Any lawyers want to settle a "discussion?"

[Nancyg56]

Several months ago we hired a contractor to fix a leak that was an ongoing problem. We have a metal roof and a field stone chimney, so the flashing is a bit complicated. Several contractors had worked on the seals and flashing but to no avail. My DH could not follow the leak to see exactly where it began, but we could see where it was leaking.

A contractor came out and DH took him up into the attic to see the track, as well as the roof, told him that the flashing had been addressed several times. The guy said he had some heat caulking stuff that would flow down and seal the problem areas that the field stones made. He gave us a 3 year warrantee.

You guessed it. It is still leaking. DH called him several times and he did come back, messed around a bit, but it is still leaking. he then told DH it is costing him money to come back, so I called and spoke to the owner. Well, so far, nothing. The guy promises to come but there is a always a reason he does not. It is cold, so we understand safety on a metal roof.

DH is stinkin furious. He paid for a warrantee that specifies the leak was fixed. Here is where we part ways. I think that the guy needs to find the leak if he does not want to warrantee the flashing work. DH says, he never told the man it was chimney related, but showed him all of the problem, as he was not convinced the leak stemmed from the chimney but that it found its way there, so he feels he needs to come and fix it since he said he guaranteed for three years the work would seal the problem.

I want to walk away, DH says he will hire a lawyer he is so mad.

My question is with the info I shared, and knowing there is an invoice specifying the warrantee, can DH make this contractor honor the work?

 

[Queen of the WDW Scene]

I'm no lawyer but if there is a signed contract that guaranteed there would be no leaks for 3 years then I'd say there is a case to be made.

However if your DH is convinced its the chimney and this person says its not then I'd opt for a second opinion and get the job done right but someone else.

 

[usnuzuloose]

Several months ago we hired a contractor to fix a leak that was an ongoing problem. We have a metal roof and a field stone chimney, so the flashing is a bit complicated. Several contractors had worked on the seals and flashing but to no avail. My DH could not follow the leak to see exactly where it began, but we could see where it was leaking.

A contractor came out and DH took him up into the attic to see the track, as well as the roof, told him that the flashing had been addressed several times. The guy said he had some heat caulking stuff that would flow down and seal the problem areas that the field stones made. He gave us a 3 year warrantee.

You guessed it. It is still leaking. DH called him several times and he did come back, messed around a bit, but it is still leaking. he then told DH it is costing him money to come back, so I called and spoke to the owner. Well, so far, nothing. The guy promises to come but there is a always a reason he does not. It is cold, so we understand safety on a metal roof.

DH is stinkin furious. He paid for a warrantee that specifies the leak was fixed. Here is where we part ways. I think that the guy needs to find the leak if he does not want to warrantee the flashing work. DH says, he never told the man it was chimney related, but showed him all of the problem, as he was not convinced the leak stemmed from the chimney but that it found its way there, so he feels he needs to come and fix it since he said he guaranteed for three years the work would seal the problem.

I want to walk away, DH says he will hire a lawyer he is so mad.

My question is with the info I shared, and knowing there is an invoice specifying the warrantee, can DH make this contractor honor the work?

It never hurts to ask an attorney a question and see what he says about it. Is there any other clauses about warranty issues for him? Just see an attorney and see what he says cant hurt may give you some good advice

 

[Pea-n-Me]

What are the costs involved?

 

[tex1989]

Can talk to a lawyer but at the end of the day it is a small claims court issue so since the filing fees are small, I would just head there right awy. However any ruling does not mean you will get the money as many small claims court rulings go unpaid with little or no consiquinces.

 

[Nancyg56]

Thank you. I think DH has nothing, but he has the impression that a lawyer can make things right. It is an invoice with very little on it.

 

[Southernmiss]

After Katrina in 2005, we had some leaks in our roof. We thought our situation was not that bad so we hired a independent guy to come and fix the leaks. Worked for a few months. Then we had to do it again and again. And DH got on the roof and tried to find the leaks. We thought our problems wasn't that big of a deal--that was all the damage we had when others had significant damage and good regular roofers after Katrina were hard to come by because everyone needed them.

Because the leaks were in the garage and in a bedroom closet, we lived with them.

Fast forward 12 years later, we finally got a new roof. The leaks never could be completely fixed and found. We were told that our roof design is a bit complicated. The new roof and better shingles and new roof decking in some rough spots did the trick. Finding the right GOOD contractor made all the difference.

I think sometimes it is beyond what you think is a minor fix and might be a complete redo.


DH you tubed and learned how to redo the sheetrock in the garage himself.

 

[Wishing on a star]

Of course, I am not a lawyer, and nor do I play one on TV.
But I will throw in my thoughts.
Do you any of that '/waranty/guarantee' in writing?
I can understand your husband being upset and angry...
But, two things come to mind.

It doesn't sound like you have much in writing...
And, as the post above mentions... If this problem is THAT complex and deos require some significant replacement... then I really don't think that any warranty on that 'hope to repair', would go as far as to cover a replacement of that roof, or large section of roof.

Here are my thoughts... call out a truly reputable roofing company, that includes full insurance on work, workers, materials, workmanship, and guaranty.
If they find that the problem is fixable, and can correct it.
Or, if they find that this whole section of roof needs replaced...
THEN I think you would have cause to demand a full and instant refund of what you have paid for that repair that did not work.
NOT CONTINUED VISITS WITH SOMEBODY WHO HAS NO TRACK RECORD.
NOT CONTINUED REQUESTS TO SOMEBODY WHO HAS STATED THAT 'IT COST MONEY' TO COMOE OUT, AND IS BASICALLY REFUSING.

This is where Small Claims Court, Better Business Bureau, Trade Organizations, and perhaps your local 'On Your Side' television consumer affairs advocate might help you.

 

[Wishing on a star]

I will add a third thought....
Yes, perhaps a lawyer can make things right... But, lawyers can end up costing just as much as they benefit, too.
I wouldn't want to lawyer up until the roof issue has been resolved, and it has been established that the so-called repair, clearly, could not and did not take care of any leaks.

 

[SteveH]

I agree with several things that have been said here already.

The flashing your dealing with is a real pain, just filling it with goop isn't a long term solution.

How much did you spend? I don't think it's worth hiring a lawyer if its under $500, try small claims court instead. If you have a friend that is a lawyer pay them to write up a demand letter.

What do you have in writing? I hate to say it but if you don't have anything in writing your out of luck.

Is the contractor licensed and bonded? If so contact the agency that handles that and file a claim with them. If they are not, well strike 2.

I will not recommend the BBB, IMHO they are just an extortion game. As for the TV shows, a gimmick if you ask me its about their ratings not your protection, but if they take it on great. You'd be better off getting a banner printed up and standing in front of the business, on public sidewalk stating they did not honor their warranty. I've seen this get some action dealing with RVs.

 

[luvsJack]

So the guy coming out works for someone else? I would only deal with the owner of the company. And I would remind him that you have an invoice guaranteeing the work. The owner needs to be the one to come out and look at it.

 

[starry_solo]

I think the term is warranty, but I would look at what the invoice says. Was the guarantee in writing?

 

[Nancyg56]

So the guy coming out works for someone else? I would only deal with the owner of the company. And I would remind him that you have an invoice guaranteeing the work. The owner needs to be the one to come out and look at it.

I called the owner becuase I was pretty angry with the blasé attitude of his partner. The company is licensed.

I firmly believe that the invoice we have is not a contract to fix the entire roof if the leak is not in the flashing, however I am pretty upset that the contractor was not interested in anything but the flashing, which was the likely answer.

He is coming tomorrow so we wil see.

 

[Nancyg56]

I think the term is warranty, but I would look at what the invoice says. Was the guarantee in writing?

Yes

 

[tarheelmjfan]

I called the owner becuase I was pretty angry with the blasé attitude of his partner. The company is licensed.

I firmly believe that the invoice we have is not a contract to fix the entire roof if the leak is not in the flashing, however I am pretty upset that the contractor was not interested in anything but the flashing, which was the likely answer.

He is coming tomorrow so we wil see.

I can't tell from what you've posted. Have the contractors checked the entire roof for leaks or are they targeting an area your DH thinks the leak is coming from? That could make a difference.

 

[ronandannette]

Honestly, I don't think this particular contractor solved your problem in the first place, let alone is able to warranty the workmanship. Rather than suing him I'd probably try asking for my money back.

I'm in residential construction and I've though quite a bit about the issue you've got and I really can't think of a 100% permanent way to resolve it, if in fact the leak is coming in around your chimney because there's gapping due to the round shape of the stones. A poster upthread suggested that may actually NOT be the source of the leak and that's a good point. I'd suggest you spend the money to have a qualified home inspector poke around until you are satisfied you've really found the source. You'd be surprised where water ends up compared to where it comes in sometimes. If indeed it is around the chimney, consider removing enough stone to leave a flat surface abutting the roofing material. Then flashing can be properly lapped and caulked and maybe your problem goes away. (Whoever installed the metal roofing for you totally should have done that in the first place. )

 

[Nancyg56]

Honestly, I don't think this particular contractor solved your problem in the first place, let alone is able to warranty the workmanship. Rather than suing him I'd probably try asking for my money back.

I'm in residential construction and I've though quite a bit about the issue you've got and I really can't think of a 100% permanent way to resolve it, if in fact the leak is coming in around your chimney because there's gapping due to the round shape of the stones. A poster upthread suggested that may actually NOT be the source of the leak and that's a good point. I'd suggest you spend the money to have a qualified home inspector poke around until you are satisfied you've really found the source. You'd be surprised where water ends up compared to where it comes in sometimes. If indeed it is around the chimney, consider removing enough stone to leave a flat surface abutting the roofing material. Then flashing can be properly lapped and caulked and maybe your problem goes away. (Whoever installed the metal roofing for you totally should have done that in the first place. )

The roof is 15 years old and we now know that the flashing might not have been done properly in the first place. We have had 5 contractors come to fix the leak, and not once has my husband directed them to the chimney, but because the water drips down in that area, that is where they go. It actuallly was a problem at first, however the fix did nto resolve the leak. One of my clients (a general contractor) came twice and he was going to start taking the roof panels off next, but is no longer able to do so. He has moved on, but he knew of no contractor in our area who could fix this. I also called another client of mine and was told the same thing. NO one in our area does this.

This last time Buddy made sure that he told the contraction that the flashing was resealed. Actually, the contractor before this one cut the stone to get a "straight" seal. I honestly do not know what that is called, but Buddy said he was up there for a long time. I have called every roofer in thei area I think, and while they install, they do not repair. My husband thinks that sheets of metal need to be removed, but none of he contractors seem to want to do this.

This has gone on for two years. We spent a fortune on our renovation, from 10 inch custom cut flooring to cedar ceilings, and so we have been trying desparately to get this roof issue fixed. This contractor is from downstate and I guess he is coming today to get to the bottom of it. He had told me he specialized in metal roofs and he had decent reviews, so I figured he would look past that darn chimney. I may be here when he arrives so my thiought is that if he cannto fix this i plan to ask for our money back. I don't think I should have paid to repair what was not broken, and since my husband did tell him originally that he felt that the water was running from above the chimney it woudl have been nice if he looked past the obvious.

 

[Nancyg56]

Of course, I am not a lawyer, and nor do I play one on TV.
But I will throw in my thoughts.
Do you any of that '/waranty/guarantee' in writing?
I can understand your husband being upset and angry...
But, two things come to mind.

It doesn't sound like you have much in writing...
And, as the post above mentions... If this problem is THAT complex and deos require some significant replacement... then I really don't think that any warranty on that 'hope to repair', would go as far as to cover a replacement of that roof, or large section of roof.

Here are my thoughts... call out a truly reputable roofing company, that includes full insurance on work, workers, materials, workmanship, and guaranty.
If they find that the problem is fixable, and can correct it.
Or, if they find that this whole section of roof needs replaced...
THEN I think you would have cause to demand a full and instant refund of what you have paid for that repair that did not work.
NOT CONTINUED VISITS WITH SOMEBODY WHO HAS NO TRACK RECORD.
NOT CONTINUED REQUESTS TO SOMEBODY WHO HAS STATED THAT 'IT COST MONEY' TO COMOE OUT, AND IS BASICALLY REFUSING.

This is where Small Claims Court, Better Business Bureau, Trade Organizations, and perhaps your local 'On Your Side' television consumer affairs advocate might help you.

I agree with you WOAS. I wanted to just let the whole thing go. FWIW< this contractor is fully licensed and insured. He is a roofer, and the company is of decent size. Metal roofs are still somewhat rare in our area, so that is the problem. I have called companies that install them, but they do not repair existing roofs.

I am ready to call my insurance company and see if they can assist. We discovered the leak when we saw the discoloration on our bathroom ceiling. I wonder if they can find a contractor who will repair this before more damage occurs.

 

[Nancyg56]

I can't tell from what you've posted. Have the contractors checked the entire roof for leaks or are they targeting an area your DH thinks the leak is coming from? That could make a difference.

No. The only one who did is my client who did repair the flashing for us in the first place. He had told my DH that if the leak was still there, then the next step would not be fun, but would entail pulling panels up. He also was not at all impressed with the original installation, but that is water under the dam. I am glad my friend has a wonderful new position that took him out of his business, but boy! I sure wish we had been able to get this fixed while he was here!

 

[ronandannette]

I agree with you WOAS. I wanted to just let the whole thing go. FWIW< this contractor is fully licensed and insured. He is a roofer, and the company is of decent size. Metal roofs are still somewhat rare in our area, so that is the problem. I have called companies that install them, but they do not repair existing roofs.

I am ready to call my insurance company and see if they can assist. We discovered the leak when we saw the discoloration on our bathroom ceiling. I wonder if they can find a contractor who will repair this before more damage occurs.

This was going to be my next suggestion.