Roofer Mishap...need advice

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  #1  
Old 02-09-18, 07:27 AM
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Roofer Mishap...need advice

To make a very long story short, my roof was mistaken for my neighbors roof by the roofing company. By the time I got home half the roof was down to the ply. They put new tar paper along with the synthetic paper down, but thatís where it stands. This was three weeks ago.

I was told from the beginning that they would fix their mistake and told they would deal with permitting and my home owners association. I was also told from the beginning it would take a week or so. Speaking to them last week I was told the permit was taken care of and that they were waiting on the shingles (Owen Corning Duration). Talking to them today, there is no permit pulled and asked if I really want a permit. After saying yes Iím now told another three weeks.

Needless to say itís been a long three weeks dealing with them and never getting a straight answer. Not sure what I should do. Everyone around me says to file a report with my local law enforcement. Advice or suggestions?
 
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  #2  
Old 02-09-18, 07:40 AM
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A complaint to the police is certainly in order as (even if it was a honest mistake) they could actually be threatened/charged with vandalism. That might provide some motivation for them to get this rectified. Making FYI calls to the better business bureau, your building inspector, the attorney general might also yield some good tips.
 
  #3  
Old 02-09-18, 08:55 AM
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Also whatever licensing agency handles contractors in your state.
 
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Old 02-09-18, 09:24 AM
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I have waited 3 weeks, and longer on some occasions, for plan reviews, bid awards, etc., but never for permits to simply replace roofing material. In fact I have literally stopped by the office between 7:00 and 7:30 and had the permit posted on the jobsite by 8:00. Granted, the wheels in some jurisdictions turn slower in some than in others, but, whether he's not licensed and is waiting for it to go through, waiting for you to give in and say "just do it", or whatever, you're getting jacked around, and meanwhile the clock is ticking on the next rain, etc., so I would not hesitate on proceeding with any of the previously mentioned suggestions.
 
  #5  
Old 02-09-18, 09:30 AM
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I hope they are a big established company, small companies can just close their doors and move to another state. They could be stalling to collect money due on other projects before they disappear.

All of the above plus a lawyer. Why the lawyer, because they need to be motivated and held responsible for their mistake. They should be on the hook for the new roof obviously, plus some compensation for the inconvenience along with ALL legal expenses.

Had they jumped right in and fixed your house 110%, apologized profusely, they might have snuck out the door without further action. But their delays are signaling they don't want to do this for whatever reason.

Keep all communications in writing when possible and document all verbal contacts. Otherwise be nice and let other officials be not so nice.

Bud
 
  #6  
Old 02-09-18, 09:57 AM
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Time to contact your local police, your home insurance carrier, and an attorney.

#1 You contact the police because it's their job to track down who came onto your propety and caused the problem.

#2 You contact your insurance company because it's their job to fix things that go wrong. You want them to send out an adjuster, figure out how much it will cost to fix, and fix it for you. Your insurance should repair your roof for free, then file a "subrogation claim" and sue the other roofer in your name, to make them pay for it.

#3 You may need an attorney to make sure that #1 and #2 are progressing, unless you have alot of free time to attend to this.

Disclaimer - I'm an attorney, but I'm not YOUR attorney.
 
  #7  
Old 02-09-18, 11:02 AM
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Thank you all for the advice.

I've been giving them the benefit of the doubt as I know mistakes happen, I'm also one not to complain about things and was hoping they would just do the right thing. Unfortunately I don't think that's the case here. I have spoken with the owner of the company and he is "supposed" to be in the area today. Apparently he didn't even know about the situation, I may wait to see how that goes before proceeding through with all of the calls to report it. Thanks again.


Disclaimer - I won't hold Hal_S or any other member accountable (joking around of course)
 

Last edited by jbob0124; 02-09-18 at 11:04 AM. Reason: Added Disclaimer
  #8  
Old 02-09-18, 12:53 PM
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Just an update, the owner stopped by and called my local building dept. while I was there. The recommendations for permitting was for me to pull the permit as an owner rather then going through the contractor. The building dept. said roughly a week or two.
 
  #9  
Old 02-09-18, 01:16 PM
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That doesn't sound right to me, but not an expert and don't know what your local codes require. Just off of the top of my head, when you pull the permits then it is your responsibility to get and pass any inspections. If he does something wrong YOU are at fault. I don't even think we need a permit for a new roof where I live but apparently you do.

As for taking a week or two for the permit this is in addition to the time already gone by. You need to be talking to all of the authorities referenced so far along with a one on one with that building department to determine your responsibilities if you pull the permit.

You need an agreement signed by that contractor stating what he will do and when it will be done. You also need to know that he has the required insurance coverage, if not then you are liable for any on the job injuries and liability.

Thinking as I type, definitely not your responsibility to pull the permit and a bad idea to do so.

Let's see what the pros say.
Bud
 
  #10  
Old 02-09-18, 02:13 PM
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OK, I have put some thoughts together.
There are a lot of links explaining who should be pulling the permits and since this is NOT a job of your planning there is absolutely no reason for you to pull ANY required permits. I don't understand the phone call with the building department that concluded "The recommendations for permitting was for me to pull the permit as an owner rather then going through the contractor." Totally wrong and not a good suggestion on his part. There maybe something else going on here between the building department and this contractor, pure speculation but they do interface often.

If you were going to hire a roofing contractor there would be a standard list of requirements, NONE of which have you had an opportunity to do. Is he a good contractor with positive referrals, maybe? Does he carry all of the normal required insurance that will cover him, his employees, and YOU. Too many contractors list what should be employees as being sub-contractors so they can avoid paying workers compensation. Doesn't work and YOU end paying for an injured worker.

No insurance, then he can't be working on your house.

There are previous threads here discussing the need for insurance.

Bud
https://www.nolo.com/legal-encyclope...-projects.html
 

Last edited by Bud9051; 02-09-18 at 02:14 PM. Reason: add link
  #11  
Old 02-09-18, 03:02 PM
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You say you belong to a HOA. Why are they not going to bat for you? Get a lawyer. They will pay all fees. The mistake should've been rectified within the week. Regardless of permits or other things. Threaten to sue. As others have said you should not pull the permit. Make them responsible for everything included cleanup, shrubbery, paint, gutters and a written guaranty.
 
  #12  
Old 02-09-18, 04:54 PM
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Thanks again for the advice. I stopped by City Hall and spoke with the building department to ask a few questions about it. I was told basically what was already said about being liable. After calling the owner of the company to say that he needs to pull the permit, he's all of a sudden going to be "out of town" for the next few days and will work on it next week.

Guess I will be starting the process tomorrow. You think it matters whether I contact an attorney first or law enforcement? As far as the HOA, I'm not sure they care one way or another. It's been three weeks now and I would think HOA would have contacted me about it by now.

Should I get a real estate attorney or any other specific one?
 

Last edited by jbob0124; 02-09-18 at 04:59 PM. Reason: attorney type?
  #13  
Old 02-09-18, 05:06 PM
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If you don't have an attorney call legal aid for a referral. On a case like this I would think a general practicing attorney is all you need as opposed to special one. This could even be handles in small claim court based on the locals laws of your state.
 
  #14  
Old 02-09-18, 07:02 PM
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I would definitely talk to the police to be sure if there are illegal activities that you don't do something to shift it to civil court. My example was trying to recover a bad check and they told me if I had accepted any partial payment they could no longer handle it. Totally different but just in case talk to them. Some legal beagles will give you a free first conference, always nice.

If you know which house was supposed to be getting the new roof have you talked to them to see how much they know about this guy. Did they have a contract? Did they get a certificate of insurance?

Did the building department sound like they know this company? Is a license required in your state and if so have you determined he has one. And if so whoever issues it might be able to pressure him from another direction.

Got the permit...wrong
Waiting for shingles...not
You pull the permit while he skips town!!!
I'd see if they could arrest him on fraud charges.

Write up times and dates of all that has transpired while you remember it, this could talk a long time.

Also, get an estimate from another roofer of your choosing.

Bud
 
  #15  
Old 02-09-18, 07:42 PM
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Bud, to answer some of your questions:

- The neighbor was looking for the cheapest they could find as they are selling their house. They had mentioned permitting was an issue for them, but didn't say anything else about it and finished roughly a week after they started it.

- The building department wasn't that helpful to be honest and didn't seem to care much about the situation. They were ready to just hand over the permit package and send me on my way.

- I know a permit is required, but not sure about being licensed here. I can only imagine it is required.

- We are currently getting all call times and dates from our phone company and printing them out.
 
  #16  
Old 02-09-18, 08:04 PM
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I'm not a roofer and not in FL but imagine that hurricanes require more attention to detail than we get here in Maine. Not good that they were shopping for the lowest price as that usually scrapes the bottom of the barrel and leaves out that mandatory insurance coverage. You are stuck between a reak rock and hard spot because it sounds like you might not have selected this contractor to work on your house. Yet what do you do? That is where the lawyer and police come in. You want your house restored with a new roof and done so by a reliable contractor and you want all additional expenses to be paid by him or his insurance co. If one exists. You shouldn't be required to use him as the roofer.

Bud

Just a thought, but have you considered talking to your home owners insurance company. Maybe they can fix your roof and go after the other guy? Maybe!
 
  #17  
Old 02-10-18, 03:31 AM
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Been following this and would get estimates from other roofers in area and have them replace roof. I said replace roof as they will not usually be able to match old shingles. Your house should be restored same or better condition before damage done. Hate to say it lawyer time.
If any leaks occur they should be liable for all repairs.
 
  #18  
Old 02-10-18, 07:25 AM
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I agree......You need a lawyer very soon or file a claim in small claims court as soon as you can.
Here, yours would be a civil, not a police matter being it was a mistake not fraud that started this whole thing.

The longer you leave it the less chance you have of them paying for this.
You might want to call a reputable roofer for a quote to fix this ASAP to establish an amount for court.
 
  #19  
Old 02-10-18, 07:57 AM
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I also like the suggestion to get your insurance company involved as they have more clout.
 
  #20  
Old 02-10-18, 08:07 AM
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And just to expand on an earlier comment I made, check with the state to see if he even has a contracting license. Unlicensed contracting in Florida IS A FELONY.

https://www.myfloridalicense.com/wl11.asp?mode=0&SID=

And FWIW, I would not let him near my roof; I would contact a lawyer and see about the feasibility or advisability of contracting my own roofer and then suing for the cost + attorney's fees. You are liable to get a roof that's "fixed" by the original guy that leaks two years down the road or is not up to code.
 
  #21  
Old 02-10-18, 08:26 AM
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I checked on the Myfloridalicense link and he is listed with expiration later this year. Got a timeline together last night of all of the calls to/from and detailed what they were about. Think its a 6 page list...

Just need to find a good lawyer near me and get a quote or two.
 
  #22  
Old 02-10-18, 09:49 AM
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Pugsl, to your comment about matching shingles, there aren't any to match so thats the easy part...They stripped it down to the ply and put down what appears to be tar paper (it almost looks like rolled roofing) along with a layer of proarmor.
 
  #23  
Old 02-11-18, 01:28 AM
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Analytically, this is no different from a car skidding into your house and necessatating a repair

First, contact the police, it's trespassing with property damage, analytically it's no different from somebody skidding off the road and damaging a garage door. Person unintentionally damaged your property. That's why roofers have insurance, when something goes wrong.

Second, contact insurance carrier. That's what YOU have insurance for.

Third, check with legal aid for an attorney who's familair with small claims court and insurnace claims.
Your insurance company may hire an attorney to straighten this out, but it's worth checking.
 
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