What can be done about getting money back for work done incorrectly/not done at all?

UPDATED: Aug 12, 2011

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What can be done about getting money back for work done incorrectly/not done at all?

I hired a roofer to do specific work based on a home inspector’s report. It turns out that the work was 1) not done correctly and 2) some work was not done at all. This is per another roofer’s photographs and written comments about what still needs to be done to the roof. I asked the roofer who did the work for a reimbursement. He agreed (in writing) to a partial reimbursement, but since then I have not received any money (in the mail as he stated) and he has ceased all communication.

Asked on August 12, 2011 Texas


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

Answered 11 years ago | Contributor

You could sue the first roofer for breach of contract for the work that was not done correctly, the work that was not done at all and for failure to pay the agreed upon reimbursement.

Your damages (the amount you are seeking to recover in your lawsuit for breach of contract) would include the amount of the agreed upon reimbursement and the cost you have incurred by having the second roofer complete the work.  If the second roofer is charging more than the first roofer, you could recover the difference in price.    Your damages should also include compensation for any adverse consequences resulting from the delay in completing the project because pf having to hire a second roofer.  You are still required to mitigate (minimize) damages or your damages will be reduced accordingly.  For example, if the second roofer's charges are not comparable to other roofers in the area, your damages would be reduced because you could have selected a less expensive competent second roofer.  This may not be applicable in your situation.  I am just using it as an example of mitigating damages.

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