I paid $48K for a Grand Manor roof to The Roofing Company. Roof looks good, however, head of employee brought trailer onto circular driveway and caused pavers to separate. Owner of company said he would send his own contractor to quote repairs. When he and I got quote back it was $26K. He called me and told me that it was "egregious" and would not pay it. He wanted to send others out for quotes and I refused and got my own. My quotes range from $35K to 3K. Fortunately, when his employee came for a final. check. I required that 3K be held back and that he delivers me a signed, notarized, contract adendum that 3K was held back as we could not agree to cost of repair. I was State Farm agent 42 yrs in Indianapolis and knew that roofers are not liable in some instances, however in this case he is due to fact that his employee failed to use 3/4 inch plywood or 1inch plastic sheets to protect pavers that were separated. I failed to have him release lien and now am faced with small claims court. I will first try with Better Business Bureau. Looking for any ideas you might have. Thanks, Jerry Ortner
Hello,
Couple of things here. First, based SOLELY on the facts here and not knowing anything else, part of your defense in small claims court should include the damage that was done to your property. Use his guy's quote for added effect. Withholding $3k seems reasonable in that scenario. Second, make sure they aren't trying to enforce a lien in small claims court. JP courts lack jurisdiction to hear causes of action relating to lien enforcement. They can, however, hear breach of contract cases if that is all that is being brought to the judge.
Also, consider suing him for the damage done to your pavement. The amount of money you are are requesting far exceeds the amount of money you held back so that should shut him up in a quick second. You will need to be in County or District court, though.
Let me know if this helps or if we can help you with the litigation.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
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