Breach of Contract and Your Remedies

A homeowner in Alberta wished to re-shingle the roof of their residence. A roofing contractor contacted the homeowner and arranged an on-site visit to provide an estimate, presenting various roofing materials as examples. The homeowner agreed to proceed, signed the estimate, and selected a specific shingle material and color. The homeowner then paid the roofing contractor a $20,000 deposit. Three days later, the roofing contractor contacted the homeowner and advised that the color the homeowner had selected was unavailable. The homeowner requested a full refund of the deposit. The roofing contractor refused to return the deposit, asserting that the particular color shingle would be unavailable from any roofing company, not just from them.

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