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Did you not read that Peggy was paid by insurance and still has the funds?
No he overlooked that. And if she paid by check … the money is gone the next day. Only if you pay by credit card do you have a chance, but the CC company will say “you got a new roof, we dont get involved with quality disputes”.
 

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Discussion Starter · #22 ·
In my area anything involving "removing more than the shingles" qualifies as "a new roof being put on" and requires county approval before any work begins.

(if they don't, they'd find new structures going up they didn't know about, and have unsafe roofs too)
Unfortunately, in Nashville the guidelines were changed a number of years ago and a permit is no longer required, even for a complete new install. I had called them right away after I realized what I was dealing with to be sure they pulled a permit...unfortunately not necessary :( I have sent the reports/some notes on to the city this morning...will post if I get new information, thank you so much for all of your input. My late husband was a framing contractor for several years and I think it is great how the trades work with one another (and even we "novices"!
 

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Did you go with the cheapest bid and now are complaining about shoddy work?

I had to ask since we are only getting your perspective.
 

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Discussion Starter · #24 ·
Did you go with the cheapest bid and now are complaining about shoddy work?

I had to ask since we are only getting your perspective.
No, actually I had 2 estimates and they were nearly 1,000 higher but I decided it would be beneficial for one company to do roof, siding and gutters. I really couldn't give their perspective since I only know mine!
 

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Discussion Starter · #25 ·
Actually, they have not defended nor acknowledged that there are issues to address. They have not responded with their input on the two inspection reports I sent them. The only time I saw anyone from the office and/or management was the Monday after the roof was done after I phoned and let them know that the roofing crew did not clean up on Friday night. I have attached some photos I took showing the damage to handrail, front shrub and the overall mess they left behind.
 

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Thats a lot of nails to leave behind. Some of the pictures show simple cleanup, i suppose you could overlook that if everything else was up to snuff. How did they damage the garage door?
 

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Actually, they have not defended nor acknowledged that there are issues to address. They have not responded with their input on the two inspection reports I sent them. The only time I saw anyone from the office and/or management was the Monday after the roof was done after I phoned and let them know that the roofing crew did not clean up on Friday night. I have attached some photos I took showing the damage to handrail, front shrub and the overall mess they left behind.
Thats a lot of nails to leave behind. Some of the pictures show simple cleanup, i suppose you could overlook that if everything else was up to snuff. How did they damage the garage door?
That’s nothing compared to all the ones they had left last week @ my house and one on my moms brand new Cayenne tire, plus all my bushes too, I’m also holding final payment and having another company inspect the roof, I was actually using there magnet every single day at night to clean up my driveway for 5 days they worked on mine, also no one supervising the crews
 

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Discussion Starter · #28 ·
Thats a lot of nails to leave behind. Some of the pictures show simple cleanup, i suppose you could overlook that if everything else was up to snuff. How did they damage the garage door?
I didn't see them do it, only saw the small dents, tar marks and all of the shingles up against the door, some had even slid under the door. I am 73 yrs old, had many homes through the years and this is the the first truly bad experience I have had. Frankly, I could have dealt with the mess if they hadn't damaged some areas and had done what they were supposed to do and done it correctly! Thanks for your input.
 

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Discussion Starter · #29 ·
1. Delete the picture of the roof vent.
2. You have done the right thing by hiring other roofers to check their work. Do that again, as often as needed, and deduct the cost from the original contract.
3. No breach, just poor work.
4. Delete the picture.
Thanks for your input. Having given my situation a lot of thought, I find that I do not understand why there was no breach of contract. I made a commitment in the agreement to not obstruct their access to the job or make it difficult in any way for them to perform per contract. Had I done that I believe I would have breached the agreement; and it would be reasonable for me to reimbursement them for having had material delivered and loss of productivity. So, if that is correct, why would they not be in breach by not completing the work according to standard accepted practices and leaving out important components detailed in agreement and that I was being charged for in the agreement? I am aware of my ignorance when it comes to what is or is not legal for sure! I have found in life that when the Golden Rule is followed good things happen! Thanks, Half-fast eddie :)
 

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Another reason to inspect the job before paying. You have their attention as long as you have their money. A breach of contract occurs when a court says it occurred.
 

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Ms Peg … contracts are complicated and im certainly not even close to an expert. Probably no one here is. One thing in your favor is that you are dealing with an established company with a real office … not somebody working out of their garage. The bad part is … the contract they gave you is written in their favor. It probably calls for mediation in the event of disputes, and that might not go your way. Point being,you need to be very careful not to breach the contract yourself. If you dismiss them improperly and call in another contractor to make repairs, you might be playing right into their hands.

If you break it down to the basics, the contract was for them to install anew roof. They did that. Unfortunately they did a bad job. On the commercial side where I work, correcting that falls under punch list work. Its great that you are holding their money, you have all the leverage. Bad publicity is in your favor … at some point if they are not cooperating or making progress, you might want to call a local TV station. Document everything. Insist on one of the owners meeting you at your home, and present them with a written punch list. List everything you possibly can, even small petty things. Later you can agree to ignore 15 or 20 very minor things as part of the negotiations, and hold firm to the ones that really matter. You can tell the judge you forgave 60% of the problems in good faith, but the rest is not negotiable. Didn't you say you have already picked up a lot of scrap? List that as a punch list item. List it on separate lines: nails in back yard; nails in driveway; nails in side yard; shingle scraps in back yard … etc. It makes the list appear much longer, and its legitimate.
 

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if you go on FB, Nextdoor, etc for your town. make a post asking if someone has delt with this company. don't get into details, just ask and maybe say you are not happy.

on my local FB page, there is a guy that offers to help people with their houses. one day he asked if someone wanted to make good money helping to do some drywall. so i go to help this guy, remember i am just the laborer, and this guy "literally" had "no idea" of what he was about to do. i honestly don't think he ever patched a hole in a wall. so i ended up supervising the operation. i was doing the work correctly, he and his 2 punk other guys, not even close, abysmal actually <fact. so those clowns were slapping the mud on there, at the same time making snide remarks about me working slower. 2 days, 4hrs each, and i was done.

my point. sadly, you need to know how things should be before they start doing work. and if/when it starts going bad, STOP them.
 

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Discussion Starter · #33 ·
Another reason to inspect the job before paying. You have their attention as long as you have their money. A breach of contract occurs when a court says it occurred.
Thanks "Old Thomas"! Of course, you are exactly correct. Was looking for a complicated answer for a simple question! A judge would have to be the final arbiter and I sure don't want to go there!! thanks again, Peggy
 

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Discussion Starter · #34 ·
That’s nothing compared to all the ones they had left last week @ my house and one on my moms brand new Cayenne tire, plus all my bushes too, I’m also holding final payment and having another company inspect the roof, I was actually using there magnet every single day at night to clean up my driveway for 5 days they worked on mine, also no one supervising the crews
l hope your inspector finds that the job they did is a good one. My thoughts were regarding my situation was if they didn't take care in cleaning up I had to wonder if they cared about the rest of the job. Would like to know your outcome, good luck!
 

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l hope your inspector finds that the job they did is a good one. My thoughts were regarding my situation was if they didn't take care in cleaning up I had to wonder if they cared about the rest of the job. Would like to know your outcome, good luck!
I'm waiting on the report, but they told me all the pipes and everything that requires some type of sealant and also exposed nails, don't have any and also some flashing is missing all for potential leaks not even mentioning all the other cosmetic aspects, my roofing contractor told me he was going to fix all the my micro details at the end, but he had already finished when I pointed out some of the micro details, interesting how they do things, backwards.
 

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Discussion Starter · #36 ·
I'm waiting on the report, but they told me all the pipes and everything that requires some type of sealant and also exposed nails, don't have any and also some flashing is missing all for potential leaks not even mentioning all the other cosmetic aspects, my roofing contractor told me he was going to fix all the my micro details at the end, but he had already finished when I pointed out some of the micro details, interesting how they do things, backwards.
Yes, it really is. Hopefully, with the report in hand, the contractor will return and fix all of the shortcomings. Pretty disconcerting to know our roofs have the potential of leaking or worse. Hopefully, both of our situations will be resolved soon.
 

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The good news is their contract is stamped with "Due upon completion." If they did not install the items identified in the contract, it sounds like they are not complete.
 

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Discussion Starter · #38 ·
The good news is their contract is stamped with "Due upon completion." If they did not install the items identified in the contract, it sounds like they are not complete.
Your right! I am in a better position not having paid them yet. I just hope they will do what needs to be done and correctly! Thanks for your input,
Peggy
 

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Discussion Starter · #40 ·
Peg … have you heard from the owners?
Today I received a message from a lady in the office saying she could not open the last inspection I sent this last saturday. Not sure what happened but working on a solution so I can resend. Thought they might respond a week or two ago when they received the first one. The building inspector's office replied to say they couldn't help me and that it sounded as if I would need to hire attorney. I really don't want to go down that road...thank you!
 
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