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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26154
Experience:  16 yrs. of trial experience
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I hired a roofing contractor to replace the roof on my house.

Customer Question

I hired a roofing contractor to replace the roof on my house. They damaged multiple areas of my property in the amount of about $2,000. The contractor did give a discount on the total but it was not even close to the $2,000 worth of damages. The final invoice was short paid $500 to this contractor. The check said final roofing check and it was cashed. I have estimates of all damages. I received a letter from an attorney on the contractors behalf requesting I pay them the full amount of the invoice or dispute this with a letter returned to his office. I WILL NOT PAY THIS. How should I proceed?
Submitted: 9 months ago.
Category: Legal
Expert:  P. Simmons replied 9 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

What you describe, if the contractor damaged your property in the course of completing the contract? Then the contractor is liable for the damages incurred. Example: Say that there was a contract for $10K, and in the course of completing the contract, the contractor damaged your property to the tune of $2K? That would allow you to demand that the contractor either repair the damage caused or to reduce the fee by an amount to allow you to have the damaged property repaired.

But to require the contractor to repair the damages, or reimburse you for the cost of the damages, you must give the contractor notice, in writing, and an opportunity to correct the problem.


At this point, consider drafting a letter to the contractor that details the damages they caused. Also consider including a bid or two from a separate contractor contractors that gives a repair cost of the damages. Photographs can be good as well, to document the damages (in case you have to go to court, photos can be very helpful)

If they try and sue you, and you can prove they caused the damages, the court will require them to pay for the damages before they can be paid on the contract.

But you want to put this request in writing and give the contractor the opportunity to correct this problem to solidify your court case.


Please let me know if you have more questions...happy to assist if I can
Customer: replied 9 months ago.


Their lawyer is asking for a response to his letter. He wants me to write him back if i dispute payment. Should I respond to their lawyer or send a letter directly to the contractor?

Expert:  P. Simmons replied 9 months ago.
At this point you can do either. But best if you send to both. And, frankly, at this point since the contractor has a lawyer, you may want to consider having a lawyer represent you. If this lands in court, you will need one.
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26154
Experience: 16 yrs. of trial experience
P. Simmons and 15 other Legal Specialists are ready to help you
Customer: replied 8 months ago.

I gave you a good rating already. Thanks again.

Expert:  P. Simmons replied 8 months ago.
Hey sir...sorry for the confusion. Just Answer sends out automated emails on occasion. Sounds like that happened. Best of luck to you sir

Phil

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