What is the name of your state? WV
On June 20 of this year, I paid a contractor $5,300 in full for the installation of a metal roof. The roof was still incomplete, but he requested to be paid in full because he said he could not finish until my siding contractors finished installing fascia. I complied to his request and paid him in full. He promised to return and finish the job once the fascia had been installed.
In August, I called the contractor and notified him that the fascia had been installed, and that he should return and finish the roof. To make a long story short, over the next several weeks, the contractor failed to show on dates that he said he would, and he continued to feed me excuse after excuse. Eventually, he became rude with me and then stopped taking my phone calls. I sent him letters, but he refused to accept them.
The house was a flip property that I am now trying to sell. An open house was held on September 16, but the roof was in such horrible condition, all the potential buyers were scared away. I only kept the September 16th date, because the contractor assured me that he would have the roof finished in time.
I first tried mediation through the BBB and Attorney General's office, but he is not responding to my disputes.
A few days ago, I was able to have another contractor finish up the job. As a favor, the new contractor only charged me $390.00 in labor. However, he did discover several major mistakes made by the original contractor, such as UNDERLAPPED roofing panels and panels cut too short!
If I take the original contractor to Magistrate Court, what all should I sue the original contractor for? Please tell me which items would hold up in court.
1.) The $390.00 in additional labor to install perimeter trim.
2.) A portion of $125 that I paid to a third-party for trash clean-up. Some of the trash consisted of metal scrap and juice bottles that the roofing contractor failed to cleanup. His word against mine, however.
3.) The contractor told me that the labor in his estimate was 80% of material cost. However, I recently learned from his supplier that material costs were much less. I actually paid him nearly 150% of material costs!! If I can get him to verify this in court, would I have a chance of winning back the overcharged amount?
4.) What about the poor quality of his work? For example, the panels that he mistakenly cut too short and he had to lap. If I can get a qualified contractor to give me an estimate on repairing these mistakes, could I sue for that amount?
5.) The roof delayed completion of this property by 2 months. Can I sue for mortgage interest for those two months?
6.) A lot of advertising dollars were spent on the open house in September. The contractor refused to finish the roof, so all the potential buyers' first impressions were of the horrible roof. Could I sue for advertising spent on the open house?
This man has royally ripped me off, and I have certainly learnt my lesson. I just want to take him to court and confidently have a solid case against him, and try to recover something for all of the expenses, frustrations, and wasted time dealing with this criminal.
Your advice is DEEPLY APPRECIATED.
Thank you all,
DavidWhat is the name of your state?
On June 20 of this year, I paid a contractor $5,300 in full for the installation of a metal roof. The roof was still incomplete, but he requested to be paid in full because he said he could not finish until my siding contractors finished installing fascia. I complied to his request and paid him in full. He promised to return and finish the job once the fascia had been installed.
In August, I called the contractor and notified him that the fascia had been installed, and that he should return and finish the roof. To make a long story short, over the next several weeks, the contractor failed to show on dates that he said he would, and he continued to feed me excuse after excuse. Eventually, he became rude with me and then stopped taking my phone calls. I sent him letters, but he refused to accept them.
The house was a flip property that I am now trying to sell. An open house was held on September 16, but the roof was in such horrible condition, all the potential buyers were scared away. I only kept the September 16th date, because the contractor assured me that he would have the roof finished in time.
I first tried mediation through the BBB and Attorney General's office, but he is not responding to my disputes.
A few days ago, I was able to have another contractor finish up the job. As a favor, the new contractor only charged me $390.00 in labor. However, he did discover several major mistakes made by the original contractor, such as UNDERLAPPED roofing panels and panels cut too short!
If I take the original contractor to Magistrate Court, what all should I sue the original contractor for? Please tell me which items would hold up in court.
1.) The $390.00 in additional labor to install perimeter trim.
2.) A portion of $125 that I paid to a third-party for trash clean-up. Some of the trash consisted of metal scrap and juice bottles that the roofing contractor failed to cleanup. His word against mine, however.
3.) The contractor told me that the labor in his estimate was 80% of material cost. However, I recently learned from his supplier that material costs were much less. I actually paid him nearly 150% of material costs!! If I can get him to verify this in court, would I have a chance of winning back the overcharged amount?
4.) What about the poor quality of his work? For example, the panels that he mistakenly cut too short and he had to lap. If I can get a qualified contractor to give me an estimate on repairing these mistakes, could I sue for that amount?
5.) The roof delayed completion of this property by 2 months. Can I sue for mortgage interest for those two months?
6.) A lot of advertising dollars were spent on the open house in September. The contractor refused to finish the roof, so all the potential buyers' first impressions were of the horrible roof. Could I sue for advertising spent on the open house?
This man has royally ripped me off, and I have certainly learnt my lesson. I just want to take him to court and confidently have a solid case against him, and try to recover something for all of the expenses, frustrations, and wasted time dealing with this criminal.
Your advice is DEEPLY APPRECIATED.
Thank you all,
DavidWhat is the name of your state?