ShouldI pay my roofer the balance of his contract if he left my roof open and astorm came which resulted in water damageto my house?

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ShouldI pay my roofer the balance of his contract if he left my roof open and astorm came which resulted in water damageto my house?

My roofer stripped my roof and felted it then left the job. An hour later a strong thunderstorm with hail came and tour up the felt and caused major water damage to my house. He has insurance but should I hold final payment until the water damage is fixed?

Asked on June 10, 2011 under General Practice, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From the way that you have phrased the question it would appear that he then came back and finished the job, closing up the roof again, correct?  But that does not help you any with the damage to the include of the house.  Although legally you may be obligated to pay based upon your contract (payment upon completion) I would  wait to make sure that your claim for damages has been opened with his insurance company and that you are indeed going to be covered by his carrier for the damages.  I would also make a claim under your homeowners policy for the damages.  Might as well cover all bases. Reading the contract is key here so you may want to consider taking it to an attorney in your area.  Good luck.


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