Legal Question in Construction Law in Oregon
Roofing
My mom had to have her roof replaced to keep her homeowner's insurance active. She got three bids, and went with the lowest, $7600. There was no signed contract, only a bid proposal to tear off old roof, repair dry rot, and put on new shingles. She paid $3800 to cover materials and initial tear off. After the 2nd story roof was replaced, the workers started putting new shingles over the top of old on the lower roof. The contractor had been told by phone message the night before that there were 6 layers of shingles on the lower roof, but he didn't tell the roofing crew. When I told them about the 6 layers, they called the contractor. He showed up and the crew started taking off the new shingles and the old layers. The contractor told mom it would cost more than the bid because there would be more work involved in fixing the lower roof. I made the mistake of telling him I would be willing to help with the added expense. I asked him twice how much more it would be. He would only say we would work something out. After the work was supposedly completed ( still areas of dry rot and sagging lower roof) he said the bill would be over $13000. I told him that was unacceptable. A few days later he lowered it to $11700.
What are my options
1 Answer from Attorneys
Re: Roofing
After reading through your question, many potential issues were raised, written contract, reasonable price, unilateral modification of price, licensed sub-contractors, workers' compensation insurance for workers, registration with the Construction Contractors Board,(CCB)etc. I would be happy to meet with you in person at my Salem Oregon office to further discuss these potential issues.
The CCB offers dispute resolution between homeowners and contractors. You may find the following information is from the CCB's website helpful...
CCB Dispute Resolution Services (DRS) assists consumers, contractors and others in resolving their disputes.
The CCB receives several hundred complaints each month. A complaint may be filed by:
A property owner alleging breach of contract, negligent or improper work
An employee alleging nonpayment of wages
A supplier alleging nonpayment for materials
One contractor against another, for breach of contract, negligent or improper work, or nonpayment
Each complaint is processed by a dispute analyst. In many cases, an investigation takes place. A field investigator reviews conditions and attempts to help the parties reach a compromise settlement of their dispute. More often than not, the parties agree to a settlement that resolves the complaint.
Sometimes the parties cannot or will not agree to a settlement. In those cases the CCB investigator will observe the alleged defective work items and prepare a report recommending that the item be repaired or that the defect allegation be dismissed. If the CCB recommends repairs, the law requires that the contractor be allowed to repair the defective work.
If the contractor fails to make recommended repairs or to satisfy the settlement agreement, the dispute analyst may require the complainant to obtain repair bids from other licensed contractors. The dispute analyst may issue an order proposing that the contractor pay an amount of money to the complainant or that the complaint be dismissed.
If either party objects to the order, either may request a hearing. Then, and in certain other situations, the case moves to the state Office of Administrative Hearings (OAH), where it is decided by an administrative law judge. If the claimant wins, the OAH will issue a cash award payable by the contractor. If the contractor does not pay the award, it may be paid from the contractor’s bond.
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