Roofer liability – Legal Advice Needed

[getchasum]

I’ve got a some questions about liability when it comes to neglect on the part of a licensed contractor. I recently had the shingles replace on my house and my cover front porch has ¾ inch thick, 8” wide tongue & groove natural (yellow pine - Log Home). The roofer used 1” roofing nails and needless to say they came through the ¾ inch boards, busting lots of the wood. The wood has a patina to it due to its age, so matching just what is busted is going to be impossible. My thoughts are the shingles are going to have to come off and all the tongue & groove replaced, then replace with NEW shingles and felt.

Am I being unreasonable?

What legal directions should I take 1st? I was hoping there may be an attorney on the board that could give me some direction and advice. The estimated cost of repairs will be around $3000.

The contractor was paid pior to discovering the damage....:frown:

 

[ZNix]

If the contractor knew about the thickness of the board, he should have known it was going to happen. He should have suggested that you lay another thickness of tongue and groove down so that it would not shoot through (assuming he used a nail gun to do this). Nail guns usually run a 1"-1 1/4".

 

[injdinjn]

I'm betting all he will do is offer to trim the nails if they are in a visible location. In a closed attic, BFD.

The roofer that did my place did the same thing and all the did was trim the nails in the eave area. I hadn't paid all so he got a letter and 75%. Some places the staples knocked out ~3inches of wood.

 

[getchasum]

I'm betting all he will do is offer to trim the nails if they are in a visible location. In a closed attic, BFD.

The roofer that did my place did the same thing and all the did was trim the nails in the eave area. I hadn't paid all so he got a letter and 75%. Some places the staples knocked out ~3inches of wood.

Standing on my porch you can see all the cosmetic damage. Plus with the tongue & groove all busted up, the structural integrity of the shingle remaining in place has to be in question.

 

[Brad Conley]

Does he have insurance? You did get a Certificate of Insurance from him before he started, right? If not, you'll never get his insurance information now short of hiring an attorney.

 

[hungerbuhler1]

I am a roofing contractor here in Florida. If something like this happened i would do whatever it took to fix it even though i have never done that. Although some of the codes here say nail has to pass through wood 7/16". So it can go both ways here but our codes are much more strict. Like said above they should have nailed 1/2" plywood over t&g or used 3/4" gun nails.




Just spray popcorn over it you will never notice

 

[hungerbuhler1]

Standing on my porch you can see all the cosmetic damage. Plus with the tongue & groove all busted up, the structural integrity of the shingle remaining in place has to be in question.

Integrity of shingles is fine. Its just cosmetic from underneath.

 

[getchasum]

Integrity of shingles is fine. Its just cosmetic from underneath.

No I don't think so. I took pictures tonight where I can see nails hanging down through a shingle not touching anything because it was nailed right at the joint of the tongue & groove and busted the wood out completly.

He was insured & licensed but I do not have his information.

 

[hungerbuhler1]

No I don't think so. I took pictures tonight where I can see nails hanging down through a shingle not touching anything because it was nailed right at the joint of the tongue & groove and busted the wood out completly.

He was insured & licensed but I do not have his information.

Yes if nails blew through shingles that is not right and installers should have seen that and corrected it. What is contractor saying? Is it just porch or inside also? Post pictures.

 

[Chuck Leeper]

if so..

No I don't think so. I took pictures tonight where I can see nails hanging down through a shingle not touching anything because it was nailed right at the joint of the tongue & groove and busted the wood out completly.

He was insured & licensed but I do not have his information.

Spend a few minutes, and call the local licensing dept..City, county, state???

License info is usually public information.

 

[EVIL]

you still haven't mentioned what his response is to this situation.

Talk to him first and see what he is willing to do.

Some contractors ( not all ) would be grateful at having a chance to fix a mistake rather than you calling an attorney or the local licensing dept. and costing him $$$

If he gives you the run around right away then full steam ahead with plan B.

 

[getchasum]

When speaking with him first he said he would stand behind it (no problems) and fix the mistake, now that I'm requesting all tongue & groove has to be replace, due to new boards not matching the existing ones (due to age & color) he said there's no way he can eat that cost. I don't care...it's his fault, that's what he does for a living so he should have been aware of what was going on.
I will get an attorney if needed. I'm not having my ceilings looking like a checkered board.

 

[EVIL]

Then if that is his response don't waste another minute. Start calling the proper channels. City Hall may be a god start with thr building department where he gets his license.

good luck

D

 

[Bruce Urie]

Then if that is his response don't waste another minute. Start calling the proper channels. City Hall may be a god start with thr building department where he gets his license.

good luck

D

I second EVIL's opinion.......the guy HAS to stand behind it and fix the problem or tell him you'll stand behind him with a .44 and fix the problem!

Bruce '87 Grand National

 

[626gn]

I'm not an attorney but have several years of working as a Project Manager for a construction consulting firm that handled all types of construction litigation claims.

Not being familiar with the laws in your particular State its a little difficult for me to know what avenues of recourse would work best in your situation. But the first step should always be to try and work it out with the other party and document the conversation(s), which by the sounds of it, has already been attempted. If the opposing party is not being responsive, chooses to ignore you, or both parties cannot agree to an amicable resolution then a formal written letter, sent via certified mail, should be sent to the opposing party. This letter should contain the nature of your complaint (try to leave emotions out), what your damages are, what your expectations are, and what further action you are prepared to take if you do not receive a written response within a reasonable time (usually 10 - 14 calendar days is standard).

Be specific when listing the further action you are willing to take. You may have to do some homework to see what avenues of recourse is available to you in your State, such as:

-Filing a claim with your States Licensing Dept. Most States have statutes pertaining to "Responsibility For Good Workmanship" or similar wording.

-Filing a claim with the Regulated Industries Complaint Office against the Contractors Recovery Fund (if applicable in your State).

-File a claim with the contractors bonding company.

-Filing a claim with the Better Business Bureau.

-Filing a lawsuit against the company (This should be last resort only because nobody wins in a small lawsuit like this, except the attorney's who charges $250 - $450 an hour depending on where you live. Cases like this will almost never make it in front of a judge. Most are settled out of court between the attorneys).

In some States, attorneys/judges prefer sending small cases like this one to mediation/arbitration in lieu of filing a full blown lawsuit. It's a lot cheaper as well.

Lastly, don't give empty threats. If he does not respond to your formal letter in the stated time, be prepared to move quickly with your available avenues of recourse listed in your letter.

Good luck. Sounds like you may have a solid case. If the contractor has an ounce of integrity this can, and should, be settled amicably provided all parties remain reasonable.

 

[chevyII]

If they nailed the shingles using an air gun I wouldnt hire him. I've just had my 8 year old roof replaced contractor used a nail gun, some areas the nails blew right threw the shingles. I wouldnt hire anyone who doesnt use a hammer period.

 

[getchasum]

He is not wanting to make it good.....

 

[626gn]

That's not an uncommon position to take this early in the game...Time to move forward with the formal letter and whatever other recourse available to you in your State. Keep the pressure on.

 

[Bruce Urie]

Man, those pictures are just horrible to look at....I can't believe that sap doesn't want to come through and make it right....so just listen to what 626gn suggests, as he makes a hell of a lot of common sense.

I feel by following his route will get you some satisfaction....just do not loose your cool, stay calm all through your dealings.....easier said than done, as you got "tooken" :frown: What a crappy thing to have to go through after spending all that money.

I, with a friend, years ago, built two houses in one year....we used tongue and groove for his living room ceiling....the rafters that the tongue and groove rested on was 16" on centers and I made sure, with a hammer, that I nailed down that rafter on a strike line perfectly straight and straight down...all 40 feet down a slope....not one nail was showing...the inside tongue and groove was beautiful....the secret was taking my time and appreciating my work and having pride in it....looks like this sap was just after a quick buck.

I sure hope it works out for you....I'm steamed about it, too. World is full of people who just don't care after they take your cash. You'll have to fight hard, go after him and DO NOT GIVE UP! You'll win, with this attitude.

Bruce '87 Grand National

 

[EVIL]

I've done many roofs using nail guns and have never had a problem. Setting the proper air pressure ensures that a good nailing job is done.

If you asked a roofer to not use a nail gun these days it would take 3 weeks to complete and cost 4 times the labor. It's just not going to happen.

Good luck with this.

D

If they nailed the shingles using an air gun I wouldnt hire him. I've just had my 8 year old roof replaced contractor used a nail gun, some areas the nails blew right threw the shingles. I wouldnt hire anyone who doesnt use a hammer period.