Hello. My wife and I hired a Roofing Contractor (that is a local) for our roof because it began to leak. This was about almost two years ago. He said he could fix the leak and proceeded to "restamp our seals" (we have a standing seam roof), recoat the metal, and apply new rubber roof to another section he thought the leak was coming from.
After he did this the roof still leaked. After MANY times getting him back to our home, (and two years later), the roof still leaks from the same area!
So, my wife and I don't know what else to do at this point other than take him to small claims court for our money back.
Can I get some advice on how to proceed with this (or is there something else we can do that is better)???
Any advice would be greatly appreciated! We live in Ohio. We have the original contract from the roofer, and recorded all the events of our wrangling to get this leak fixed.
2007-07-19 07:04:22 · 6 answers · asked by hexler98 2 in Politics & Government ➔ Law & Ethics
Getting a hold of this contractor is nearly impossible and he frequently gives us the runaround when we do get him on the phone. He has even admitted to us one time that he didn't know what he was doing and doesn't know what else he can do (referring us to his brother who also is a roofer).
2007-07-19 07:06:14 · update #1
We have since had another roofer come over to inspect the roof. Using a special device (digital infrared video camera) he showed us that there is water under the rubber roof the contractor installed. So, using this info and images, can we ask the roofer to refund our payment for the rubber roof he installed? ($1700) since it not only didn't stop the leak, but it's causing more damage by trapping water underneath it?
2007-07-25 03:33:26 · update #2
sounds like this contractor is a bit on the shady side.
contact your state contractor licensing board...and see if any complaints have been issued against...also make a complaint against him with them.
ask their advice also---they can usually steer you in the right direction.
you can most certainly take him to small claims court...what are you going to sue him for? the amount you paid him, the damages caused after?...???
once in court you need to prove without ad doubt that he did shoddy workmanship and that you had damages because of his work. in order to prove this you will need an SME (subject Matter Expert---another roofing contractor)...you will need him to accompany you to court or have a notarized statement by him with you in court.
the bottom line with this case is that without and expert to back you up....you will most probably lose this case because it is hard to prove a leak in a roof...it may be leaking here in the corner..but the leak is really 6 feet away....so when you go to court...that is what the contractor may say...he patched one and another popped up.
good luck
2007-07-19 07:18:53 · answer #1 · answered by Blue October 6 · 1⤊ 0⤋
In addition to the excellent advice from rerug, you also need to make a report to the Better Business Bureau (http://www.bbb.com) for your area and it wouldn't hurt (and is free) to report him to the Ohio Attorney General's office. I was in the roofing industry for about 10 years and the fact of the matter is that you can do one hell of a good job, and it will still leak...the difference is you should only have to go back ONCE to get it fixed for good.
The original leaks are sometimes hard to spot because of how much damage there is, after it has been fixed the new leaks should tell you more about the problem and you should be able to fix them right away. There have been a few roofs that once you have taken on the job, we have sincerely wish we hadn't because the age and condition were a lot worse after we got into the job, that does not absolve us from responsibility.
Most roofing contracts have to be in writing, and they have to honor the contract. Start with the BBB and the AG and then you can file in small claims court if these two options don't have the roofer jumping to fix the problem.
2007-07-19 07:20:23 · answer #2 · answered by IcanoutfishU 6 · 2⤊ 0⤋
If you have a standing seam metal roof, how old is it. If it is more than 40 years it has outlived it's useful life. It might need to be replaced.
In order to make a valid claim, you would have to show that the work was improper, or not done. The fact that the roof leaks may mean that new leaks have occurred. You would need an expert to say the work was not done properly.
After you do all of that, contact the district justice and find out what is his settlement limit. If it is more than your claim, he will give you a form to fill out. The complaint will then be served on the contractor.
2007-07-19 07:12:58 · answer #3 · answered by regerugged 7 · 1⤊ 1⤋
Forget the contractor for now. Try and find a reputable contractor and find out what the problem is with the roof. Check with different ones until you find one with the most knowledgeable answer. Try to fix the problem with this company. Then after the problem is fixed, find out what happened with the first contractor. If he was negligent you will have a witness at you're court hearing to testify on you're behalf. You have already proven that the first doesn't have a clue as to what it will take to fix the problem. But you need some evidence on you're side to take him to court. But the first thing you should do is fix the roof.
2007-07-19 07:35:18 · answer #4 · answered by Jackolantern 7 · 0⤊ 0⤋
Well, it may be that you got played by a fraudulent roofer (check bbb.com to see if the company is listed, or call your local TV news channel consumer report(er)), but the guy who mentioned that the roof on your (historic) house may need to be replaced makes a valid point also. Have you had any luck resolving this yet?
2007-07-20 14:44:55 · answer #5 · answered by Roan22 2 · 0⤊ 0⤋
How about: buyer beware.
Get on with your life. Get another contractor.
Stop deliberation upon wasting the court's time and money.
We are nine trillion in debt. Be a man.
2007-07-27 07:02:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋