North Carolina  |  Construction Law

Legal Question

Asked on: 5/31/13, 6:44 pm

Can I sue a contractor for roofing my house in a color that I didn't approve of?

I am a paraplegic who used to be a building contractor, disabled income is a small social security check. I have my house in son's name but retained a life estate that allows me total control of house even up to selling if I wish. My roof started leaking because it was worn out and my mom said she would pay to get a new roof put on. The contractor showed up and started replacing the roof. I had never saw a shingle sample of colors. I thought he had took a tab off my roof to get a match. When they got to the front I saw that the shingle color was a total mismatch and talked to him. He said it would cost him money to take shingles to change. I told him I would take them and it wouldn't cost him a dime. He just kept putting them on. I told him he could leave the ones on the back of the house

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Answered on: 6/01/13, 4:48 am by John Kirby

It would seem that you could sue this contractor, possibly for a full refund. It seems that he did the work contrary to your express instructions. You could even argue that he trespassed on your property, as arguably your invitation to him to remain on your property expired when he refused to do the work as you requested. Of course, suing the contractor always raises complications, including whether any judgment could be collected. You might want to consult with a lawyer in your area for more guidance.


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Law Offices of John M. Kirby 2501 Blue Ridge Road, Suite 250 Raleigh, NC 27607-6479

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Answered on: 6/01/13, 8:33 am by John O'Neal

A few questions arise from your facts...did you give the contractor authorization to do the roof work? And, if so, did the two of you discuss and agree on color of shingles, scope of the work to be completed, and an estimated price---among other terms? You probably can sue the contractor but you would do well to consult a lawyer for a deeper look at the facts of the situation and review as to your prospects for success and recovery of any judgment you may receive.


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O'Neal Law Office 7 Battleground Court, Suite 212 Greensboro, NC 27408

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