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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118779
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We entered into a contract with a construction group who rehabs

Customer Question

We entered into a contract with a construction group who rehabs and renovates rental property. Our contract (and emails) called for 2 items which I feel were not properly carried out. A new roof was to be installed. Does this mean all new roofing underlayment material was to be replaced or only some of the material could be replalce?
The bathroom was completely gutted, and an under-mounted sink was requested in the only bathroom. The sink has no hole in it other than the stopper to protect against overflow. The sink that was taken out had an overflow and this is a rental property. The bath tub area had a towel rod at the back of the tub. No towel bar was replaced except at the expense to the owner?
The whole house was renovated, including replacing HVAC, windows, new siding, hot water heater etc.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer your first question, if the contract does not specify full replacement, then only some items can be legally replaced so long as the roof itself (the top layer) is all new. That is why writing and reviewing contracts is so important under the circumstances.
I am a bit unclear as to your issue on the second point. Could you please clarify so I can understand what the defect may be, and why you feel the group may be at fault. Please advise. Is the the issue that the items replaced are not identical in nature?
Customer: replied 2 years ago.
The sink is functional. With the stopper is in place and the sink is filled with water there is no where for the water to go but on the floor if the sink should overflow. Isn't that why the hole is in the back of the sink to prevent such accidents?
Expert:  Dimitry Esquire replied 2 years ago.
Oh, I see, you feel that the design of the work is faulty?
Customer: replied 2 years ago.
Dimitry. Thank you for your response. It was not helpful, but thank you for taking this inquiry.
Expert:  Dimitry Esquire replied 2 years ago.
My apologies, I am simply trying to assist. If you wish I can opt out and open this question to others, but likely due to the time of night you may end up waiting until morning. Please advise.
Customer: replied 2 years ago.
If you would opt out. I will wait until morning, if you will open the questions to others. I forgot about the time of night. Thank you.
Expert:  Dimitry Esquire replied 2 years ago.
Not a problem, and please take care.
Customer: replied 2 years ago.
You as well. Good night.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a different contributor.
If your contract stated they would install a new roof, that means an entire roof, including underlay, shingles and replacing any boards as required. It does not mean resurfacing a roof in the language commonly used in the roofing trade. If they failed to do so or did a negligent job at providing the new roof, then you have grounds to sue for breach of contract in their negligent work.
As far as the bathroom, while you may have wanted a sink with an overflow, if the contract did not specify, this is going to be a bit more difficult. You would need to get an expert in remodeling rental units to examine their work and they would have to testify that the industry standard for such installations would be a sink like you describe and not a sink like they installed. If you can get an expert to testify their work was below the reasonable standard for a company providing rental renovations, you could seek to sue to make them replace the sink or for the cost of having someone else do so for you.
If they removed a towel bar, they should have replaced the towel bar and they can be liable for the cost of that as well.
You need to start by getting an expert to come out and inspect all of the work and write a report on what was done improperly and the expert will have to testify in court so you can sue the company for your damages.