I have being sued by a Roofing Company, please help,


#1

I hired a roofing company to file insurance claim for a hail storm that damaged my roof and planned to have the company to put on a new roof. While waiting for the insurance check. The roofer company showed up at my door while I wasn’t home and asked my boyfriend to sign a form so that they can start working on my roof. The house is mine, my boyfriend is NOT one of the home owner. The roof cost over 11k.
By the way, the worked was done, however they damaged some of our properties. And I could see that there are problems with the roof. The shingles don’t seem to cover the wood. How far the shingles are supposed to cover the frames of the house? Some of the area I see that the last row of shingles weren’t cover the frame wood so I asked them to fix it. They came and pulled the last row of the shingles down that made it so much longer than the other rows, and now the shingles are already bending into the gutters. Also, my garare area looks like a boat shape, does anyone know why? I didn’t see that from my old roof. I talked to them, they said they take care of the roof, they have nothing to do with any wood work any neath of the roof.
I know nothing about roofing, my neighbor took a quick look at my roof, he said there are a lot of more that were filed in the claim with the insurance company but didn’t get fixed.
They did a very bad job on laying out the flashing. I asked them to fix it, they said they fix it only if it leaks, they don’t fix it just because it doesnt look good.
Now, they are sueing us for not paying. What do I do? I don’t get the money because the money is paid to them but I have to sign it. I didnt’ sign it because they did a very bad job to my roof. I took some photos of my roof, can someone take a look at the photos for me to see if what they did is right? Please let me know. I will post the photos.
Please give me advice what to do with it.
thanks


#2

Hi,

If they are suing you, get a lawyer.

This is a legal issue. Your lawyer will tell you what you need to do.


#3

Was this roof subject to building inspection in your town? Have you asked your insurance company what they would recommend? Can you post the photos, maybe some of the pros here can give you an opinion on the looks of the job?


#4

Thanks for helping.
Please click on the links for photos.

Photo1 is my old roof:
Photo1:
auctiva.com/hostedimages/sho … =0&lgdin=1

Photo2: auctiva.com/hostedimages/sho … =0&lgdin=1

Photo2 is my new roof, it has a big gap between the gutters and the roof.
Photo3:is my old roof, the flashing was painted and laid out evenly, much shorter than the new ones. The new ones below didn’t lay out evenly and no counter flashing.

Photo4:
auctiva.com/hostedimages/sho … =0&lgdin=1

Please view the photos below to see if you can see anything wrong with them for me.
Photo5
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206355437_o.jpg)
Photo6
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206355546_o.jpg)
Photo7
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206355234_o.jpg)
Photo8
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206355317_o.jpg)
Photo9
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206354780_o.jpg)
Photo10
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206354999_o.jpg)
Photo11
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206353326_o.jpg)
Photo12
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206353434_o.jpg)
Photo13
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206353067_o.jpg)
Photo14
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206352842_o.jpg)

Photo15
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206352183_o.jpg)
Photo16
(http://img.auctiva.com/imgdata/2/0/2/2/6/9/webimg/206351846_o.jpg)


#5

I know nothing about roofing so the contractor told me that he could help me dealing with the insurance company directly. So he filed the claim, he submitted to our insurance that said he will do everything listed in the claim that includes decking, condensing units, windows,fan…so that he could get about 17k from the insurance company. He told me that he could do the roof and what belonged to the roof only for about 12k. I should get someone else to take care of the rest of the damages. But he will write me a receipt for the whole amount so that I could get the de-appreciation from my insurance company. He ended doing the roof and the flashing but not all other stuff on the roof such as chimney cover and other stuff that listed in his list for about 12k. In addition, his people damaged my steps and a expensive Japanese maple tree.
I talked to my insurance company, all they told me is that I am over charged by the roofer but they did pay for the claim so they have nothing to do with it. My bank inspector came to look at it, she agreed with me but she is not allow to pass or not to pass the inspection.
The company did come to ask for the check that we got from the insurance company. The check is issue to the company and I, so neither one of us can get it. They accused me for keeping the money for myself. I asked for an invoice, they refused to give me one. They never sent me a written invoice as I requested so many time. They did call and ask for money. They took a lot of guys to my house to ask me for the check, but refused to send me invoices. On my garara area, the orginally the bottom shingles didn’t cover the wood frames, I asked them about it. They got up there, teared off the bottom row and pulled them down so it looks much longer than the rest and started bending into the gutters.
I believe that they think I am a young women, first time home owner, know nothing about roofing and the law base on my poor English skill. The told me from day 1 after they came and ask for money, that I haven’t been here long enough to know the law. I told one of my neighbor about my roof when he asked, for some reason they know about it. They threaten me if I tell other neighbors who planned to use their business how bad they did to my roof or if call Better Business Beareau.
I talked to a lawyer today, he asked me to ask them for a detail invoice so that we know what he did or supposed to do for my roof. He told me he would stop by my house to drop one off and promised to fax me one but I never got it. I called him several times but got no answer from him. He almost never missed my call. I only have a couple weeks to get ready for a court day. If I don’t respond or not getting a lawyer within 20 days, I will autometically lose the case and I have to pay his lawyer fees.
Please let me know what I could do.
Thanks so much…


#6

From the pictures it looks like they didn’t install drip edge before they shingled, it should be all along at least the bottom edge of the roof. That would cover the exposed fascia and support the overhang the shingles should have. That can be repaired by removing several rows along the bottom , putting the drip edge on then reinstalling the shingles making sure to space them so you have the correct overhang at the bottom.

It appears that there never was proper counter-flashing on the building, it should have been cut in and grouted into the brick when the house was built. In one of the pictures you can see the line where the old stuff that was sealed with caulk was removed. The new doesn’t look very neat but is probably as water tight as the old was. This can be fixed easily also but a mason would be the best person to do the cutting of the brick and installing the counter-flashing.

The damaged shingles you showed should have been replaced, especially the one into the valley where it is going to get the most wear.

Find a good home inspector, and like Lefty said a Lawyer. Judging from the sloppiness of that work I think there is a good chance you would win and get the repairs made at thier cost


#7

[quote=“Bill6208”]From the pictures it looks like they didn’t install drip edge before they shingled, it should be all along at least the bottom edge of the roof. That would cover the exposed fascia and support the overhang the shingles should have. That can be repaired by removing several rows along the bottom , putting the drip edge on then reinstalling the shingles making sure to space them so you have the correct overhang at the bottom.

It appears that there never was proper counter-flashing on the building, it should have been cut in and grouted into the brick when the house was built. In one of the pictures you can see the line where the old stuff that was sealed with caulk was removed. The new doesn’t look very neat but is probably as water tight as the old was. This can be fixed easily also but a mason would be the best person to do the cutting of the brick and installing the counter-flashing.

The damaged shingles you showed should have been replaced, especially the one into the valley where it is going to get the most wear.

Find a good home inspector, and like Lefty said a Lawyer. Judging from the sloppiness of that work I think there is a good chance you would win and get the repairs made at thier cost[/quote]

Thanks Bill,
You all are very helpful.
They originally offed me $1700 less to hired someone to fix it. I wondered why they don’t want to fix it to get the full amount so I didn’t accept the offer. I thought there must be something else wrong that I don’t know. Other people got problem with this company after they paid them, they couldn’t get in touch with them any more.
I tried to measure the bottom shingles that stick out of the frames of the house, some area get about 3 inches some 2 inches, some get 1 and some has none off the wood frames. In the front of the house, there are no shingles to cover the wood frams at all so water doesnt go into the gutters but absorted into the wood and down to the brick wall. Is that acceptable?
Don’t you think that some of the area, the shingles between rows don’t cover enough? It looks like they stretch the rows out too far apart?

The lawyer fees are too much, I wonder if I win this case, who will pay for my attorney fees. He charges $150 an hours. And I don’t know how many hours he will spend on this case. I have to pay $1500 deposit.
Don’t you think that some of the area, the shingles are not properly laid out?


#8

That is where they should have installed metel drip edge, the other places where they have too much overhang most likely has the same problem. Leaving that out isn’t acceptable by any standards.

They did a sloppy job laying out the shingles and do appear to have a bit more exposure then is called for but if that were the only problem I would say you most likely could be ok with it. With the other problems though a proper inspection should be done of the whole roof.

I don’t know about attorney fees but it would be worth it to at least consult one, he’ll be able to tell you about that. If those problems aren’t corrected it could eventually end up costing you much more in home repairs


#9

[quote=“songphan”]

extremely poor installation.

especially the valleys. your roof looks terrible!


#10

Hi All,
I need to put all this in writing, so please help me with the words, my English is so poor. This is what stated in the contract that he said he would do.

  1. Tear off shingles.
    2.Tear off second layer
  2. Replace shingles/color.
  3. Replace felt
  4. Ice shield
  5. Remove/Replace Valley
  6. Two story charge
  7. Steep Charge
  8. Low Profile Vents
  9. Step Flashing
  10. Chimney Flashing
  11. Sky light fashing
  12. Remove and replace gutters.
  13. Remove and replace Downs
  14. Fascia
  15. Softfit
  16. Drip Edge
  17. Power Vent
  18. Drip Edge
    Some other stuff they he told me to get someone else to do it.
    Please tell me if you see anything in the above list didn’t
    get replaced.
    Thanks
    Please view this photo:
    Photo17
    auctiva.com/hostedimages/sho … =0&lgdin=1
    What are those 2 pipes stick out the roof called? These are the old ones, they never got replaced. They still got dents on them.
    None of these similar things on the roof were replaced. These are old ones. Are there any of these things in the list above?
    Photo18
    auctiva.com/hostedimages/sho … =0&lgdin=1
    Photo19
    auctiva.com/hostedimages/sho … =0&lgdin=1

Please help.
thanks


#11

those are heat stacks.

they are not in his estimate.


#12

[quote=“Agape”]

[quote=“songphan”]

extremely poor installation.

especially the valleys. your roof looks terrible![/quote]

Thanks Bill,
Now at least I know I am not too picky. They keep telling me that I don’t know what I am talking about. I will get a roof inspector to come and do a good inspection.
Thanks


#13

[quote=“Agape”]those are heat stacks.

they are not in his estimate.[/quote]

Thanks


#14

also, from what i can see in “picture #2” the gutters are mounted too low.

they mounted them so that they wouldnt have to be strapped to the facia board, and stay flat.

they should be up higher by about 1-2" (hard to tell from the pic) and strapped properly.


#15

the only things I can say for sure from the pics are drip edge and fascia, if they were supposed to install new fascia it appears they left some of that off in at least the one spot (in the pic that shows the wood behind the gutter)

you really need someone to inspect it in person, with those flaws so apparent there are bound to be more

the stacks you show in the last pics you posted appear to be vent stacks for a water heater and furnace, the flashings at the base are heavy duty so ususally don’t need replaced unless they are corroded or punctured. The caps on top are damaged and should have been replaced although they may say that falls into the plumbers territory


#16

contact the shingle manufacture, have them inspect the roof. If its not properly installed they will void your shingle warranty. (ex not nailed in the right spots, over/under exposure, not flashed right) If they have done the roof in a way that is not to the manufactures specs then they have voided your warranty I would think you would win in any court. I don’t like dishonest or unqualified roofers they give the rest of us a bad and untrustworthy name. NEXT TIME DO YOUR HOMEWORK. Get references, go to their shop to make sure they are not working out of moms garage, call the local suppliers to see if these guys pay for the materials. If not the suppliers may lein your property and get your house.


#17

Here is an easy answer. If the deed to the home is in your name and your name ONLY and NOT your boyfriends then you get yourself a laywer because I am pretty sure you just got a free roof. I know that a guy I had worked for had someone who did not own the roof, sign the contract and guess what, that guy got a free roof because the judge said the work was performed without written consent from the land owner. My simple advice, tell them you are getting a lawyer because the work they did was not approved by you, thus meaning they were basically trespassing on your property for days.


#18

I signed for the contract. The contractor said that I have to make 30% deposite before they can start working on my roof. While waiting for the check from our insurance company. At about 7 in the morning. The people that the compnay hire to work on my roof showed up, had my boyfriend sign a form to start working on my roof. My boyfriend only sign the form to allow them to start working on my roof, not the contract.


#19

shingles look to be on a 3" step, not to the mauf spec.

I didnt take the time to look at all the pics.

get the mauf and a quality roofing contractor to inspect the work.


#20

Hi Songphan, Can you explain this more? Is the insurance check made out for the total but the roofer will give you back some money?
Your english is very good so do not worry about that.
Regards, DaveB