Legal Question in Business Law in New York

Re: can i sue for work done poorly

It sounds as if you may have a claim for breach of contract. You do not need a "written" contract. Since you hired the roofer to repair or replace your roof, and you relied upon his professional advice, it is clearly arguable that his services were not provided in a workmanlike manner and or were defective, since you ultimately received no benefit from a roof he improperly installed. Under the circumstances, you should be able to recover the money you paid him. Should you wish to discuss this matte further, please feel free to contact my office to schedule a free consultation. Very truly yours, Andrew J. Campanelli (516) 746-1600

Re: can i sue for work done poorly

My colleague Mr. Campanelli left out a lot.

First, the person that is purchasing your house, who says his expert is correct? How was he able to look at the plywood? I just had the roof replaced on my building. I was only able to see the condition of the roof after the roofer removed the shingles.

Second, and most important, is the roof leaking? It is customary that in a sale of a house the building is sold AS IS, with the roof being free of leaks. And in this seller's market, if the roof is free of leaks, you should not have to make an adjustment in the sale's price.

Third, I strongly suggest contacting your old roofer (especially before suing him), and let him give an opinion in writing as to the plywood. Use this opinion to contradict the purchaser's expert.

Fourth, most (if not all) roofers give a warranty for workmanship. If the roof leaks have your roofer honor the warranty.

Fifth, before suing, roofers in New York City must be licensed by the department of consumer affairs. Many of my clients have brought successful claims against licensed contractors in Nassau County (where contractors also have to be licensed). Furthermore, there is a fund to help individuals defrauded by a dishonorable contractor.

Sixth. If you must sue, you can commence the action in small claims court without an attorney. In New York City, the monetary limit to commence an action in small claims court is $3,000.00. The action must be commenced in the County where the contractor is located.

Seventh. Beware of attorneys that only want to sue.

Re: can i sue for work done poorly

I received your post on 10-31-2000.

Maybe the plywood is bad...maybe it isn't. Show the report to your roofer. Ask him to explain it. If the explanation is acceptable, tell your real estate lawyer and that will be the subject of negotiation. No matter what, you need an explanation from your roofer. Determine his credibility...and proceed accordinlgy. You can always sue...but only if you have to.

Please feel free to contact me directly with any questions at [email protected]

Good Luck

RRG

Re: can i sue for work done poorly

You can sue, in small claims court, but you have to be able to verify the work was actually done poorly. Show the contractor the report from the new inspection and get his comments - telling him nicely that if the report is correct, you want to be compensated for his incorrect work - it may be possible that the buyer is trying to negotiate something that they might not be entitled to - have there been leaks since the new roof was installed, or is this merely left-over evidence of what you repaired. A second opinion on the necessity for the repair may be a good idea. Did you get a warranty on the new roof? If so, and there is a problem, your contractor is responsible to make all necessary repairs. You must afford him the opportunity to make the repairs before you can sue him.

Walter