How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88627
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

In October of 2001 I entered into a contract to have a Tamko”

Resolved Question:

In October of 2001 I entered into a contract to have a “Tamko” brand 25 yr shingled roof put on a rental home. The contract specified “Tamko, Rustic Cedar”. My final bill referenced “rustic Cedar”, the tamko specific shingle, was used. There is absolutely NO language allowing for any type of substitution.

Around November of 2008 I was alerted to the fact that the roof was failing (unbelievably) . I brought this to the attention of the original contractor and asked if they had been having problems with Tamko roofs. The secretary pulled my file and advised me that I had “Certainteed” brand shingles listed on the invoice from their supplier. That there was a class action suit and that I should take it up with Certainteed. I also discovered that it wasn't uncommon to substitute another brand rather than have a crew not working when they are out of the requested brand. “They look the same”.

I sent a letter to the owner of the roofing company asking to discuss a resolution. No response. I contacted the BBB, and they are pretty much toothless. An Attorney, Friend, sent a demand letter with no response. Since then I have had other business to attend to and had to back burner this until now.

I am in Nebraska.
To contract for Tamko, Bill for Tamko and then slip in CertainTeed is fraud of some type, at the very least it is a breach of contract.
I believe the statute of limitations is 6 or 7 years from discovery. ? Am I correct?
In Nebraska can I sue for attorneys fees?
I have the contract, the final invoice, and a recently secured copy of the delivery invoice from the supplier to the roofer with my address on it that shows the wrong type of shingle clearly listed .
This is a large roofer in the area. Should I sue for fraud or breach? This is a $4300 (in 2001) or $7500 deal in 2010 dollars. I want the roof I contracted for. What is my best course of action?
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 years ago.
Under Nebraska law actions alleging a breach of warranty and construction defect are governed by a four-year statute of limitations (which may be extended by two years if the cause of action is not or could not reasonably have been discovered within the four-year period) and a ten-year statute of repose for latent defects. Additionally, there is a 5 year statute of limitation from the date of the breach on a breach of contract claim. Thus, you would have to pursue this on a breach of warranty on latent construction defect. You would need to hire an attorney to pursue the company on this matter and you need to read your contract as well to see if it specifies whether or not arbitration is mandated or you can go straight to filing suit in court. You would be entitled to replacement of the roof at whatever it costs today and attorney's fees would be at the discretion of the court depending on whether or not the court finds they were in bad faith.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

YOU CAN ALSO GO TO http://www.justanswer.com/lp/19qy-PaulMJD and request me.

Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88627
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello Paul,

Yes I just read the contract and there is no provision for arbitration. I suppose fraud would require I show intent were as a the latent defect is easier in that the defect is the shingle used. You mentioned "breach of warrantee" ..isn't there a breach of contract? Also for statutes of limitations calculations isn't date of discovery factored in? In construction I would think there are many ways to hide things so they won,t show up for years.

Expert:  Law Educator, Esq. replied 3 years ago.
Yes, proving fraud you have to prove they had an intent to defraud you which is a heightened burden of proof. On the breach of contract the statute runs from the date of the breach or the date it should have reasonably been discovered, so you would have to argue that point in your suit as to when it should have reasonably been discovered. When you sue you would include all of the causes of action, breach of contract, breach of warranty, construction defect as a latent defect. You would also include the manufacturer in your suit as a party under product liability. The law allows you to use the shotgun approach or the alternative theories to recover, so you mention all of your theories to increase your chances of one of the theories sticking.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88627
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 3 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions