Expert: Morgan Smith - 9/29/2011

Question
I bought my home in July of 2010 and just had enough of the rain coming in the ceiling, and recently enough money to fix it. For background, I have a three story home. It is a town home connected on both sides to other homes. On the one side where it leaks, my neighbors home is about two feet shorter and their top floor extends to about half the length of mine. On top of my flat roof, I have a deck that overlooks the city. Typically, the way these decks are installed are four wooden posts coming out of the roof. Over time, the wood becomes more brittle, and can cause leaks. I have never had any contractors do any sort of repairs before, so I went into the whole thing ignorant to the process.

My leaks were coming into through my roof at the points where the posts entered the home on the third floor and also down on my second floor in the corner below the deck. Back in May, I contacted a roofing a company to come out and seal my roof with an aluminum based coating (something that had never been done to my home). The guy came out and wrote up an estimate and gave me a one-year guarantee to come out and look at the roof if I had any further leaks. He charged me a flat $900, and I paid him after the work was done with a check. The only "contract" I have is the original estimate he wrote on.

Well Irene happened four months later, and my house was a soggy mess. I contacted them and the same guy came out. I pointed out where the water had come back in. He came and looked at everything and pointed out some additional problems. He said he would do everything I can to fix the leaks and rattled off a couple things he would do. All for the low low price of $1100. I thought that was steep. He said he would come out to my home at 11AM the following week to do the repairs, and I shook his hand and agreed. There was only the verbal agreement but no written documentation or estimate. I asked him if he needed me to be home for the work or if he would just crawl up there on a ladder, he said he would prefer if I was home.

So the day comes, I take a day off work and leave at 10:30AM to drive home. I'm in my house waiting, no call no show by this guy. I'm kinda like, okay well I guess he doesn't want my money since I haven't paid him anything yet. I leave my house at 1:30PM because I'm tired of waiting and have to get back to work.

I get a call at 3:40PM from a man works for the guy who did the estimate saying he was there doing the repairs and how I wanted to settle up. I tell him I'd be home from work at 5:30PM. He said if he was still there, great, if not he would catch up with me at a later date.

I get home at 5:30 and he isn't there. I look at the work done, and frankly, I'm not thrilled. They basically bent a piece of metal and tacked it onto the side of my house, slopped some roofing tar onto the edge of the house, and put some tar around the area where my neighbors roof connects to mine. It looks sloppily done, and at most put in four hours of labor. I'm guessing this figure is closer to two. And they want $1100.

I'm supposed to meet this guy after work today, but I want to know my options. I had a verbal agreement and a handshake to pay $1100 to this company. No documentation other than my word. I don't feel they did that much work, and I'm not happy with the work they did. I'm not happy that it was requested that I be at my home for the repairs at 11AM and they don't show up until maybe quarter of four; I took a day off of work for this. I also had a flimsy guarantee from my initial work done by the company in May.

Am I obligated to abide by the verbal agreement? I dont feel they've lived up to their end. Shouldn't a roofing company have written contracts? What are my options? This is Maryland btw.

Answer
Dear Greg,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about contracts, particularly verbal agreements.  

A verbal agreement is a type of contract, and a litigant can win a judgment based thereupon if they do a proper job of persuasively proving the terms of the agreement and a breach by the other party, among other requirements.  Your question about whether you have to "abide" your agreement is interesting.  Although a mother or teacher would answer that we should all keep our promises, the court system will not necessarily make a party do so.  Consider that large corporations break written contracts from time to time because even though they have some exposure to liability for doing so they have business considerations that make their own breach a positive business decision despite the liability costs.

Further, it sounds to me like your case certainly does involve a written contract.  You have a written estimate, and a check at least on paper, and those two documents sound like they are written to me.  The terms of your subsequent handshake and verbal agreement may be affected by the original written terms, and you would do well to examine those documents.

It is likely that during your meeting with the guy that you will have a strong difference of opinion.  I suggest caution and restraint, and if things get nasty call the police.

I recommend that you bring your information to an attorney licensed to practice in your state right away.  You may do well to search for an attorney who does construction cases.  The laws in your state may specify the form and contents that a contract is supposed to have, and knowledge of those laws may be helpful to you.  I imagine you may have other defenses that you may wish to interpose if you are sued over this problem.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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