Legal Question in Construction Law in New York
Roofing gone bad
We recently had roofing done on our house. The final quote for a partial tear off w/ 40 yr shingles came to 4300. I have paid the roofer a total so far of 3500, but he has been horrendous as far as service, lying, laziness, etc. The quality of his completed work is good, but he still has some minor items to finish. The roofer has been very bad in doing the work, its been over 2 months and its not done (most take 2-3 days max). He tore off some bad wood and left a tarp over the holes for 2 weeks, meantime rain leaked into one room and caused the ceiling to droop. He promised to fix it no charge. To date all he has done is slap a coat of joint mix on it with promise to fix it up later, we are still waiting. I've had it and don't want the guy to finish, just leave. I'll pay someone else with the money I still owe him to fix up the rest of the roof, I'll take care of the ceiling myself. I feel we've been extremely patient, the guy lies constantly, telling us he'll show up, never does, when he does work its for 3 hours or so every 2 weeks. I am afraid to ditch him thinking he can put a lean against my house, I'm more than willing to go to small claims because I believe we are in the right, what should I do?
2 Answers from Attorneys
Re: Roofing gone bad
If you are going to quail in fear about the possibilitry of a lien being filed, then no lawyer can help you. You are in a mess and a fight. Did you notify your insurance carrier abbout the damage to your house? You had better do it right away if you have not; every day you delay increases the chances that your insurance carrier will refuse to cover the claim due to late notice. Did you make a claim against the contractor's insurance? Do you even know what insurance he has? If you don't, then you are in a truly hot spot since you have no expectation that this contractor is going to do anything to fix the problems, and the expenses you are going to incur will be in excess of the amount you "owe" to the contractor.
Your to-do list:
(1) Notify your insurance carrier.
(2) Notify the contractor's carrier.
(3) Engage an attorney, since you (obviously) did not do so already. This is a classic example of pay me now or pay me (lots more$$$) later.
Re: Roofing gone bad
To specifically answer your question, first you should send written notice to the roofer regarding your objections to his work and what you want done. Notice should be sent by certified mail and regular mail. In the notice you should also state your intentions (new contractor) if he does not resolve the problem in a reasonable period of time (2 weeks).
Second, after that period of time has lapsed, you should formally discharge the old countractor (by letter both certified and regular mail) and retain a new contractor to complete the contract and correct the damage.
Third, after you quantify your damages, you can file a complaint with the local authorities (some counties have a grievance procedure) AND you can retain an attorney to file an action for money damages.
Mike.
Related Questions & Answers
-
Do I have to give all reciepts and documants I am a contractor who did a... Asked 3/03/06, 7:03 am in United States New York Construction Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
