By: Bill & Kevin Burnett
Q: I recently had a new roof put on my house. The roofing company failed to tarp my roof, and when it rained my French doors suffered extensive damage. I have not yet paid this company any money, and it is considering repairing my doors. I'm not convinced that these doors are repairable, especially considering that they are made of wood. They are about 50 years old and had been in excellent condition. If this should get ugly, should I demand new wood doors? Is this a Small Claims Court issue? Shouldn't the roofers take care of their customers regardless of the circumstances?
A: It sounds as if the damage done to your French doors was caused by the roofing company's failure to make a reasonable effort to protect them while the roof covering was off. If that is the case, they quite likely are responsible for the damage. In situations like these, reason should prevail.
Did you hire a licensed roofing contractor? If so, the contractor should have both liability insurance coverage and a contractor's bond that the Contractor's License Board requires for your protection. If unlicensed, ask the roofer about any insurance coverage he might have. In either case, file an insurance claim.
It's reasonable that the roofing company be allowed to try to repair the doors. If the doors are not terribly warped, some stripping and sanding could make them good as new. This process might be as simple as removing the doors, giving them a good sanding and repainting and rehanging them. Or it might require a trip to the local furniture stripper.
If you are not satisfied with the doors when the repair efforts are complete and the roofing company stops trying to make it right, you might consider hiring another tradesman to do the repairs and deduct the cost from the cost of the roof.
Tell the roofer what you are going to do and see if he will agree to this solution. If not, consider doing it anyway. But be advised that if you take this route you may be accepting responsibility for repairing the doors.
If the doors are not repairable, a trip to court should be your last resort.
This does sound like a Small Claims Court issue. To get information about the Small Claims process and the dollar limitations that apply, contact the court clerk at your local courthouse.
A word of caution: Even if you go to court and win, you still have to collect on the judgment.
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