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Started By
Message
WWTOTD? Contractor Issues
Posted on 10/27/17 at 8:21 am
Posted on 10/27/17 at 8:21 am
Earlier this year, I had my roof replaced on my home due to hail damage. Insurance estimate clearly stated the flashing around the chimney was to be replaced, and the flashing near an awning on the back of my house was to be replaced. Fast forward to now...I'm having an addition built on to my house, and the current contractor brought it to my attention that the flashing from the roofing job was never replaced. He took pics of everything. I contacted my insurance company and told them the situation. They say it has insurance fraud written all over it b/c they were paid to do work and failed to do so. I got my current contractor to give me an estimate to replace the flashing, and I sent an email to the contractor who replaced my roof which included the pics, the current estimate, and the insurance adjuster's estimate that showed the flashing was to be replaced. In the email, I asked that they send me a check so that I can pay my contractor to complete the work that they got paid to do, but failed to do. So far I haven't gotten a reply. Am I being a dick about this?
TLDR; Roofers didn't do what the insurance company paid them to do. I now want them to pay another contractor to do it.
TLDR; Roofers didn't do what the insurance company paid them to do. I now want them to pay another contractor to do it.
17
Posted on 10/27/17 at 8:23 am to Graton
quote:
Am I being a dick about this?
No but why didn't you just go to the original contractor and tell him to do what you paid for? You should be demanding he do it and not worry about a check right now.
Posted on 10/27/17 at 8:24 am to Graton
quote:
Am I being a dick about this?
Expecting someone to do the work they agreed to and were paid to do is considered being a dick?
Posted on 10/27/17 at 8:24 am to Graton
Did your insurance company send someone to document the work progress during the new roof installation? We had a guy come by about 3 times the day our roof was replaced taking pictures of everything going on.
Posted on 10/27/17 at 8:25 am to Graton
The insurance didn't have someone inspect the roof after completion?
Who do you have, The General?
Who do you have, The General?
Posted on 10/27/17 at 8:28 am to Graton
Unfortunately there isn't a lot you can do outside of small claims if you are simply demanding just the amount of the flashing and he probably knows it. The OT will tell you to call the contractors board but they can only enforce licensing law and this doesn't fall under that unless they guy was out there doing your roof with no license and even then it would have to cross a certain dollar amount before a license is required.
BBB, Yelp, etc none of that really helps and I doubt your insurance company is going to do anything to help you but they will deny your claim if you ever have another roof issue possibly.
I would go after him over the entire roof that way you're over the $5K small claims threshold. Removing shingles just to replace the flashing around a chimney isn't ideal and can be argued that it compromises the integrity of the entire roofing job.
BBB, Yelp, etc none of that really helps and I doubt your insurance company is going to do anything to help you but they will deny your claim if you ever have another roof issue possibly.
I would go after him over the entire roof that way you're over the $5K small claims threshold. Removing shingles just to replace the flashing around a chimney isn't ideal and can be argued that it compromises the integrity of the entire roofing job.
Posted on 10/27/17 at 8:28 am to Graton
Not trying to be a dick, but why didn’t you check their work after they were finished? You would have noticed right away instead of many months down the road
Also: did you have any leaks or water damage from the work that they didn’t do? That would possibly up the ante a little. Was it a big name roofing company or just a guy making a quick hustle?
Also: did you have any leaks or water damage from the work that they didn’t do? That would possibly up the ante a little. Was it a big name roofing company or just a guy making a quick hustle?
This post was edited on 10/27/17 at 8:31 am
Posted on 10/27/17 at 8:30 am to Graton
Yes you should demand he do the work he was contracted to do communicated in the appropriate manner (i.e. certified letter if need be) but
Is never going to happen and even if he did give you a credit (he won't) it would be pennies on the dollar of what your current contractor can do it for.
Also like Stout said you'll need to be over $20k to file with the contractor's licensing board and your only other option is to sue (which for this seems like a big $$ risk).
How much does your current contractor want to replace that flashing? Can't be that much
quote:
I asked that they send me a check so that I can pay my contractor to complete the work that they got paid to do, but failed to do
Is never going to happen and even if he did give you a credit (he won't) it would be pennies on the dollar of what your current contractor can do it for.
Also like Stout said you'll need to be over $20k to file with the contractor's licensing board and your only other option is to sue (which for this seems like a big $$ risk).
How much does your current contractor want to replace that flashing? Can't be that much
This post was edited on 10/27/17 at 8:34 am
Posted on 10/27/17 at 8:35 am to Graton
Not being a dick but I think you going about it the wrong way.
Posted on 10/27/17 at 8:35 am to Graton
Do you have a copy of the contract between you and the roofer? Does that contract specify replacement of the flashing? If it does then you have every right to demand that he come out and finish the work that was agreed upon in the contract and he was paid for. If the flashing isn't in the contract with the roofer, you fricked.
Posted on 10/27/17 at 8:42 am to Graton
How about just calling the guy and explaining the situation and give him the opportunity to fix it?
Posted on 10/27/17 at 8:55 am to Graton
Who installed your roof?
Posted on 10/27/17 at 10:15 am to Graton
quote:
Am I being a dick about this?
Not at all, but you may want to give them the option to replace it, giving them the benefit of the doubt that it was an oversight on their part, or pay the new contractor to do so. It is under warranty by law as well, and obviously missed under the scope of work in the estimate, so you’re clearly in the right here.
Thing about insurance contractors is if you call the insurance company and file a complaint that they did not do what was on their work order to do, the insurance company will hold their feet to the fire over it, and if they’re still getting work from said insurance company, they’ll get on that, and you should be able to get this resolved pretty quick. Additionally, many hold retainers on contractors, and may be able to pay the new contractor out of that retainer if they have one on them. It’s worth a look see.
This post was edited on 10/27/17 at 10:20 am
Posted on 10/27/17 at 10:28 am to Graton
First, the insurance estimate doesn't mean anything unless your contract with the original contractor tied him to the insurance estimate somehow.
(I'm assuming you contracted with the original roofer.)
Second, if it did then the original roofer was contracted to replace the flashing and did not do it. In that case, he should have been given the opportunity to return and finish the job. Did you give him this opportunity?
If you did give him the opportunity to come back and you have proof that you did, then you had no alternative but to hire someone else to do the work. Of course you owe the second contractor no matter what. You have a claim against the first guy for the amount you pay the second guy.
If you never gave the first guy a chance to come back, it's problematic for you. Sure he should have finished, but he should have been given a chance to do the work. His cost is probably less than what you paid the second guy who is making a profit.
You could call the second guy and try and negotiate a settlement but if you can't, you still have a claim.
(I'm assuming you contracted with the original roofer.)
Second, if it did then the original roofer was contracted to replace the flashing and did not do it. In that case, he should have been given the opportunity to return and finish the job. Did you give him this opportunity?
If you did give him the opportunity to come back and you have proof that you did, then you had no alternative but to hire someone else to do the work. Of course you owe the second contractor no matter what. You have a claim against the first guy for the amount you pay the second guy.
If you never gave the first guy a chance to come back, it's problematic for you. Sure he should have finished, but he should have been given a chance to do the work. His cost is probably less than what you paid the second guy who is making a profit.
You could call the second guy and try and negotiate a settlement but if you can't, you still have a claim.
Posted on 10/27/17 at 10:29 am to Graton
Have your attorney write a letter of demand for payment with payment due in 15 days.
If he does not take him to small claims court
Report him to Better Business Bureau
Report him to State Contractors Association
Report him to State Attorney General and State Commish of Insurance
If he does not take him to small claims court
Report him to Better Business Bureau
Report him to State Contractors Association
Report him to State Attorney General and State Commish of Insurance
Posted on 10/27/17 at 10:34 am to Graton
Haha you used that hail damage scam roofing company from the radio commercials and expected good results?
Cmon son
Cmon son
Posted on 10/27/17 at 10:37 am to Graton
quote:
Roofers didn't do what the insurance company paid them to do
you are mixing up your facts and need to change your state of thinking.
your insurance co didn't hire the roofer, they never do. they withheld your RCB's until you had replaced what they were paying for, in this case your roof. your RCB payment was made directly to the roofer b/c that is who YOU hired to perform the work
Posted on 10/31/17 at 8:20 pm to Graton
I know this is a tough lesson. but the next time you need a contractor come here first, get recommendations and then check their references
Lots of reputable roofers around
Lots of reputable roofers around
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