Roofer Failed To Install Item Called For In Contract

[JimShoe]

What is the name of your state (only U.S. law)? KENTUCKY

I signed a contract for a new roof February 2015.

My roofer included an item called ICE GUARD as part of the roof.

His crew failed to install it.

Neither he nor I caught it until I found out this week it was not there. He came and double checked, confirmed it was missing, apologized and offered to refund me the 78 dollars he charged me for it.

I said no, I want the item installed.

Can I force him to come back and do it now, no matter what it cost him at this point?

Can I sue him for damages if he does not as a breach of contract?

 

[LdiJ]

What is the name of your state (only U.S. law)? KENTUCKY

I signed a contract for a new roof February 2015.

My roofer included an item called ICE GUARD as part of the roof.

His crew failed to install it.

Neither he nor I caught it until I found out this week it was not there. He came and double checked, confirmed it was missing, apologized and offered to refund me the 78 dollars he charged me for it.

I said no, I want the item installed.

Can I force him to come back and do it now, no matter what it cost him at this point?

Can I sue him for damages if he does not as a breach of contract?

Lets break this down....

You are in Kentucky...while you do have real winter in KY anything called "ice guard" is probably not something you actually need.

Anything called "ice guard" that only costs 78.00 is probably something you do not actually need even in Minnesota.

You are not going to get anything more than 78.00 plus whatever it costs you to take him to small claims court if you take it to court.

 

[Zigner]

Lets break this down....

You are in Kentucky...while you do have real winter in KY anything called "ice guard" is probably not something you actually need.

Anything called "ice guard" that only costs 78.00 is probably something you do not actually need even in Minnesota.

I agree on the above points.

You are not going to get anything more than 78.00 plus whatever it costs you to take him to small claims court if you take it to court.

I disagree on this point. The OP is entitled to have what he paid for. If the contractor won't do it, then the OP is entitled to be compensated for what it costs for someone else to come in and do it (less the original $78, of course.)

ETA: For reference: http://en.wikipedia.org/wiki/Snow_guard

 

[LdiJ]

I agree on the above points.


I disagree on this point. The OP is entitled to have what he paid for. If the contractor won't do it, then the OP is entitled to be compensated for what it costs for someone else to come in and do it (less the original $78, of course.)

ETA: For reference: http://en.wikipedia.org/wiki/Snow_guard

I am pretty sure that "snow guards" and "ice guards" are not the same thing...despite google.

 

[Zigner]

I am pretty sure that "snow guards" and "ice guards" are not the same thing...despite google.

At the risk of relying on Wikipedia:

Other commonly used names and terms for snow guards include:

Snow bracket
Snow brake
Snow stop
Snow shields
Snow clip
Ice guard
Snow fence (non-highway type)
Snow rail
Snow blox
Snow jax
Ice blox

 

[LdiJ]

At the risk of relying on Wikipedia:

Other commonly used names and terms for snow guards include:

Snow bracket
Snow brake
Snow stop
Snow shields
Snow clip
Ice guard
Snow fence (non-highway type)
Snow rail
Snow blox
Snow jax
Ice blox

I live somewhere that most years gets LOTS of snow...I do not remember where you live.

However, if something cost 78.00 and was called "ice guard"...I would laugh at it.

Seriously, can you imagine your wiki link costing 78.00?

 

[Zigner]

I live somewhere that most years gets LOTS of snow...I do not remember where you live.

However, if something cost 78.00 and was called "ice guard"...I would laugh at it.

Seriously, can you imagine your wiki link costing 78.00?

Fair enough - the only snow I've seen at my house comes from the guy selling snow-cones from his little cart.

 

[single317dad]

Ice/Water Guard is a roofing underlayment membrane. In layman's terms, that's a sheet of a plastic-like substance that helps protect against ice dams that will rip your shingles and/or gutters off the house. Depending on the size of the roof, $78 might have been a fair price for the materials alone. The additional labor to install it would have been included in the labor portion of the quote.

I wholeheartedly disagree that this material could be considered "useless", whether in Kentucky or Minnesota.

At the very least, the homeowner is due the cost of the membrane PLUS the installation charge (which is not yet known). At most, I'd be fighting to get the job done right or the contractor held responsible for his mistake when/if damage occurs later that could have been prevented by proper installation. The fact that this is not an easy oversight to remedy does not in any way reduce the contractor's responsibility to do so.

The real lesson here is to know what you're buying and supervise the process to be sure you get it. Never hire a contractor to do a job you really don't understand fully, then simply walk away and assume the job is done correctly. I'm not saying that's what happened here, but it happens all too often.

 

[justalayman]

I am pretty sure that "snow guards" and "ice guards" are not the same thing...despite google.

Ice guard

http://www.gaf.com/Other_Documents/Legacy_Products_Discontinued/ICEGUARD/ICEGUARD_Application_Instructions.pdf

and $78? Either it was a small house or the contractor grossly undercharged for it. Depending on the actual brand used (Ice Guard is a specific brand of stuff) is usually around $1-$2 per running foot and it is used along the entire lower edge of a roof. A house 50 feet long wiill require 100 running feet of it (if it is just a simple roof)


some areas require it be installed. OP would have to check the building codes in their area.


and anywhere there are freezing temps and any snow it is a good bit of insurance.


and contrary to dad's description of its purpose; it will do nothing to prevent your gutters or shingles from being ripped off. What it will do is waterproof the area it covers so if you have an ice damn, it prevents the water that will end up under your shingles from soaking through the roof and into your attic space or wall. You will still have ice damns which can still rip off shingles or gutters. It does nothing to prevent those.


and what the OP is due is the cost to rip off the lower 3 1/2 feet of the new shingles and install the ice guard and then have shingles reinstalled. He purchased a package that cannot be priced out separately.

It would be like paying to have your car painted and the body shop was also supposed to repair some rust spots but didn't. The damages are much greater than simply the cost of material or even material and labor. INstalling the ice guard now is going to be very expensive and many times the cost of materials and labor for it.

 

[single317dad]

and contrary to dad's description of its purpose; it will do nothing to prevent your gutters or shingles from being ripped off.

I'm not familiar with the brand name, but the product I know is also an additional insulator to help prevent ice damming in the first place. Keeping warm attic air from melting the under layers of snow while the outside air is refreezing it into ice is the goal, though it cannot help with solar warming of the shingled surface. The product I'm familiar with is closer to $0.50-$0.75/ft.

No disagreement on the contractor's responsibility. The OP deserves a job done completely and correctly.

 

[justalayman]

I'm not familiar with the brand name, but the product I know is also an additional insulator to help prevent ice damming in the first place. Keeping warm attic air from melting the under layers of snow while the outside air is refreezing it into ice is the goal, though it cannot help with solar warming of the shingled surface. The product I'm familiar with is closer to $0.50-$0.75/ft.

No disagreement on the contractor's responsibility. The OP deserves a job done completely and correctly.

never heard of the product or even the reason as you describe. I cannot imagine something .060" or so thick providing enough insulation to be of any benefit.


the trick is; you don't have a warm attic. Proper insulation and proper venting prevent a warm attic. Ideally the attic is the same temp as the outside air.


from iceguard's site:

Elk IceGard MS is a self-adhering roofing underlayment. It is designed to
provide superior protection from roof rot and decomposition in a range of
environments. This mineral surfaced, SBS-modified asphalt membrane is skid
resistant. Its flexibility makes it a perfect cold weather product in protecting
against water penetration from ice damming and wind-driven rain. Elk
IceGard PS+ retains the same benefits as Elk IceGard MS, but is
manufactured with a special, polymeric slip-resistant surface. These superior
self-adhering products are ideal for application in eaves, valleys, ridges,
skylights, chimneys, vent stacks, dormers, low-slope and and roof-to-wall
intersections.

All-Climate Self-Adhering Underlayment
Protection against water penetration from ice damming and wind-driven rain.