Legal Question in Credit and Debt Law in Texas

Roofing contractor conflict

We just had a new roof installed due to hail damage. We were informed by the contracters ''insurance specialist'' that all vents, turbines and everything above the roof would be replaced. The job was completed in a satisfactory manner with the exception that the hot water heater vent jack on top of the roof was not replaced. The contractor says they are not licenced to replace these and a plumber would have to do it. They have refused to pay to have this done as it was not on the written contract. Another case where confidence in the primary company contact was misguided. Am I stuck with replacing the vent at my cost?


Asked on 5/31/02, 11:46 am

3 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Roofing contractor conflict

Find out how much it will cost to have the vent replaced, then get it done and make written demand upon the roofer for reimbursement of your costs. If under $5000 (and I'm pretty certain that it would be) you can sue the roofer in Small Claims.

It's important that the vent be promptly installed. If you sue the roofer to have it done, you'll be tied up without a vent for at least a few months, if not a period of years.

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Answered on 6/03/02, 2:07 pm
Michael Dover Michael A. Dover, PC

Re: Roofing contractor conflict

If the contractor represented to you that all above-roof vents would be replaced, then you may have a good claim against the contractor under the Deceptive Trade Practices Act. Otherwise, the contractor's liability would be determined by the terms of your contract with the contractor.

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Answered on 5/31/02, 12:01 pm
Bradford Downs Bradford K. Downs, Jr. Attorney at Law

Re: Roofing contractor conflict

You first need to determine the cost of having the vent installed. This will let you know if it is cost prohibitive to sue the contractor. A roofing contractor knows from the beginning which crafts they have to compensate for. You may be entitled to additional damages if additional work is now required by the plumbing company to install the vent and it would have been cheaper if the vent would have been installed prior to the roof. You should have been told in advance that a plumber would be involved.

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Answered on 5/31/02, 2:33 pm


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