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Barrister, Attorney
Category: Legal
Satisfied Customers: 33228
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I own a building that recently required placement of a new

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I own a building that recently required placement of a new roof. This roof was done at my own cost. The roof was placed 08-2011. After placement of the roof I had noticed bubbles within the urethane material. The contractor was notified immediately and he assured me this would seal back down with time and heat from the sun. Simply put this "sealing" never occurred and now I'm back to a leaking roof including interior damage to the ceiling and lighting fixtures.

No less than four times have I attempted to call and left messages for the contractor. I told him within the voice mail left, I expected the roof to be leak proof. One call to the house I spoke with his wife whom was rude and stated I could reach him on his cell phone. I have heard nothing from him.

I'm ready to send him a certified letter stating I will pursue legal counsel and if necessary litigation to rectify the situation.

Is this the right step or should a hire counsel now?

Both the contractor and myself live in Kansas. Appreciate our time.

Thank you
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
Did you receive any type of written warranty with the roof replacement?
Have you had the roof checked out by another roofing company to determine the source of the leaks?
Have you gotten estimates on the cost to repair the leaks?
Have you documented the leaks with photos or video?
Customer: replied 3 years ago.

Here are my responses to your questions.

I do have a written warranty. It's good for five years.

I have not had another roofing company look at the source of the leaks.

I have not gotten estimates on costs to repair the leaks.

I have not taken any pictures or videos, the proof is in the leaks that are showing up inside the building. The contractor that did the original work, knows it is leaking as he has come and looked at it and looked inside the building.
Ok, thank you for that information. If it were me in this situation, I would have an attorney send him a "demand letter" stating that if he didn't honor the warranty and repair it within X days (you determine what is reasonable) you will have it repaired and then sue him for the cost.
He may be blowing you off because he doesn't think that you will take legal action and a letter from an attorney may "encourage" him to make you a priority in repairing the defects.
In the meantime, I would go ahead and get a couple companies to come out and inspect and give you estimates to repair. If you actually have to sue him for breach of contract, the judge won't order him to come out and repair, he will just award you whatever the cost is for you to have someone else repair the problems.
If you send a demand letter, it also looks good to a judge as it shows you have acted in good faith all along to try to work this out before you finally filed suit.
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