Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

We had storm damage on our garage roof. we contacted a

Customer Question
roofer through home advisor, and...
we had storm damage on our garage roof. we contacted a roofer through home advisor, and he was the only one who responded. He came out, examined the roof, sent us a quote, and worked with the insurance company. The roofer was going to replace the roof with the same type roof that matched the main house. Again, he worked with the adjuster to get approval for the more expensive material. He asked for 75% payment up front to purchase the materials, and after we confirmed with the adjuster, that there is occasion where the contractor might be a small operation and need payment up front. He encouraged us to pay the roofer to get the roof installed. Do you see it coming? No roofer, he came to pick up his $9600.00 and all communication stopped. We have emailed him and left voice mail messages. What is our next course of action? We have paperwork, emails, documented phone calls.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: Not yet, we are going up this weekend, and I need to know what steps to take to get out money back.
JA: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money.
Customer: Not the money for your service, the roofer is what I need advice about. What is the next step we should take?
JA: Anything else you want the lawyer to know before I connect you?
Customer: connect me please
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
11/2/2016
Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,558
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Do you have a written contract with the roofer?

.

When was work supposed to start?

.

Do you have a physical address for the roofer?

.

Is he licensed and insured?

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 year ago
we have a contract, and a quote, several emails. He started the work on 9/23/16, ripped off the old roof and put the black tar paper down. I have an address that we located on line.
Customer reply replied 1 year ago
What recourse do we have with the insurance company, who encouraged us to pay him ahead of the work being done?
What is the next step we should take to get our money back from him?
Customer reply replied 1 year ago
are you with me?
Lawyer: Barrister, Attorney replied 1 year ago

Ok, at this point, it would appear that the roofer is clearly in breach of contract as the new roof should have gone on the same day or a day later after the tar paper went on...

.

With that said, if you can track the roofer down, you can sue him for breach of contract for the remainder of your money back minus whatever the reasonable of the initial work is worth..

.

But the problem, and I am sure you probably realize this, is that contractors like this are typically deadbeats who don't have any money and has spent yours on their bills. That is why no one will extend them credit....they have been stiffed before.

.

With that said, you can try to pursue this from a fraud angle by filing a criminal complaint with the local DA and see if they will take up the case as it appears clear that the roofer had no intention to finish the job and was going to keep your money, which is fraud.

.

As for the insurance company, they were foolish to encourage you to front the money, but the ultimate decision was yours so you can't hold them liable..

.

So your recourse here is to see if you can track him down and then sue him civilly for breach of contract and also contact the local DA to see if they will go after him for fraud and theft by deception.. On the odd chance that he has insurance, you could file a claim with his insurer if he has one listed on the contract. But generally these type of people aren't insured..

.

I would also contact your insurer if you haven't already to see if they could offer some type of assistance with tracking the person down and threatening them with some type of insurance fraud claim...

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 year ago
ok, so we will start with the DA and go from there. We will contact the insurance company and see if they can help track him down and threaten fraud. Thanks for the information, it has helped.
Lawyer: Barrister, Attorney replied 1 year ago

You are very welcome. Happy to help any time, even if it isn't great..

.

.

All the best to you and yours.

Barrister

Ask Your Own Legal Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,558
39,558 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I have a breach of contract issue that I believe would or
Hello I have a breach of contract issue that I believe would or should meet the Threshold of special damages, even punitive damages. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Recently I sent a Cease and Desist w/ breach of contract to
Recently I sent a Cease and Desist w/ breach of contract to a company in Texas because they no longer offer a product and do not have the product anymore that was listed on the original contract. I or… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Breach of contract far as im concerned.wife used store
breach of contract far as im concerned.wife used store credit card without permission.she doesn't have a card and name not on account.3 names on card;me,issuing bank,and store name.if the 3 of us do b… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was named in a Breach of Contract Notice but I am not
I was named in a Breach of Contract Notice but I am not contracted with this party, I am contractor with the sub. Not sure how to proceed to make sure I get paid … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is it a breach of contract if the custodial parent moves the
Is it a breach of contract if the custodial parent moves the children to a different medical insurance without notice?From the Final Decree: The court finds that Health and Dental Insurance for the children is available at a reasonable cost to the Father....If, at some point in the future, the Mother becomes eligible for insurance and wants to move the Children to her policy and Father agrees, Father shall be responsible for 50% of the cost of insurance; Father may refuse to transfer the Children to Mother's policy if his portion of the cost of such policy exceeds the premium he then is paying for comparable coverage through his employer.Today: I discovered, the Mother now has free insurance for the children. She switched the kids over to the new policy 2 years ago. However, I've been paying about $450 per month. Which means, I'm paying $450 for no reason. Is this willingly breaching a contract with the intent to cause financial harm? Or, what would be the outcome of this?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
When someone breaches a contract what happens with the
When someone breaches a contract what happens with the contract by law? … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
I received a summons for breach of contract with Lowes
I received a summons for breach of contract with Lowes credit card. My income is Social Security, I am 64. My husband is not on the contract, but is 76 years of age and is also on Social Security and … read more
John
John
Attorney
Doctoral Degree
5,864 satisfied customers
I have someone who breached their contract by breaking an
Hello, I have someone who breached their contract by breaking an NDA and I am trying to find out if the evidence I have is enough to bring charges against them. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
I am being sued for breach of contract by a financial
I am being sued for breach of contract by a financial advisor who has sent me an a time list of "extra services he has performed that,he claims, outside his contractual fees. He is suing me for $33,00… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am being sued for breach of contract but i did not breach.
I am being sued for breach of contract but i did not breach … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I had a breach of contract with a venue, they did not want
I had a breach of contract with a venue, they did not want to host my event again despite having a paid in full contract with them months prior to the event date---i want to take them to small claims … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a breach of contract action in progress that requires
I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made c… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
The attorney for the defense, in a breach of contract civil
The attorney for the defense, in a breach of contract civil suit, while talking to the pro se plaintiffs admitted that his client did in fact breach our contract. What can the pro se due with this adm… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
In reguards to auto insurance and their breach of contract
In reguards to auto insurance and their breach of contract by not fulfilling their agreement with me … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x