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Frivolous law suit?

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P

pravenelle

Guest
We are in Virginia & contracted with a roofer for a new roof for $4,000 - there were problems with the new roof so we didn't pay - we wanted them to fix it. They filed suit for payment. In the meantime, we finally got the roofing owner to the house, and he agreed that he needs to redo the whole roof! The lawyer wants to keep the trial date on the docket in case we don't pay after the new roof is put on! He says there is time to put the new roof on. We're skeptical.

First, we think they were premature in filing suit, the job was not done! Second, we're concerned about this appearing on our credit history. What should we do?
 


JETX

Senior Member
At this point, your only defense is that IN YOUR OPINION he didn't do a proper job. Since that is a subjective position, you would need to have a couple of independent 'experts' willing to testify that the roof was incorrectly installed, etc. This would be fairly costly for you.

I would suggest that you get a written agreement from the roofer. Have him state in the agreement that the 'original' job was not done correctly and that he will redo the job (this should defend you against the current lawsuit). When the roofer re-does the job, pay him. If his re-roofing is not correct, you will have to sue him.
 

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