Legal Question in Construction Law in Connecticut

I hired a roofing contractor to repair two leaks in our roof. I spoke with one salesman who said he wanted to do one thing. When I agreed to the work, the company sent out a new salesman who changed what was supposed to be done. Instead, he sold us gutters, a leaf guard, and roof repairs that didn't fix the problem. We did have a contract, and the roofers have been out numerous times since to try and fix the problems. However, now the general manager is claiming "they can't buy our leaks" even though they did when we signed the contract. The GM came over 2 weeks ago to look at the same leak we were having, one that they were supposed to repair the first time, he removed the gutter, the flashing around the leaking window and found the problem. He then proceeded to to put ice and water shield around the window to alleviate the problem. He wanted to leave the gutter off for a rain in order to see if the window leaked. It's been two weeks and now he wants money to come and flash the window and put the gutter back up. I argued with them that they have already been paid and shouldn't have taken the job if they couldn't fix the leak, and his claim now is he "can't own [my] roof."

Basically, can I take them to small claims court for selling me things that were supposed to fix leaks and didn't? They claim that the salesperson doesn't know much about roofing and sold me what he thought would work and that that is acceptable practice in the business. Could I sue for negligence since they never really tested for a leak, but instead guessed at what it could be, received money for work done, and now want to charge me for a new roof since they can't figure out why it's leaking?


Asked on 8/09/10, 11:52 am

1 Answer from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

I don't know how much you paid them or the "value" of the job but yes, you can sue them in small claims court and hopefully get back the money you paid them.

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Answered on 8/15/10, 4:53 pm


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