Legal Question in Civil Litigation in New Jersey

Re: Roofing contractor trying not to perform proper repair as stated in contract

At this point, I would suggest that you get a written estimate/report from a reputable roofer as to what was not done by the first roofer and what it will cost to complete the job properly. Provide the old roofer the opportunity to make the appropriate repair, by providing him with this estimate, so that he cannot latter argue that he did not have the opportunity to mitigate damages. If he does not do the job, give the job to the new roofer. If the costs is less than what you still owe the old roofer, pay the new roofer who just completed the job and pay the balance to the first roofer. If it is more, then pay the new roofer and advise the old roofer what you have done and what you claim he owes you. You would then have the option to sue him, keeping in mind that you would probably need the new roofer to testify as to what the old roofer did inappropriately, or if the old roofer sues you, you can file a counterclaim against him. If you want me to assist you, feel free to contact me at 856-546-8010. Good Luck!