What to do if my father is a roofing contractor who did a job in about 2 weeks ago but he is being refused payment?

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What to do if my father is a roofing contractor who did a job in about 2 weeks ago but he is being refused payment?

He has a contract and is owed about $9,000. The owner stated that the wrong thickness wood was used in a few places where my dad agreed to replace some rotting wood. The owner said he saw the wood was the wrong thickness but never said anything until after the job was completed. My dad offered to come out and replace the wood with the correct thickness as an employee had picked up the wrong wood from the supplier. The owner would only allow my dad to come out and replace the entire roof. My dad says this is not necessary and that only the few areas need to be fixed. The owner had said he would pay for material but no labor.

Asked on August 23, 2013 under Business Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Contracts are enforceable; if your father did the work he was hired to do, the other party must pay. If they will not pay, your father may sue them to enforce the contract; he--or preferably, a lawyer on his behalf--would file a breach of contract action. The other party can try to raise as a defense that the work was not done right or was not acceptable; it is likely that their delay in reporting the problems they claim to have seen will undercut this defense and weaken it--and, of course, they'd need to be able to prove that the work was in fact done incorrectly.


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