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Joseph
Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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hired contractor to install new roof - told him plywood needed

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hired contractor to install new roof - told him plywood needed to be replaced - roofer tore off old roofing and installed roofing felt - called contractor and said why no new plywood - he said not bad as thought - just replaced couple small squares - roofer knows what he doing - contractor sent another worker to repair rotted fascia under eaves - his worker showed us rotted, molded roof that should have been replaced and was not and new roof is done - had another contractor look in attic and entire roof plywood 90% covered in black and white mold - roofer had to see the mold and rot and covered it with new roof - where does his resposibility lie now that he has frauded us - have not paid him for work yet as he is hunting in eastern oregon and does not know supposedly about the coverup. Mold has been compromised with the banging on the old plywood - obtained a $ 400 dehumidifier but still worried about mold spore as I have a four year old grandaughter and disabled husband in the home.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

You could sue him for fraud and negligence if his work damaged the existing mold situation. Depending on how much you already paid him, you may be able to file suit in small claims court as long as your damages are less than $10,000.

You can find more information about the small claims process at the Oregon State Bar's site here:

http://www.osbar.org/public/legalinfo/1061_smallclaims.htm



I hope the above information is helpful.

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Thanks and best of luck!

-Joseph
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Customer: replied 3 years ago.


Have not paid him anything - can I withold payment until the roof is fixed correctly and will I have to pay for a new roof on top of the $ 5,200 I was supposed to pay him the first time

Yes, you are definitely well within your rights to withhold payment until the roof is fixed correctly.

You certainly legally shouldn't be required to pay $5,200 on top of a new roof if nothing was fixed correctly, and indeed, the mold condition may have worsened as a result.

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