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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Shoddy Workmanship - Contract Resolution

    My question involves a consumer law issue in the State of: OKlahoma

    THE BAD NEWS
    Back In November I contracted with a local franchise to replace my hail damaged roof. The workmanship was very poor , the roof looked horrible and shingles are already blowing off in the wind. Before they were finished I expressed my concern with the quality and appearance with the supervisor who just turned around and walked away while I was talking. I ended up with a roof that looks like it was done by complete amateurs and a huge crack in the mortar joint of the brickface above my bay window.

    The GOOD NEWS

    I havent paid them one penny yet.

    Action taken so far:

    I have file a complaint with the local BBB and the national association of roofers. In my complaint I have asked for them to release me from any obligation to pay for the work done so far and to re-imburse me for repairing the cracked mortar joint and pushed in brickface.

    The Owner came out after the complaint and tried to BS me that they could fix it and that I had no choices and had to pay them immediately before they would attempt any repairs.

    The owner responded to the BBB case by stating he would get in touch with me to discuss replacing the roof and denying they caused the brick damage.

    I did not accept his resolution stating that my goal was to have another company replace the roof and have them re-imburse me for repairing the brick damage( approx $750.00)

    There has been no contact from them since that time and the BBB deadline for their response was about 18 days ago.

    I have about two dozen pictures of the shoddy workmanship and appearance of the roof.

    With the torrential rain and wild weather we receive in OK i am concerned that if i do not get fixed soon I will end up with more damage.


    QUESTION?

    If I just have another company repair/replace roof can the original roofer place a lien on my house?

    What is the best way to get this resolved expeditiously?

    The total amount is too high for small claims court, however the brick damage is not , should I file a separate small claims court suit for the brick damage?

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,656

    Default Re: Shoddy Workmanship - Contract Resolution

    If you can't work things out with the contractor, ideally before any lien is issued, consider this: Get the repairs and sue them in small claims court. They can, if they wish, countersue you for any money they claim to be owed; then the court will decide. But this way you get your roof and masonry fixed, you stand a good chance of recovering your damages, and once the court has ruled in your favor they would have no valid basis for filing or trying to collect on a lien.

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