Legal Question in Real Estate Law in North Carolina

You do not get "pain and suffering". Its an inconvenience living without air and I know how hot its been but you do not get it. You were not bodily injured in any way.

IGet everything documented and take pictures of the nail puncture. Pay the AC guy to fix this - you cannot continue to live without air.

I would write a letter and send it UPS to the roofing contractor and tell him that you have waited and his guy never called and he has not acted to take care of the problem so you did. Send a copy of the documentation and pictures as well as a copy of the repair bill. Advise that as you owe him money, you will withhold the sum of the AC repair from his payment if he is agreeable. Get him to sign a release if he is and make sure you get in writing that he will not file any liens and arrange to pay him the balance. If he refuses, did you sign any kind of written agreement with him? Does it say anything about what to do if you disagree, such as arbitration? If so, then arbitrate the dispute as provided for in the contract.

If not, you can either pay him the full cost to repair and sue him for the AC repair bill or don't pay him at all and wait until he sues you. You can then counter-claim for the AC repair bill. The problem is that he may file a lien first.

However, entering into a voluntary resolution will be the quickest and cheapest for both of you.