Roofing Errors

[DesMoinesIowa]

What is the name of your state (only U.S. law)? Iowa
Recently contracted to have roof removed & replaced, the roofer didn't cover a portion of the roof overnight and a substantial amount of water can into the house. They did proceed to complete the roof in a timely fashion. Our insurance company is covering the damage, but I have taken a significant amount of personal time and lost use of the house during the 10 days and counting to fix the damage(repairs are still in progress).
I have remitted approximately 75% of the payment to the roofing company, they're threating to sue for the remaining balance. I'm contending that they do not have a valid contract because they didn't perform to the terms of the contract (having water in 6 of 7 upstairs rooms wasn't in the contract). I feel that my offer is fair and equitable due to the fact that their error caused all of the problems.
My question is will my contenting hold up in court?
I can't imagine that the court would rule that the contractor is due the entire original contract balance considering the mistakes that were made.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[12345672]

You probably owe the entire amount, but have a counter claim against them for your damages. The builder should be willing to settle out of court.

Is your insurance going after his insurance?

[HomeGuru]

Originally Posted by DesMoinesIowa

What is the name of your state (only U.S. law)? Iowa
Recently contracted to have roof removed & replaced, the roofer didn't cover a portion of the roof overnight and a substantial amount of water can into the house. They did proceed to complete the roof in a timely fashion. Our insurance company is covering the damage, but I have taken a significant amount of personal time and lost use of the house during the 10 days and counting to fix the damage(repairs are still in progress).
I have remitted approximately 75% of the payment to the roofing company, they're threating to sue for the remaining balance. I'm contending that they do not have a valid contract because they didn't perform to the terms of the contract (having water in 6 of 7 upstairs rooms wasn't in the contract). I feel that my offer is fair and equitable due to the fact that their error caused all of the problems.
My question is will my contenting hold up in court?
I can't imagine that the court would rule that the contractor is due the entire original contract balance considering the mistakes that were made.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

**A: what are your dollar amount of damages?

[DesMoinesIowa]

Yes my insurance is going after his insurance.

He has no interest in settling out of court, their contract states that the work will be perfored in a "workmanlike manner"; Can I use the damage to prove that work wasn't performed as stated in the contract?

Have you had any experiene in similiar cases? How likely is the court rule in my favor on the counter-claim?
I have approximately 25 hours of missed work time and our house was 112 degrees for 6 days to thoroughly dry the water.

Not sure what the cost of repairs will be, I would imagine several thousand dollars. The repair company had to remove all of the insulation, and bring out drying equipment three times along with painting and drywall repair