Yes, I am happy to answer your question.
I’m asking because it is happening to me. We are currently in a year-long litigation where a roofer is suing us for breach of contract claiming liquidated damages after we made a lawful, valid cancellation during the 3-day right to cancel period provided by Federal and State laws.
Our motion to dismiss based on the legal authority of those Federal and State provisions was immediately granted without prejudice in the lower court. IOW, the court recognized the absurdity and maliciousness of the roofer trying to extract from us “damages” of 20% of the total roofing job after we had made a lawful, valid cancellation.
This roofer then appealed to the next-higher court. The appeal was dismissed, not on the merits of the case, unfortunately, but on a jurisdictional issue of dismissals without prejudice are not appealable.
The roofer’s attorney has indicated that he is going to either re-file a complaint in the lower court, this time asking for damages against us for unjust enrichment, or he might appeal to the next highest level court; which in our state is one level below the state Supreme Court.
The reason I’m asking the question in my OP is because I have not been able to find a single instance of a roofer anywhere doing what this roofer is doing against us. Judges, especially appeal judges, like to be able to cite precedent cases in arriving at their decisions. I was hoping to find even one other case of a roofer violating the right-to-cancel law and getting slapped down hard by a judge.
What I think I’m looking at, however, is what’s called a “case of first impression,” where we basically blaze the trail for others to follow who are being sued for similar circumstances. But it would be easier if there was already a case existing.
You’ll be interested to know that this roofer has filed about three dozen lawsuits in the past 2 1/2 years against homeowners in our area, mostly senior citizens, average age of all of their victims is 75. They basically work an insurance contingency liquidated damages scam. Until they sued me they had won every single lawsuit.
Sorry about the long answer. I’ve been living with this for more than a year, and there is SO MUCH more!