Legal Question in Business Law in Illinois

We purchased a house in October. Prior to the sale, the seller agreed to have the roof replaced after their insurance company found hail damage. Seller contracted a roofer to complete the job. We signed a contract with the roofer for a tear-off because the seller's contract was only a layover. After a length delay, the roofer began the job on 12/21. They left the job incomplete that day because they had to exchange defective shingles.

The next week, the roofer stated that the contract was only for a portion of the roof (21 square, approximately half of the roof). We contacted the sellers, and they have provided us a copy of the original contract. The roofer also provided a copy of the original contract, however the two don't match and it appears that the roofer has altered their copy of the contract to show that the job was only for 21 square.

The roofer has since stated that he is not finishing the job he has started (we currently have a portion of the house with no shingles as the roofer never returned after 12/21). We are prepared to take any action we can, but can we take legal action against the roofer for the job he didn't complete since it's not a contract we signed (but clearly we have an interest in the outcome because it is our house)? Do we have to take legal action against the sellers, even though they upheld their end of the agreement? Since the roofer is not going to finish the job, should can we proceed with another roofer?


Asked on 1/04/10, 5:24 pm

3 Answers from Attorneys
Adam S. Tracy Securities Compliance Group Ltd

You would actually have a claim against both the roofer and the sellers. The proper venue for this would be the court of your county.

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Answered on 1/10/10, 1:07 pm
Arnold Toole Toole Law Office, LLC

You may have rights under the contract as a third party benificiary. Additionally, you may be able to proceed against both the roofer and the sellers for various causes of action, including breach of contract and fraud. However, a strong letter from an attorney may get the roofer to start acting right. Please feel free to contact our office if you would like to discuss this matter further: 773-684-5730.

This reply does not constitute an attorney-client relationship, and is specifically limited by the information provided.

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Answered on 1/11/10, 8:31 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Thank you for your question. What a mess? You can sue the owner, the contractor and have the right and obligation to hire another roofer before additional damage is done. You need to see an attorney in your area asap.

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Answered on 1/11/10, 3:41 pm


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