Do we have to pay roofing co remainder of money based on the fact that they did not do the job correctlyand it failed inspection?

UPDATED: Jan 5, 2012

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Do we have to pay roofing co remainder of money based on the fact that they did not do the job correctlyand it failed inspection?

We just had a new roof put on our house. The roofing company did not pull a permit so the city would not inspect. We hired a third party company to inspect the roof which did not pass by any means. I know we need to give them an opportunity to make good on the repair but do we have to pay them the remainder of the money from our insurance company; $400 was deducted from the insurance check to pay the inspector and we will also deduct another $400 for his re-inspection. He also said the entire roof needed to be redone not just random shingles. It is a mess. Do we have to pay roofing company the remainder of the money based on the fact that they did not do the job correctly from start to finish?

Asked on January 5, 2012 under Business Law, Texas


William Price / Growthlaw

Answered 11 years ago | Contributor

There is an implicit guarantee of workmanship in all contracts for construction work. Evidence of same could contest liens, and could get you a recovery against them in court. You may want to hire an experienced construction lawyer and a reasonable estimator (or to get bids from replacement work vendors, showing what they didn't do and what needs to be repaired and what it will cost) to prepare a claim letter, and/or to prepare appropriate litigation against the roofer.

That said, remember that a mechanic's lien carries interest if not paid, that lawyers cost money that can't be recovered unless you win after litigation that could take a fair amount of money and time, and that minor repairs are therefore more worth doing than litigating. Would suggest you check the costs of redoing the work, make sure all liens are off your property from this roofer, and then either negotiate to get liens off and to get at least the cost of your repairs, or that you consider litigation against the contractor, if the costs of repair resulting from the defective work are high enough to make litigation costs reasonable, by comparison. 


Hope this helps,

Bill Price

William A. Price, Attorney at Law

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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