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How can I dispute exorbitant extra charges from a roofer? No…

How can I dispute...

How can I dispute exorbitant extra charges from a roofer? No change orders approved. Fee is more than triple sqft rate, materials marked up 200-600%, duplicate charges not acknowledged or removed, no regard or comment for leaks during work.

Lawyer's Assistant: What province are you in? It matters because laws vary by location.

Chemainus BC

Lawyer's Assistant: What steps have you taken so far?

Text and email with the estimator who agrees with me but ultimately is not disputing owner's charges against our conversations. Emails to owner asking for break down of fees, my replies challenging the logic and fairness. He claims overhead costs which he listed and that he charges by sqft. I calculated myself based on work and materials, then again using his breakdown with my challenges and standard markups and wages, and finally with his claim to use square footage, all came to $500 pretax. He wanted to add $2000 after tax and he tried charged me for work I did to my own fascia and overhangs. He came down to $1000 plus tax for add on work. Original bill was $15700+get. He also wants to charge visa fee and I'm waiting for proof of his MCC that he is an eligible merchant. Don't expct him to answer

Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.

I also saved his crew (2 torch-on roofers) a day's work and did my own sheathing repair with minimal help from the crew. Part of his negotiation is to credit me $500 but he won't explain how he came up with the figure

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11/14/2021

Lawyer: Debra, Lawyer replied 9 months ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 143,530

Experience: Lawyer

Verified

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

Do you have a quote in writing?

Customer reply replied 9 months ago

a final bill. The credit he gave me was in a photo of a post it note from the estimator. The final bill used numbers to add up to the total had my credit been applied. He is basically charging an arbitrary high price for a service I did not approve and offer me a tiny discount for my own work. It's robbery and insane he thinks I have to suck it up.According to his estimator he has a history of adding about $2000 to many similar sized jobs (often without added scope) with little justification

Lawyer: Debra, Lawyer replied 9 months ago

How much does he say you owe him in total?
When did he complete the work?

Customer reply replied 9 months ago

$16708.79 + GSTAround 20 Oct. Billed around 26th. Started late Sep/early Oct. Left bin in driveway a week longer than needed, hailed away before lawn cleaned up a week after that, took a week to get inspected, it's taken till about a week or two ago to get final bill and go through debates.Total job was about $7/sf roughly 2200sf about half shingles, half flat torch-on. Area in dispute is about 80sf. Roof leaked during work and overnight in between days they could work (rain). Torch crew left early, 4.5-5h days, dragging out completion, bin rental (by roof company owner). I just discovered a leak at the main plumbingng vent. Have not had estimate/inspection on wet ceilings yet.Torch on guy took shortcuts that were probably ok but estimator said in texts would be factored in but we're not

Lawyer: Debra, Lawyer replied 9 months ago

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

You clearly should not pay them this money. They are thieves essentially. They have to adhere to their "unless when they're doing the work they find that more work needs to be done and then they need to get your consent to go beyond the estimate.

On top of that it appears that they made serious errors and you're going to have to pay someone else who knows what they're doing to repairs their errors.

Because they just finished the work on October 20 they do still have time to register a lien but at the end of the day that won't matter because they have to sue you to perfect the lien and I don't see how they're going to win in court.

Does that make sense?

Customer reply replied 9 months ago

That was on new drip edge which I should pay for but took a couple hours with no extra torch work or liability over original quote to tar over existing edging. I can see paying $500 more for that and $500 more for the resheeted flat part but I did the sheet repair myself and the base layer (under new top layer already quoted) was nailed on in a few minutes rather than torch on (supposedly ok due to fire risk but I don't know for sure) and I helped the crews with other work "by my own choice" he says but I had to because they wouldn't. I don't need to get another free to fix it as far as I know... Unless you mean the leak damage?Crew to fix (typed free to fix)If I communicate this info to him and he still refuses, do I pay the original only or do I need a letter from a law firm to proceed? What if I refuse to pay anything. I'm worried about him suing me and who the burden of proof is on and if I can recoup legal feesI feel like it's a dumb idea to sue him or pay to defend myself for what is essentially a $500-$1000 savings. I'm also worried he will refuse a claim for damages and don't trust he will use his insurance. How do I get that going?When does he lose time to register a lien?

Lawyer: Debra, Lawyer replied 9 months ago

He has to register the lien within 45 days of October 20.

The lawsuit would be in Small Claims Court and you would self-represent.

Customer reply replied 9 months ago

if he tries to perfect the lien I can represent myself and it won't cost me anything?I wonder if I have 28 days to pay if I can run the time out. Of he started, does he get another 45d to perfect? I assume I will know of he registered a lien?

Lawyer: Debra, Lawyer replied 9 months ago

He has a year to sue and perfect the lien unless you provide him with a notice to commence and then he has 21 days to start the lawsuit.

Customer reply replied 9 months ago

I think if I pay the original invoice with explanation why the amount is small enough he might not pursue. Wondering if I should hold back 10% based on a Google search I don't understand. If so, would it be 10% of the original quote I keep and pay 90%? If I hold back 10% of his revised invoice I'd be paying a bit more than the original.

Lawyer: Debra, Lawyer replied 9 months ago

But if you are not going to pay him what he wants the 10% doesn't make sense.

The 10% is the holdback you keep so that if he doesn't pay a subtrade and they register a lien you have that money for them. You would only be liable for at most 10% of the full contract price.

Customer reply replied 9 months ago

Oh ok. What I read did not say what the holdback was for. Got it. So I should pay the original amount. Can I use the 28d contract law period to pay him after his option to lien expires if he has said payable upon receipt? There was no deposit or money down required

Lawyer: Debra, Lawyer replied 9 months ago

I don't think you should pay the original amount. You should not pay anything unless he signs a release. If he wants you to pay the original amount he has to sign a release that this satisfies the debt in full and that he cannot sue you.

Customer reply replied 9 months ago

How do I get a release? There is also water leak damage (not immediately visible and I haven't had an estimate done yet)

Lawyer: Debra, Lawyer replied 9 months ago

He isn't going to be willing to sign it as he wants a lot more.

So in my view you should not pay him a thing. You are discovering further problems.

I think you or a lawyer acting for you should send him a letter threatening a lawsuit.

Lawyer: Debra, Lawyer replied 9 months ago

Is there anything more I can help you with before I mark this question as complete?

Customer reply replied 9 months ago

He is acting like he isn't worried about a lawsuit at all. I know it's an act. Bit at the end of the day I'm willing to pay $500 more and his "final offer" is $1000 more. I've never had to make a claim for damages (the leaks) and always assumed the contractor would use their own insurance. He isn't even acknowledging it and I do t know the full extent yet. Should I cally own insurance company (cooperators) for that and pay him either the original/original plus $500 and see if he walks away? If he doesn't, I can defend the lien. Is that a good strategy or is it still worth trying one more time to send a threating letter then try one of these strategies?Sorry for the delay. I've been trapped between towns on Vancouver Island all day due to flooding

Lawyer: Debra, Lawyer replied 9 months ago

Well as you know, my view as he should not pay him anything right now. But sure speak to your insurance company.

Customer reply replied 9 months ago

We won't pay him and will call insurance. Thanks so much for your help. You can close the file. Thanks again!!!

Lawyer: Debra, Lawyer replied 9 months ago

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 143,530

Experience: Lawyer

Verified

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