TPO Nightmare in Austin Texas


#1

Howdy All,

New member here–with a large roofing mess on his hands.

I hired an Austin Texas contractor to install a shingle and Firestone TPO roof on my house. It’s a $35,000 job (covered by insurance thankfully).

Long story short the company has been slow, sloppy, late, and absent throughout the job and now has completed most work. I hired a pro roofing consultant (not another contractor) who tells me the TPO portion of the job is not even close to Firestone specs. There are many shingle problems also.

This was supposed to be a reputiable company, but has done a very poor job for me in almost every regard.

I’ve paid 2/3 and have been asked to pay the final 1/3. I’m not paying until the job will pass inspection and have contacted a lawyer.

Any experienced folks out there who might have some advice for me about how to proceed? I’d appreciate it.


#2

It’s been a few days since my post–surely someone must have had some experience that is similar to mine and have found a good resolution.


#3

when you say the tpo is not close to specs how do you know that?


#4

First I observed with common sense, then I read the manufacturer’s manual, then I hired a professional roofing consultant.

All these things told me that installation was not up to spec.

Thanks


#5

did you contact a firestone rep? if not ,i would and see if your roofer is an approved firestone applicator. the # is in the back of the booklet you looked at


#6

Yes, I contacted the Firestone rep and learned (to my dismay) that my contractor is not an approved Firestone installer.

I’m not sure where this leaves me. My contract says materials will be installed to manufacturers’s specs, but I’m not sure if my contractor knows what the specs are, or how to meet them.

To top it all off, the contractor is being very difficult to deal with. He tries to blame every thing that is wrong on some aspect of my house and/or the way I brought the problems to his attention.

I guess we are going to court. I have a bad ass lawyer, but really hate to go that route when a simple good job on the roof would be much easier and less expensive for all concerned.

What a mess. I tried to pick a contractor with a good reputation–guess I failed at that.

Thanks for the help.


#7

bear in mind that you will get zero co-operation from firestone as you have a product for a commercial bldg on your house.always,always ask for a reference.now call that firestone rep back and ask for the # of a good tpo installer.be prepared to pay for it too.then ask the lawyer if you can pass this cost to the original contracter thru your lawsuit.


#8

Looks like I may have to find another contractor to fix the poor TPO job that my contractor did. Quite a few details are not up to Firestone specifications.

Can anyone recommend a good, and CERTIFIED, TPO installer in the Austin/San Marcos area.

Thanks in advance.


#9

call the rep back and he will give you an approved contractor


#10

Hi All,

Well I’m still waiting on my roofer to finish my TPO roof. It is fully covered now but my consultant tells me there is much wrong with it and that it is leaking or will start leaking soon.

I’ve never had such a bad business deal in my life. The contractor argues everything in his favor–even if doesn’t make a damn bit of sense.

Looks like lawyer time, which I really don’t want to do. Anybody got any good ideas for me at this point in the game?

Thanks


#11

you should have called the mfgr rep!!!


#12

is the contractor also known as the “Golden Stallion”?
I played in a band w/ a guy that would talk himself blue to defend his argument. Long after the argument was over and he was only convincing himself. Sad but true.
Do as roofboss says. Move on from this guy. He is not the solution. he is the problem. EGO run amok


#13

Roofboss,

I did call the mfg’s rep. and he was helpful. Unfortunatly, I am still under contract with my original contractor (despite the fact that he won’t finsh up properly). I can’t just dump him and move on with out risking his suing me for the last payment.

Basically, I’m screwed. I need a lawyer to either make the first contractor finsh the job well, or sever the contract with him so I can move on.

What a mess. All I wanted was a good roof.


#14

did the rep say this guy was an approved contractor? if so you call him back and tell him that you will tell everyone you know(bldg engineers,mgrs,etc)that you will tell them to NEVER use this product and to use a competitors.


#15

Roofboss,

The TPO rep told me that my contractor was NOT certified to install his product. I learned this pretty early on in the job (about two weeks) when I called the rep for help because the contractor seemed not to know what he was doing.

The contractor told me the job would take about five days. Well, it’s going on five months and my roof is not done. They worked on site for about two months and then split, leaving me with a poorly done roof. Since then they have done virtually nothing to repair the defects. They came out and put some silicone on a part of the roof that was letting rainwater into the house.

I wrote and called them dozens of times asking them to come out and make things right. I got little response or action, so I got a lawyer.

I’ve given some thought to making the contractor’s name and poor performance public. However, I’m not sure that would help, and I don’t want to open myself up to a liable law suit (which I’m sure this prick of a contractor would file if I gave him the opportunity).

At this point I don’t see any clean way out of this mess. If my lawyer can dissolve the contract between me and the roofer I can take my last payment and put it towards another contractor finishing up the job properly.

I will take a financial beating if I go this route, because the work required to repair or replace the things the contractor did poorly will probably cost quite a bit more than I have left as my final payment.

Basically, I’m screwed. My contractor was not certified, did a poor job, and tries to blame his poor work on me, my wife, and anyother thing that he can think of. This guy would argue with a possum.


#16

You might get the insurance company that you said is paying for this involved. Possibly they could bring legal pressure and also the promise/threat of future business. This is just a thought but the insurer has more experience and more horsepower than a homeowner in situations like this. Good luck!


#17

you stated the insurance company is paying for it. make the final payment to the contractor because if you dont you are no better than he is. Then if you do have to go the lawyer route which you most likely will you still have a case. he cant claim that you didnt pay. Then he is in the wrong and you are in the right. Remember right from wrong riright is you pay him for his work. He performs the work stated in your contract. if he doesn’t he’s wrong not you. then you have a case if you don’t pay you don’t have one or at least a weaker case. not to mention the case he has against you for not paying. contact your insurance company and show them what they got for there money. because they are the customer as well. Also consider making a claim if the new roof leaks. be careful here you don’t want unneeded claims. get your agent involved and leverage the fact that u do business with them and you are requesting there assistance. if the roofer is bonded contact the bonding agency. be sure to take pics, lots of, more the better document everything get written notarized statements from the consultant and firestone. have firestone pressure the contractor they could also be involved on the wrong end of your lawsuit. lastly try arbritration rather than court it can cheaper and obtain the same objective. MOst courts will with hold the arbritratiors decision good luck. Just remember u have good case keep it that way and stay in right let the contractor be the bad guy


#18

Rooferfrank:

You wrote " make the final payment to the contractor because if you dont you are no better than he is… Remember right from wrong right is you pay him for his work."

Interesting point of view. I can’t see making a payment “for his work” when his work is not proper and in keeping with the terms of our contract.

Let me ask you this: Would YOU pay a man for work not done? Would YOU think it fair if you had to pay for the same item/service twice because the first person you paid didn’t deliver?

Maybe roofing is different somehow, but generally people don’t get paid for what they don’t do.


#19

Hello,

I have been reading about your problem and would like to ad a few comments. First of all, I spent 5 years in the Technical Department at Firestone. I can tell you right off that Firestone will not be a part of any lawsuit you may have against this contractor. This is because Firestone does NOT give warranties to residential properties. The fact that this contractor does not have a license is not a big issue in this case, since even a licensed contractor could not issue you a Firestone warranty on a residential project.
So what does this mean? Well, some of the statements that were made in earlier posts do not apply. Especially

  1. “Will pass inspection” - there is no Firestone inspection, since there is no warranty.

  2. “Installed to Firestone details” - since there is no warranty, Firestone details do not apply. While I would view it as a good practice to install to a manufacturers’ details, they are a moot point in this case.
    Please keep in mind that while at F’stone, many times a week I approved details that were not “Firestone details”. Just because a contractor chose to perform a detail differently then stated in the F’stone manual, does not mean the detail is a bad one.

Please also keep in mind that MOST Roofing Consultants are completely worthless! A Roofing Consultants only job is to justify there existence. They will say what they think you want to hear, not what is your best option.

As a result, my advice would be to try to get the contractor out one more time to make repairs. Your only other option is to sue, which never works out well for the homeowner. Most shady contractors have been sued many times before and don’t keep any assets in their name. They also don’t have any wages to attack, so suing may be a waste of time.

Good luck. It is a shame that some contractors make us all look bad.

Reno85


#20

Reno,

Thanks for the reply. I surely have a bad contractor on my hands, and you are spot on about my warranty situation.

Unfortunatly, I didn’t understand the warranty ins and outs of putting Firestone TPO on a residence until AFTER the contractor started the job.

I’m basically screwed. My only recourse at this point is legal action–which I have begun.

Legal stuff, as you probably know, is no fun for anyone. It’s expensive, embarassing, and time consuming. Fortunatly I have expert opinion, photos and other documentation, opinions and estimates from several other roofers, and a crackerjack attorney.

I will win in court if we go there–and it is looking like we probably will. I would take any reasonable alternative to court, but so far I haven’t been able to find one.

The roofer did a very bad job on many parts of the roof and simply refuses to fix much of it. Thanks again for the reply