means nothing. It's what you both put in writing that counts.

How long can he legally drag his feet? The contract will tell you. If it doesn't say, then it may well mean he can drag them forever. Hence, a lawyer would then be needed.

I agree that you should contact him and talk to him. You say you're mad because he hasn't called you. A month in contractor terms is not long at all unless you have it spelled out it's a month late. Sometimes you just need to light a fire under an employee/contractor.

Thank goodness no money has changed hands! Do not give him any money without having a completion date IN WRITING! We learned a bunch of lessons when a roofing contractor took our money and it also had no completion date on the contract...only word of mouth. It seems that if there is no date in writing, they can literally take forever to do the job!

cynic, I think we're basically agreeing :-)

You have no idea, being bossy and all, how hard it was to maintain a friendly demeanor when I called. It is raining in the area most of the week so more delay. I couldn’t resist and told him that if he was too busy to do my job, it wouldn’t hurt my feelings if contract was cancelled. He replied I was next in line. (line of suckers?ha)

i think cynic is right in that this guy may just be the type who needs a fire lit under his a@@. Actually, I feel better about the situation after talking today.

I said I suspect he can’t read. I wasn’t belittling the guy, just thinking it’s a shame b/c if he’s as hard working as my first impression led me to believe, learning to read would be an easy obstacle to overcome.

When he said you're next in line, did you ask him what his start date on your project is planned for? He should have some idea of how long he'll be on his current project. You need at least an anticipated date, or even a date with 2 days give or take.

No, b/c were not sure when rain will end. Front had been dragging more than initially anticipated and DH has work commitments floating around As well. For now, no date is best.

Whew!!! Our guy showed up and started land prep. He was thorough. I think we’ll be ok. We decided to risk it and not amend contract with a termination clause. Hope we don’t regret it. I’m afraid he might think we’re clients from hell b/c we ask many questions. We understand the implication is a trust issue but I’d rather be thought the client from hell than the CHUMP from heaven. I also figure I can bake him a cake later...

but we did almost have a first disaster. Initially, land prep was being done with building facing the wrong way. Thankfully, hubs notice in time to be modified.

and I think he can read as he and hubs were going over drawings. Plus he was driving his big truck and trailer. No way he could be on road unable to read signs.

Most adults who cannot read can and do figure out road signs.

Very glad that he has started your build for you and good catch on the wrong way the building was set. Things can happen but it really pays to be super vigilant and hopefully he will come through for you.

My brother-in-law who is severely dyslexic isn't supposed to try to read at all only look at the shapes. He's got a spotless record as he is much more conscientious then many of the drivers.

bossy, my neighbor was married to a man who was extremely dyslexic. He came from a rough dysfunctional family and never had the support or encouragement to learn the compensating skills. And yes, he did struggle one year with a drivers exam when he'd let his lapse and needed to retake the test, struggled with the written half. I remember a year when he ran into trouble with taxes, not keeping up his monthly paperwork for his business.

He installed flooring and was successful making a nice living. His calculations, math, reputation for execution so flawless he was called on to install flooring in some very high end homes including those of a couple of celebrated NFL players - but he could have stayed busy 7 days a week year around with the projects offered him.

He could be dyslexic rather than illiterate. He has told us he hates computers and relies on wife for all things computer and paperwork. He has my respect just the same as if he were John Steinbeck ; just seems like such an easy shortcoming to conquer, but maybe not.

UPDATE: construction is finished and we are 100% happy w/completed product. The guy’s wife volunteered that he didn’t finish HS so he could help support family. He knows how to read, just not very well. I did watch him calculate construction stuff but he assigns his wife to do all paper shuffling. He just wants to build. Still, this man is the shyest individual I’ve met but a lovely, hard-working, honest man. We will hire him again to build a car port. Here is a peek at our new barn. No legal eagle required after all, woohoo!

Looks awesome!

Neat color scheme. Not what I expected when you said it was a metal building.

Glad everything worked out.

Fun color scheme. Glad it all worked out well. Sounds like the guy is a good honest guy guy, albeit slow and you were pleased enough to work with him again.

Thanks for the update. So glad that things worked out for you and that you found a good contractor.

Wonderful news! And what a beautiful Barn. Sounds like you have it made in the shade with this wonderful contractor! Congratulations all around!

Yea, glad for you.