What to do about an inadequately completed roofing repair?

I recently had my roof shingles replaced. The roofer and my insurer agreed on a price. My insurance sent me the line item price agreement. On the line item the roofer was paid to replace a certain amount of roof vents. There was a part price and seperate labor price. After all was said and done 3 vents were not replaced. I made final payment and reduced the 3 vent parts price, which was about $150. The roofer is now demanding the $150 threatening me with court, lian on my house and a 30% cancellation fee. What do I do? I doesn’t seem right they should collect parts price for parts they didn’t replace.

Asked on September 24, 2012 under General Practice, Colorado


Craig Singer / Attorney Craig Singer

Answered 8 years ago | Contributor

You are correct that it doesn't seem right that they should collect parts price for parts they didn't replace.  Let me begin by commenting on the threat of suit.  This claim would be brought in small claims court. The amount the roofer would be claiming is $150.  The filing fee for a claim of $500 or less is $40.  I have to assume that the roofer completed the rest of the job and was paid in full, minus the $150. I have to ask you this...do you think it is worth going to court for that amount of money?  If the roofer does sue, you must appear in court on specified court date, or you will default and owe the money.  If/when there is a suit filed, you should counter sue under MGL ch. 93A, sec. 9 for unfair and deceptive practices.  It is unfair for the roofer to claim he is owed the $150 if he did not replace the vents. Now, forgetting about the lawsuit, I would recommend contacting the roofer, demand that he install the vents, and pay him $150.  Good luck..       

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