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  1. #1
    Join Date
    Jan 2008
    Posts
    18

    Default California, Contract Signed, Health Crisis After 3 Day Cancel Period

    My spouse and I signed a contract for a remodel of one of the rooms in our home. We understood about the 3 day stipulation where we could cancel within 3 days after the contract. We obviously wanted the work done and it was to start in two weeks.

    Unfortunately my spouse developed a health crisis and underwent major surgery 5 days before the start date, and so I requested with the contractor that we reschedule, with the expectation that my spouse would be home within a few days. However, my spouse has developed some unexpected complications and remains hospitalized and the doctors are not sure what is going on. I called the contractor and explained the nature of it and that it is uncertain whatsoever when the work can commence if at all due to health issues when my spouse is rehabilitating at home. Essentially it is highly doubtful that we can proceed for an indefinite amount of time simply because his healthcare team may not permit an atmosphere full of debris, noise, and disruption that may hamper my spouse's full recovery; if my spouse does recover from this.

    The contractor informed me that I cannot cancel due to this emergency because the 3 days window has passed. These are unforeseen circumstances!!! I cannot have this right now, nor in the near future; it will not happen as far as I can see. The contractor claims that the building materials have already been ordered and that he cannot return them. We supplied the contractor not only the $1000 down, but also nearly half of the cost for the job so the contractor can get started.

    So the contractor informed me the 3 days passed, and really the contractor is being very careful with his response to me, and says only to call him in a couple of weeks about the issue. NOTHING WILL CHANGE IN TWO WEEKS!!! If the work goes on at all, if I decide it is acceptable to my spouse's health I can only forsee sometime in the mid-summer. What can I do? I'd like to get my money back, but I can postphone, but I may not even be able to do that!! Help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: California, Contract Signed, Health Crisis After 3 Day Cancel Period

    You're not realistically going to get all of your money back. The contractor would be entitled, at least, to his contract damages - the cost of materials he cannot return or use on different jobs, plus his lost profit. You can either reschedule, try to negotiate with the contractor, or sue the contractor and see what a court orders.

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