What to do about an inadequately completed roofing repair?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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..       


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption