Do we have to stay with our roofer if he can’t provide Information requested by our mortgage company?

UPDATED: Oct 1, 2022

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Do we have to stay with our roofer if he can’t provide Information requested by our mortgage company?

We were hiring a roofer to fix our roof. He did help us a lot with our insurance

company and claim, but when the check was cut and sent to our mortgage company for endorsement and disbursement he couldn’t provide the necessary paperwork, credentials and information requested. He drug along and said it took time but never told us that he didn’t have the credentials. He actually needed to purchase insurance required but told us that he was fully insured. We did sign an agreement the he had stating everything he would do for us, however it was his lack of credentials that kept the mortgage company from releasing the funds. We decided we needed to move on to a company that did have what the mortgage company required but when we told him

he threatened to sue us for breach of contract and wants $2500 for services and time for phone calls he made. He never started anything on our house. Not one nail. Not one shingle. Do we have a leg to stand on in court?

Asked on July 7, 2018 under Employment Labor Law, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can hire another roofer.
You can sue the first roofer for breach of contract and fraud.
Breach of contract is for failure to do the work. Fraud is for misrepresentation of his credentials and not having the required insurance while falsely claiming that he had insurance.

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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