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Signed contract?

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Old Aug 18, 2004 | 09:10 PM
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Default Signed contract?

Lets say i signed a contract for X amount of work to be done.

2 weeks later, i receive a letter in the mail from a lawyer stating the contract is being withdrawn by the contractor for reasons relating to me being (according to them anyway) "uncertain and vague in that you are continuously making changes to the agreed upon plans."

_____

Now to make this more clear, this is my mother.. signing a contract for a built in swimming pool/spa. Its alot more complicated than im trying to make it.. but thats basically what happened. 1 thing to note.. the contractor made the plans, and the drawing.. and they signed the contract for the basic pool equipment, what was needed etc... and the guy said that there would be no problem if we needed to add/ or change anything in the contract later if need be.

How are they able to cancel the contract like that? I mean we had no idea they felt this way until we follwed up with them, after not hearing from them a week.. that same day of the phone convo, we received this thing from the lawyer. It seems fishy to me they were not returning phone calls etc... it doesnt seem very professional IMO. I mean, $40k is alot of money.. does someone not have the right to question some things, and make minor changes.. i mean come on.

sean
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Old Aug 18, 2004 | 09:43 PM
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If they don't want any money, that's their problem. Keep the plans and get more estimates.
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Old Aug 18, 2004 | 09:48 PM
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exactly.. but i mean.. it seems odd..

also... lets pretend we had cancelled the contract... i doubt they would have let it go?

they had metioned on several occasions that they were going to be losing money because they under-bid the job.. but since we had signed the contract.. they could not increase the cost.. which is(in our opinion) why they cancelled.. and i dont think thats right.
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Old Aug 18, 2004 | 09:53 PM
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Tell them that if they don't abide by their contract, you will see them in court. They might come around. In the mean time, talk to your lawyer.
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Old Aug 18, 2004 | 09:54 PM
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Originally Posted by dubster99
Tell them that if they don't abide by their contract, you will see them in court. They might come around. In the mean time, talk to your lawyer.
would you trust people like this to build a $47k pool? who knows what they could do to make up their lost $.
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Old Aug 18, 2004 | 09:57 PM
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are you selling or purchasing? If you are buying, they can cancel at any time. If you paid out anything....anything at all, you should expect whats been purchased or recieve your money back - the opposite if selling. A service is still a product and you should receive that product or give them that product in the conditions of the agreement.
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Old Aug 18, 2004 | 09:58 PM
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Very true. Call the BBB and file a complaint about the company. Keep anything like plans that you don't want them to have, etc. I'm sure you can find a competitive price somewhere else.
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Old Aug 18, 2004 | 10:00 PM
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Originally Posted by dubster99
Very true. Call the BBB and file a complaint about the company. Keep anything like plans that you don't want them to have, etc. I'm sure you can find a competitive price somewhere else.
can we ask for the drawing they made etc.. for the project? it could help with the new pool people.. because we had already finished everything plan wise- then this.
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Old Aug 18, 2004 | 10:02 PM
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Originally Posted by Duff Man
are you selling or purchasing? If you are buying, they can cancel at any time. If you paid out anything....anything at all, you should expect whats been purchased or recieve your money back - the opposite if selling. A service is still a product and you should receive that product or give them that product in the conditions of the agreement.
we are buying.. they did send the deposit back with the letter from the lawyer..

dont you think its unprofessional of them to not even return ANY of the phone calls.. we had no idea they had a problem with any of this... The letter from the lawyer was the first thing stating anything was wrong...
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Old Aug 18, 2004 | 10:02 PM
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I would at least request that from breaking the contract, especially since you made a deposit...even though they sent it back. Might want to talk to a lawyer and ask them a few questions...most will do it for free.

Duffman - They had a signed written agreement. Regardless of what it's for, they can't just void the contract at any time.
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