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-   -   BOSSLER Roofing Company Takes Off Wrong Roof! (http://www.diychatroom.com/f39/bossler-roofing-company-takes-off-wrong-roof-54164/)

user1007 09-30-2009 04:56 PM

BOSSLER Roofing Company Takes Off Wrong Roof!
 
A company took off the wrong roof by accident but now wants the victimized owner to pay for part of putting a new one on...

http://www.upi.com/Odd_News/2009/09/...2861254171714/

Scuba_Dave 09-30-2009 05:14 PM

Roofing companies mistake
They should pay in full all costs

PaliBob 09-30-2009 05:15 PM

Thanks for posting.
When he was offered the new roof at a steep discount that most likely meant that they would forgo the profit and do the roof at their cost.

Good way not to have to pay for their mistake.
.

gma2rjc 09-30-2009 05:58 PM

Yes, the roofing company should pay for all of it.

Hopefully the home owner has someone who can check-up on their work in case they decide to do a half-@55ed job on it.

If the owner of the roofing company had any smarts, he would have immediately apologized and put a top-quality roof back on the house without having to be asked.

That would make a good impression and possibly attract new customers.

PaliBob 09-30-2009 06:37 PM

Quote:

Originally Posted by gma2rjc (Post 334728)
...... That would make a good impression and possibly attract new customers.

Agreed, If he let's this thing go to court, he will get such bad press, and he will lose in court.

Red Squirrel 09-30-2009 08:05 PM

Wow imagine coming back home to see a bunch of guys on your room ripping shingles off when unexpected. :eek:

They should definably redo the roof at least as it was (same material grade) for free. But as a courtesy they should put a higher quality one up... at least that's what I'd do as a sorry.

Scuba_Dave 09-30-2009 08:15 PM

It's past playing nice time
He should go into the local Police station & file a complaint
The Police should then go & arrest the owner of the company & workers for Vandalism
THEN file a lawsuit for damages
THEN see about having their license revoked until the new roof is on

Quote:

It is not only the mix-up that burns Fischer, it's that 2 months later his roof still has no tiles.
Now, his insurance company is threatening to cancel his policy if the roof isn't replaced and he claims Bossler refuses to do the work.

user1007 09-30-2009 08:57 PM

I am betting the guy doesn't have the money to put a roof on and pay legal fees. He will prevail and get fees back, the money for the roof, and probably punitive damages if the roofer doesn't belly up or something but after how many months of waiting out the court system, getting the judgment, collecting on the judgment etc.

Really irks me to hear people taking advantage of someone vulnerable this way. The roofer's lawyer must be a first class sleezeball himself to put up with a client like he has.

Great Fisher's insurance company is stepping up to the plate with full force too! I am sure there is a clause in his policy freeing them from paying for any of it.

Scuba_Dave 09-30-2009 09:06 PM

Any smart lawyer would take the case (free) based on a percentage of the settlement
AND plaster the News with the information & the Roofing Co's refusal to correct the matter

user1007 09-30-2009 09:09 PM

Meanwhile the poor guy still has to come up with a roof he was not planning on somehow. Hopefully the news coverage already will have helped him out.

nap 09-30-2009 09:56 PM

Quote:

=Scuba_Dave;334785]It's past playing nice time
He should go into the local Police station & fuile a complaint
it appears to be an honest mistake. That is not vandalism. In fact, it is not criminal at all.

Quote:

The Police should then go & arrest the owner of the company & workers for Vandalism
Not happening.


Quote:

THEN file a lawsuit for damages
this is where he can start


Quote:

THEN see about having their license revoked until the new roof is on
license revoked for what? They made a mistake. They can, and most likely will be held responsible for their actions but trying to damage their license status? Very doubtful.

Quote:

=Scuba_Dave;334803]Any smart lawyer would take the case (free) based on a percentage of the settlement
Not really. Not nearly enough money in this to work on a contingency.


Quote:

AND plaster the News with the information & the Roofing Co's refusal to correct the matter
and what do you think we read?


What the guy needs to do. Hire a roofing company to install a new roof and sue the schlub that tore off the wrong roof for the damages. The home owner is due what it costs to repair it to before the mistake with same quality of materials.

There are no punitive damages due. There was no malice in the mistaken actions.

In fact, a judge could find for the depreciated value of the roof rather than a replacement value. A court attempts to make one "whole" which means to return you to the same position you were in before the damage. In this case, if the roof had been in place for half the expected life of a roof of that quality, then the home owner would actually only be due 1/2 the value of a new roof.

Homeowner needs to also mitigate any possible damages by weatherproofing the home to prevent any water intrusion damage. Schlub is not liable for damages the homeowner allowed to happen due to inaction in preventing any further damages.

I would expect to see a competitor to the Schlub step forward and install a roof with payment either expected after homeowner recovers from Schlub or maybe even donating the roof as a PR situation.

Scuba_Dave 09-30-2009 10:01 PM

So I can go & damage someone's property & then say OOPS...my mistake
Don't think so
It's criminal to damage something & NOT fix it
It's an accident when you fix what you broke
Yes lawyer will take it, even if it puts the roofing company out of business
Do a search, another roofing company did the same thing & was facing having their license suspended

nap 09-30-2009 10:25 PM

Quote:

Scuba_Dave;334844]So I can go & damage someone's property & then say OOPS...my mistake
Don't think so
absolutely. It was a mistake. There was no malicious intent. That's the way it is.


Quote:

It's criminal to damage something & NOT fix it
Really? What law would that be?


Quote:

It's an accident when you fix what you broke
Actually, the old guy would be smart to NOT allow the Schlub to repair the roof. I know I wouldn't.


Quote:

Yes lawyer will take it, even if it puts the roofing company out of business
Ya, sure. I can see them lining up now to spend 100 hours to earn $5000. Not happening. Of course, they will take it for an hourly charge.


Quote:

Do a search, another roofing company did the same thing & was facing having their license suspended
Why don't you link that?

Scuba_Dave 09-30-2009 10:26 PM

I'd say ripping my roof off is malicious

Main Entry: van·dal·ism
Pronunciation: \ˈvan-də-ˌli-zəm\
Function: noun
Date: 1798
: willful or malicious destruction or defacement of public or private property

nap 09-30-2009 10:32 PM

Quote:

Originally Posted by Scuba_Dave (Post 334856)
I'd say ripping my roof off is malicious

Main Entry: van·dal·ism
Pronunciation: \ˈvan-də-ˌli-zəm\
Function: noun
Date: 1798
: willful or malicious destruction or defacement of public or private property

willful in this context would infer the damage was intentional and not in the meaning that he meant to tear off the roof. It would have to mean the Schlub intented to injure the homeowner. There was no willful intent to damage the guy and there is absolutely no malice.

It was an accident for gosh sake. Do you think every accident is criminal. Have you ever been in a car accident? Did you go to jail for the simple accident itself? Of course not. There was no malice and it was not willful.

There is nothing criminal in the actions of the roofer. It was a simple mistake.

here is a definition from a dictionary that would be germane to the use of the term:

Quote:

MALICIOUS - With bad, and unlawful motives; wicked.


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