Correspodence regarding a roofing job
There are problems with your contract form, and I don’t think that you are likely to do anything but waste your time and money if you bring a lawsuit. The contract does not state the approximate job cost. Under Senate Bill 38, which became law on June 6, the contract must give an approximate cost. You need not take my word on this. I attach a page from the Colorado Roofing Association’s newsletter which appeared in June.
The clear intent of SB 38 is to compensate roofers for actual work performed, or expenses incurred, but nothing more. In several places the law says things such as a roofing contractor may be “(P)aid the reasonable value of roofing materials ordered and actually installed.” The law is not designed to give you something for nothing. Your contract form provides for attorney fees, but only if the owner fails to pay “for services performed.” What we are offering is to pay for your salesman’s services on a reasonable time basis. No other services were performed.