Property

[Mn3281]

Property Damage

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

Hello, I live in California and while I was moving with a U-Haul when I ran into my neighbor's rain gutters on the side of their house. She got an estimate from her roofer who said that they would charge $700 to replace the gutter and two pieces of roof singles. Since I thought that this was very high for the estimate, the owner allowed me get another contractor estimate. The estimate turned out to be $250 and they would replace it with the exact same gutters. However, when I presented this to the home owners they declined and stated that the "roof warranty" would be void if we did not go with her contractor.

My question is weather I have any recourse to choose another contractor? What are my liabilities for the "roof warranty"? And how does home owner's insurance play into this?

Mr. Minh

 

[Just Blue]

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

Repost your 1st comment WITHOUT previewing. The preview function "eats" posts.

 

[quincy]

Interesting. Usually the malfunctioning preview feature eats the state name, too. . . . .

 

[Just Blue]

Interesting. Usually the malfunctioning preview feature eats the state name, too. . . . .

I think if the OP highlights only the post and not the state...just the hightlighted portion is "consumed".

 

[Just Blue]

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

Hello, I live in California and while I was moving with a U-Haul when I ran into my neighbor's rain gutters on the side of their house. She got an estimate from her roofer who said that they would charge $700 to replace the gutter and two pieces of roof singles. Since I thought that this was very high for the estimate, the owner allowed me get another contractor estimate. The estimate turned out to be $250 and they would replace it with the exact same gutters. However, when I presented this to the home owners they declined and stated that the "roof warranty" would be void if we did not go with her contractor.

My question is weather I have any recourse to choose another contractor? What are my liabilities for the "roof warranty"? And how does home owner's insurance play into this?

Mr. Minh

No you can not "choose" a contractor. You can pay the bill for the damage you caused. If you have liability insurance submit a claim.

 

[latigo]

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

Hello, I live in California and while I was moving with a U-Haul when I ran into my neighbor's rain gutters on the side of their house. She got an estimate from her roofer who said that they would charge $700 to replace the gutter and two pieces of roof singles. Since I thought that this was very high for the estimate, the owner allowed me get another contractor estimate. The estimate turned out to be $250 and they would replace it with the exact same gutters. However, when I presented this to the home owners they declined and stated that the "roof warranty" would be void if we did not go with her contractor.

My question is weather I have any recourse to choose another contractor? What are my liabilities for the "roof warranty"? And how does home owner's insurance play into this?

Mr. Minh

Neither this so-called “roof warranty” nor the supposed voiding of it has anything whatsoever to do with your financial liability to the neighbor! It is totally alien to the legal issues here.

Your responsibility is limited to assuming the REASONABLE COST of restoring the damaged structures to the condition as they existed immediately prior to the accident. Roof warranty or no roof warranty!

I agree that without her consent you have no legal right to make or have someone else make the needed repairs, but you can offer the $250 as payment in full satisfaction of your liability.

And if she refuses to accept it and sues you for the $700, you can have your contractor testify in rebuttal to her witness(es) on the question of the reasonable cost of restoration.

If I were you, I would tender the $250 then sit and wait for her to make the next move.

 

[LdiJ]

Neither this so-called “roof warranty” nor the supposed voiding of it has anything whatsoever to do with your financial liability to the neighbor! It is totally alien to the legal issues here.

Your responsibility is limited to assuming the REASONABLE COST of restoring the damaged structures to the condition as they existed immediately prior to the accident. Roof warranty or no roof warranty!

I agree that without her consent you have no legal right to make or have someone else make the needed repairs, but you can offer the $250 as payment in full satisfaction of your liability.

And if she refuses to accept it and sues you for the $700, you can have your contractor testify in rebuttal to her witness(es) on the question of the reasonable cost of restoration.

If I were you, I would tender the $250 then sit and wait for her to make the next move.

I agree...partially because I asked my contractor brother if 700.00 was reasonable to replace a section of gutter and two shingles and he said that sounded quite high.