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Roof leaking, best approach to the contractor who didn't fix it?

 
 
Yannc
 
Reply Mon 24 Jun, 2019 08:41 am
I paid a fairly significant fee to a roofer to re-roof part of the roof because it was leaking whenever there was snow accumulation. He told me where it was leaking, showed me what he was going to do to fix it, and then redid the roof.

then it snowed. It leaked. They came out and heated the roof indicating that the problem was adhesion of the ice and water barrier. Next snow. It leaked again. They came out and "fixed" the flashing. Next snow, it's leaking like crazy. Three snows, three leaks, and the plaster is cracking and getting soggy. I'm pissed.

What's the best approach? They're supposed to come out tomorrow and look at it again. Do I approach it with "my wife and I are both attorneys and plan to sue you if it isn't fixed now" or "I want a full refund as there is no change in the problem from before" or find another roofer and sue the first for damages?

I'm beyond angry. Really. Beyond. Angry!
 
jespah
 
  3  
Reply Mon 24 Jun, 2019 08:52 am
@Yannc,
Try the refund first. Did you pay with a credit card (even if it was just the deposit)? You may be able to rope Visa or the like into the dispute. Major credit card companies may offer some protection -- you may need to call the credit card company or really, really scour their website.

Getting a refund is always cheaper than suing. If they don't give it to you in a week, go to their place of business and ask for it there (ask nicely, don't be a jerk; you don't want to get hauled out of there by the cops). It's best if you're there when they have other customers. They really, really don't want you blabbing to their other customers how badly they screwed up.

Don't leave without a check. As in a check, not a credit.

No $ a week after that? Then start setting a lawsuit in motion.

And I don't have to tell you that a lawyer who represents him/herself has a fool for a client. Throw some business to a junior member of your firm and have them handle things from that point on. But first, try one last time to get a refund. As you undoubtedly know, it'll look better in court if you did everything you could to avoid suit until they absolutely tipped your hand.
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