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

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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

Answers:

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

Answered 3 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.


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