Contract paid-what now

I had my flat roof resurfaced Oct 2009. Long story short…I paid in three installments, paid contract in full day of completion. Then shortly thereafter, the roofer decided to give me an additional bill for wood claiming his company put more wood on my roof in addition to the contract.

I was at home the day they were here, counted the amount of wood that they brought on the truck (10 sheets of 10 feet each), was up and down the roof several times, etc. Even my neighbor whose house faces my property watched the project being done with me.

The roofer is telling me that they put on an additional 150 feet of wood besides the 10 sheets I originally counted (which was in the original contract). I know for a fact, being here all day, that no truck delivered an additional 150 feet of wood.

We have been disputing this so called balance on my account - again, the original contract was paid in full. Now, my roof is leaking into my home, closet, bedroom and more. I called the company immediately and they said the warranty is not valid because of my open balance! I of course explained I did not have an open balance, etc. and the company is refusing to fix the roof.

I had a private inspection company come out and tell me, in writing, that it is the flat roof that is leaking and the job was not done correctly. The owner of the hired roofing company came out as well and agreed this job was not done correctly, however, refuses to fix it until I pay my open balance. There was no change in my contract, the foreman didnt even discuss with me any additional materials needed- and most importantly, I was home all day and no additional wood was put in my house!

I would like to know from all of you - what are my options here? Does anybody know the law of the warranty? This roofer says he doesnt have to live up to the warranty that is within the contract because I have open balance. Again, contract paid in full… Any help would be appreciated.

Roofer is licensed, insured and been in business long time by the way…

Sounds like you are going to end up suing him. Make sure you take photographs of the damage, and document all your calls, conversations, etc.; including date, time, and who you spoke with.

In the meantime, I would call out the roofing company and tell them to come fix my roof. If they say no, because you have an open balance, ask them to show you the signed Change Order authorizing the additional work. But to be fair, tell them you will give them the opportunity to prove they installed an extra 150 feet of wood; they can show it to you when they are out to fix the roof.

If they balk, then you should file a BBB complaint against them, and then sue them for a properly installed new roof, interior damages, and attorney fees. Don’t tell them you are going to do this, just do it if they don’t cooperate. If you tell them you are going to sue them, they will become more combative. The first letter from your attorney will either get them moving, or the courts will.

doesn’t sound good to me! Just makes sense in my opinion that you would tell him “fix my roof satisfactorily and ill pay the difference (maybe)”. how much is he trying to charge you extra and what does your contract say?

I would also ask for reciept for extra wood from supplier.

how much extra is he attempting to charge you?

I don’t know what your contract said, but I think Cerberus is on the right track with demanding the contractor to present a signed change order. In many cases circumstances arise where additional items are necessary in the course of a project, but unless it is agreed to by both parties there is nothing to recoup (by the contractor), and if it isn’t in writing it didn’t happen.
IMHO, a receipt for wood proves nothing. The outfit bought wood, so what? That proves it is on your roof?
Again, I don’t know what your contract says, but it sounds like you’ll have to start busting heads (figuratively) to get something done. Hardball is not fun for anyone involved, but depending on the terms of your contract you may tell the contractor to get his butt out there to fix it before HE pays for somebody that will.
And get the warranty.

[quote=“Rosco”] a receipt for wood proves nothing. The outfit bought wood, so what? That proves it is on your roof?
[/quote]

our the dates the same as when getting roof done.where they delivered by suppliers on this date? but like its been said,if it aint in writing…

[quote=“Rosco”]I don’t know what your contract said, but I think Cerberus is on the right track with demanding the contractor to present a signed change order. In many cases circumstances arise where additional items are necessary in the course of a project, but unless it is agreed to by both parties there is nothing to recoup (by the contractor), and if it isn’t in writing it didn’t happen.
IMHO, a receipt for wood proves nothing. The outfit bought wood, so what? That proves it is on your roof?
Again, I don’t know what your contract says, but it sounds like you’ll have to start busting heads (figuratively) to get something done. Hardball is not fun for anyone involved, but depending on the terms of your contract you may tell the contractor to get his butt out there to fix it before HE pays for somebody that will.
And get the warranty.[/quote]

Also, if you got a manufacturer’s warranty (which I doubt, since it is a residence), you can always call them direct about the roof leaks.

Also, keep track of your time dealing with this mess. If you go to court and sue the roofer, you will want to be reimbursed for your time and any out of pocket expenses. And if the roofer wants to play hardball, I would also become less agreeable to compromise once you start holding their feet to the flame. If the roof was installed incorrectly as you say, I’d be pushing for a new roof when all was said and done. Then again, I can be a real SOB when I have to be.