Problem with contractor collecting RCV--Home Owner Needs Help


#1

Hello Everyone. My 8000 sq ft roof and gutters had hail damage. The roofing company said they would replace the roof for the RCV as long as my insurance company agreed to totally replace the roof and gutters which the insurance company agreed to. I signed a contract stating the sum to be paid was the “Insurance Proceeds RCV.” When my home was damaged, the hail damaged my roof, gutters and my stucco columns. I turned the columns in at a different time than the roof and gutters but they were all three under the same claim number. At the time the roofing contractor signed the contract, he did not know the claim number, the name of the insurance company, nor the amount the insurance company was allowing. The contractor had not seen a copy of the insurance claim. Now the roofing contractor says they have a right to collect the RCV for the roof, the gutters and the columns just for replacing the roof and the gutters because the contract said Insurance Proceeds RCV. Is this industry standard to collect for work not completed. I can understand had the contractor seen the insurance claim and if they had told me you are going to need to come up with additional funds or allow us to use the RCV from the roof, the gutters AND the columns. They did not.

To boot, the roofing contractor did not do a good job and I’ve had two other roofers say the entire roof needs to be replaced. I’m heart sick and feel backed into a corner big time.

Any advice would be greatly appreciated.


#2

That is not the industry standard. You owe the Contractor ONLY for the work they performed. Nothing more, nothing less. Well, if they did sub par work, you may end up owing them less.

Based on the things you said, seems like you were dealing with a shoddy roofing contractor. I’d never, ever take on a job unless I had a contract and scope of work specifying exactly what I was doing and what I was going to be paid for it.

If the work is so poor you have to replace the entire roof, I would not make the final payment to the roofing contractor until the problems can be fixed by either that contractor or another.


#3

Thank you so much. I am really upset and nervous about this. The contract states in black and white RCV. It does not specify which RCV.

This is a Certainteed Grand Manor shingle. It has nails popping; damaged shingles with missing granules; the roof edge is not level and now has a valley so water sits on the edge and supposedly can get to the 1x10 wood fascia behind the custom 10" metal fascia; the valley has nails in incorrect places–either too close to the edge or too close to the “W”; something about points done incorrectly; the hips were crooked; 4 vs 5 nails were used on sampled shingles; and the list goes on. The new gutters are a joke. The drip edge is between the gutter and the fascia in many places. I believe the drip edge may be too small. The fascia leaks all around the house at every joint. The downspouts were crimped to force into the drains and often cut too short. The contract called for a specific color for all metal and the wrong color was ordered. That caused the gutters to have to be installed twice and have scratched the fascia. I wish I could explain how the contractor attempted to repair a hole he made in the wall that resulted in water being directed to the hole and the wall. Now I have water coming inside the wall and leaking below a switch plate.

To your knowledge is there a website that shows industry standard for contracts or something that shows a consumer should know exactly what s/he is being charged?

Thanks again.


#4

What area of the country are you from?

You sound like you’re worried about the roofer filing a lawsuit. I would be a lot more afraid of a lawsuit were I the roofer. Contracts cannot be ambiguous. The type of contract you are describing has been found to be unenforceable in court many times. Too ambiguous. It would be insurance fraud for them to charge you for work they didn’t perform as well.

I think you should be focused on getting your $40K plus roof fixed properly. That is a beautiful shingle but it also needs a more talented roofer to install it. Sounds like you had the misfortune of having an under talented roofer install it. If that is a local roofing contractor, you may very well have justification for taking them to court for a new roof.

You should be consulting your attorney at this point. If you want to send it to me, I’ll be happy to look the contract over for you and point out the problems it likely has. Assuming what you have described is mostly accurate, I don’t believe you have any legal ramifications to fear from the roofer.


#5

I’m in the Midwest. How do I get a copy to you? I would like to post or send photos but not sure how to do that yet.


#6

Send it as an attachment to email. mtcraney@gmail.com


#7

Check the ARMA website for installation, standards that are accepted by all roofing manufactures. We install all roofs, according to ARMA standards.