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-   -   Question regarding Roofing Contractor and UNLICENSED Subcontractor (http://www.diychatroom.com/f9/question-regarding-roofing-contractor-unlicensed-subcontractor-157440/)

ChrisStu 09-20-2012 03:16 PM

Question regarding Roofing Contractor and UNLICENSED Subcontractor
 
New to the forum and I have a question. I live in IL and had a claim in with my INS for new roof which was approved. The INS paid me and said to find my own contractor and said to USE LOCAL if possible. I understand why. So after researching companies I found one local (in state and within 10 miles from me). I went with them because they were local and they said they have their own employees that work for them. They had no BBB complaints or anything and were recommended by someone I knew. The roofing company asked if I had any problems with Latinos working on the roof. I said of course not, as long as they're here legally, insured by you and they know what they're doing. He said not to worry, they have all papers on workers and they're insured and bonded.

Well to make a long story short. What has happened is the General subbed my roof out to an out of state roofing company. That roofing company subbed it out to a different out of state roofing company.

I'm pissed! :furious: If I wanted to go with an out of state company I would have done it and probably got a lower bid in the process. The work is shoddy on my roof. They didn't use new flashing like it said in the contract. They didn't replace vent stacks like it said in the contract. They beat the :censored: out of the new drip edge and it looks terrible. They ruined my gutter smashing it to the fascia and they scratched a lot of paint off the fascia all around the house.

My question is if I was not going to pay them, do they have any recourse to come after me? Listen, I'm not trying to get a free roof but the more and more I see the shoddy job and the fact the Contractor lied to me, I just don't think they deserve to be paid.

They farmed my roof out to a NON LICENSED subcontractor who farmed it out to another NON LICENSED subcontractor. That right there is a violation of the of the State of Illinois Roofing Industry Licensing Act. Subcontractors have to also be licensed and cannot work under the umbrella of another company's license. Both subs are not licensed in IL. They probably don't even have INS. Also, I pretty much can guarantee the workers were all ILLEGAL. Also, they had one unmarked vehicle. It looked like they were living out of it. According to the Illinois Roofing Industry Licensing Act the vehicle has to say the name of the business on the truck and the license number. This vehicle had no markings and out of state plates. There are other violations as well including OSHA. I have taken pictures of their vehicles and all the damage. Any thoughts?

jimmy21 09-20-2012 03:39 PM

I think you would have to make some phone calls. My thoughts are that since you're paying the general contractor, he is the one that is responsible. I think you would have to take it up with the one that you write the check to

ChrisStu 09-20-2012 03:51 PM

Yes, he is ultimately the one responsible. It is illegal to aide and assist the unlicensed practice of roofing contracting in IL. He knowingly used unlicensed subs. Further, they did shoddy work.

chb70 09-21-2012 10:31 PM

It gets a little sticky when you don't pay. I would need to see the contract to help you. Many contracts use " replace all metal flashings as needed" if that is the case, you could be in for a legal battle. My advice to you is to find another contractor to give you an estimate for the area they damaged and for the items that should have been taken care of with the install contract. Then try and negotiate with the GC.

ChrisStu 09-25-2012 09:52 AM

Quote:

Originally Posted by chb70 (Post 1014949)
It gets a little sticky when you don't pay. I would need to see the contract to help you. Many contracts use " replace all metal flashings as needed" if that is the case, you could be in for a legal battle. My advice to you is to find another contractor to give you an estimate for the area they damaged and for the items that should have been taken care of with the install contract. Then try and negotiate with the GC.

The contract is to replace all flashing. It did not state "where needed". The contract also said to replace both vent stacks. They reused the old ones and reinstalled them incorrectly. They caked them with tons of silicone which looks terrible. That is all beside the point. The main issue is hiring roofers that were unlicensed. That is illegal in Illinois. Also, I have a two story which require roofers to wear safely lines. They wore nothing and even were up there in the dark working.

dougger222 09-28-2012 09:01 PM

Sounds like you got the "cheap" crew...

Roofmaster417 09-29-2012 06:33 PM

I would only pay for the materials and that is only after I got a lien waiver from the supplier.These guys clearly broke the law so if they want to be paid then let them pursue you.Document everything and take plenty of pictures then contact your Attorney General and Illinois Department of Contractor Licensing.

ChrisStu 10-03-2012 08:55 AM

Quote:

Originally Posted by Roofmaster417 (Post 1020151)
I would only pay for the materials and that is only after I got a lien waiver from the supplier.These guys clearly broke the law so if they want to be paid then let them pursue you.Document everything and take plenty of pictures then contact your Attorney General and Illinois Department of Contractor Licensing.

Thanks Roofmaster, this is they type of reply I was looking for. I hired an attorney who is sending the company a letter. He said that not only is their violations of the roofing act but also the Home Repair and Remodeling Act and Also the Consumer Fraud and Deceptive Business Practices Act.


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