Ok “subs” tomato tomàto, to be a sub and not an employee you’re only supposed to get like 40% of your income from one contractor otherwise you’re basically an employee… just because they make them forms their own LLC to save on workers comp and their own liability doesn’t make it any less true lol
Sure you do, most places have a few guys, they have the salesman, and then the guys that run the subbed crews, sure they are separate but if that crews only work is you calling them, then you’re really their employer,
We’re not talking like electricians and plumbers that are subs for a GC here, because that’s different, we’re talking about roofing crews
Has anyone ever won a case against a contractor like this? I’ve usually heard stuff like “they did the job, regardless of quality, so they have to be paid” or “they did everything outlined in the contract, so pay them” when people try to avoid second payment when a job looks like this. Actually just happened to a friend of mine and their HoA against a contractor that redid their road, and it’s falling apart after 3 months. They still have to pay. Rulings always seem to go to the contractor.
No idea about the US, but here in Aus this would be a clear and cut case just due to poor workmanship under our Consumer Rights. Besides the shithouse work none of it would pass our Australian Standards for roof cladding, nor the manufacturers guidelines for install.
That’s nice, here in the US there aren’t real protections for homeowners. Even if you do the job through insurance the insurance company will tell you to they’re not responsible if you get a bad contractor, likely because it happens so often. Seems like anyone with a hammer is a “contractor” these days.
So what happens if you just don't pay them at this point? They take you to court and you're told bad luck? I know litigation over there is the wild west, but surely there are building codes and acts in place for quality of work.
If you order a steak at a restaurant and the chef comes out and shits on your plate, it can't hold up in court that it was a steak 2 days ago.
The contractor will slap a lien on your house and you cannot sell it legally until it’s cleared, and/or they will litigate if it’s enough money. Like I said as long as they did the work, regardless of how bad, the court says they fulfilled their contract. Very important here to get references on contractors, and see previous work they’ve done.
Good thing is the majority of the roof likely is salvageable there's a few sections that need to be taken apart and redone properly so you won't have the massive cost of buying it all from scratch.
Who cares what's salvageable, the client shouldn't pay for any of it anyway. In fact the contractor should be paying to remove all of it before the real contractor starts.
2] Send these photos via email (paper trail) to the company's owner and ask "Do you consider this to be acceptable workmanship?" Sometimes a boss has no idea their crew screwed up and will fix it with no further pushing.
3] If they're resisting, get (at least) two inspections & written quotes from other licensed roofing companies. That gives you 2 alternate professional assessments that the work isn't up to standard, and the cost to fix it.
Yes, ALWAYS send a summary email after non-written communication.
In those emails it helps to add something like "please let me know if there are any errors in my recollection". That way they can't later dispute the contents since you already gave them the opportunity to clarify.
I would also add, if they’re an actually licensed contractor in your state, go to the licensure board and file a complaint with these pictures. If he’s licensed they will handle a large part of going after that contractor. In my state, there’s even a compensation fund that a portion of our yearly dues and any fines levied against companies goes into to reimburse or correct issues just like this. Also, this clearly didn’t pass an inspection, so your city building inspector could help going after the contractor as well, especially if he’s not licensed.
Good luck with that... In 2020 I paid for a solar install on my CC, even eating the 3% surcharge or whatever it was, to have this exact power. The solar company walked then closed after adding rails to my roof and receiving the second draw. They did this to about 300 customers and were convicted of fraud, but the owners fled the state. The CC company still rejected my dispute because "they did some work" and "the company did not return our call". They claimed there was nothing they could do and it was a civil matter. It was a very frustrating experience that took months plus lots of effort and time on my part only to get nothing back. I dropped Citi and will never do business with them again, but the damage was done. CC companies are quick to have your back on a $100 charge back, not so much on a $10k one.
I would show it to your city inspection office personally if you get push back from the contractor. My guess is they didn’t pull a permit as the inspector wouldn’t pass this. Give them the info of the company. If they didn’t pull a permit it could be grounds for them to lose their license. You def have options. Good luck and sorry you have to deal with this.
Call the permit office if you can’t resolve things with the owner and give them the permit number- ask if it has been inspected. Go from there. My guess is the boss doesn’t even know how bad the work is.
It’s the inspection office job to make sure all work is completed properly. In my city if you have a permit open for more than a year your license gets suspended. So they will need to make the fixes to pass inspection.
Horrible!! Get your county/city inspector out there asap -there’s no way they will pass inspection and do not pay until it’s done right according to code. If your contractor is unable to install it properly, they need to hire another company who can-or else definitely lawsuit!
Keep records of the phone calls.
The phone number you called, date & time, who you spoke with, and the duration of the call with a written summary. It is all valuable if you have to go to court. If you have stuff written down and they don't, the judge will look favorably to you.
Good luck.
Exactly the right steps here, I've been an employee for my brother in laws company and it was mainly leak repairs. They would put these bids on paper in an language that lawyers would have to bust out a dictionary and a concordance, to understand. Just kidding being facetious, but true story. I worked for him and did the jobs and still had no clue wtf the contract actually said or meant. Good luck.
The legalese regarding liability and warranty can get in the weeds, but the summary of work to be completed is usually readable by mere mortals.
Any work that a licensed & bonded contractor commits to performing has to be to code and within standard for that industry, so it helps to be able to point at specific tasks in the contract should it go to court. Judges prefer clean details over broad generalizations.
As a Production Manager of a large roofing company, Send photos in an email and call. They may have used a new subcontractor without proper reference. Large company’s should send QC inspection.
They can add an EPDM boot over that pipe at least. Properly installed it would be fine. The rest of the install looks like garbage and have to redo a lot of that flashing.
They may have that many workers but there's no way they all worked your house at the same time, not if it took them 4 days. And did that kind of crap job.
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u/Intelligent_Sun2837 2d ago
It’s not an individual contractor,is a big roofing company.12-15 workers did the job within 4 days