Question It hailed and a roofing contractor contacted me. I singed an agreement with no numbers. I became uneasy and cancelled the contract by phone to the company and there representative. I hired another company who was slow. Three months later the first company installed my new roof. The second company said they put it on. I get a call from the first stating they put it on. I told the first that I was under contract with someone else and cancelled there's and they should not have been on my roof. I called the city inspector for roofs. The new roof is no good. It failed, the nails went all the way through the tiles. They installed it on a cold day and the tile are wrinkly and can blow away in a strong wind. The second company released me from my contract. What are my obligations with the first roofer when I do not want him to touch my roof?
Answer Dear Patricia,
The problem with these natural disasters is that the good contractors get busy very fast and the cowboy builders move in to close the gap and make a quick profit.
I would say that you owe the first contractor nothing, but rather he owes you. He has done work which is not fit for purpose. Before he can charge you anything, he must repair the work and remove all leaks and replace all substandard materials. You might even have a case for trespass. However, once he has repaired all the poor work, then you would be liable to pay him.
Your real problem is how to get an acceptable roof, especially if the first contractor refuses to repair his work. It will probably be more expensive, as any contractor would have to remove the existing roof before installing a new one. I suggest that you have a word with your local better business bureau about your alternatives.
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Thank you for your answer. It is helpful to get feedback. I am looking further into this situation as indeed it is complicated.
First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.
Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit.
George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
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The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')
Organizations Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation
Education/Credentials B Sc(Hons) in Civil Engineering