Legal Question in Construction Law in Florida

Roofer problem

I called a roofer about a leak.They told me i needed a new roof and had me sign a paper for $12,450.The next day, I called another roofer who said I only needed a patch in a valley.The other roofer did the work for $650 and the roof doesnt leak anymore. The first roofer is threatening to sue. Can they sue me?


Asked on 11/25/02, 10:20 pm

2 Answers from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Roofer problem

You must live close to me I have a close zip code to you. The answer to your question depends on what the original roofer was quoting for. Apparently it is not the same scope of the work as the replacement contractor.

I can fix a rubber hose by wrapping it with electric tape but sometimes it may be recommended to just replace the hose. Your facts imply the difference between replacing a roof and a temporary patch job.

I would recommend getting the opinion of one other roofing company so that you will have a neutral opinion as to why the first quote was so high. I would also like to look at the contract of the first roofer and the second roofer before rendering an opinion. If you need further help let me know. Good luck,

Randall Gilbert

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Answered on 11/26/02, 9:21 am
Frank Reilly Reilly Roche LLP

Re: Roofer problem

Because I do not know all of the facts, I can only offer you some general suggestions. For specific legal advice, you should have an experienced contruction attorney look over the paperwork.

Depending on the paperwork you signed, the roofer may be able to recover lost profits under the contract. However, based on our experience this is usually not the case.

Some brief suggestions:

1. In order to avoid any misunderstandings, notify the roofer in writing by certified mail, return receipt requested that his services are not required at this time. If you have a fax number, fax it to him as well and save the proof of service. The last thing you want is for him to show up at your house and start working.

2. If the roofer liens your property, you will need to consult an attorney right away.

3. I do not recommend paying him anything at all until you speak with an attorney first.

Best of luck to you. Hope the suggestions were helpful. If you have any further questions, please feel free to give us a call. Our initial consultation is always free.

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Answered on 11/26/02, 9:41 am


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