If my property sustained major damages because of botched roofing job, what are my rights?

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If my property sustained major damages because of botched roofing job, what are my rights?

The construction company, contractor that I hired to repair my roof, was unable to finish the job in one day, they covered the unfinished area, approximately 1/2 of my roof with a tarp that was blown up later during the night’s rainstorm. I sustained thousands of dollars of damage to 3 rooms in my house as well as the basement ceiling. The contractor said they’d repair the damages as no cost to me after finishing the roof; however, 3 months later, there is still shingle debris in my yard and the rooms in my home are still damaged. There has been no effort to repair anything. The contractor is trying to avoid repairing the damage. What can I do? 

Asked on September 24, 2010 under General Practice, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You could look into bringing a lawsuit against the contractor. If the contractor was negligent--e.g. careless in how they covered the unfinished area--and/or violated a contract or agreement--e.g. an agreemnent that they would repair the damages at no cost, presumably in exchange for you not suing them--you may be able to now bring a lawsuit on either tort (negligence) and/or breach of contract grounds. On the facts you state, it would be worthwhile consulting with an attorney, who can evaluate the situation in depth and let you know if you do have a claim, what it might be worth, how long you have to pursue it (there's a time limit on how long to sue) and what  it might cost to pursue, so you can make a decision as to what to do. Good luck.


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