• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Cedar Shingles Installed Incorrectly

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

motherof3inct

Junior Member
What is the name of your state (only U.S. law)? CT

Last year we had our cedar shingle siding re-done on one side of our house. The job was completed on 4/30/09 and final payment was made. Our signed contract stated that carpentry was guaranteed for 1 year.

Now it is almost 1 year later and our cedar shingle siding is buckling (the siding is bumping out in a few areas). Based on 2 authorized installer opinions, the shingles were installed incorrectly (they did not leave gaps between the shingles for expanding from moisture). In order to fix the buckling, the entire siding needs to be re-done properly. Our original installers have offered to re-do the buckling areas....if we supply the shingles. Or they can just nail in the shingles back in. The authorized installers have stated that nailing will just cause other areas to buckle. As time goes by, more and more areas will buckle so spot fixing will only be temporary. I have received an estimate of $4000 to re-do the shingles.

What are the original installers responsible for? Ideally I want the original installers to pay me $4000 so I can have the shingles re-done (based on their attitude, this is not happening). I really do not want them to do any more work on my house since they do not know how to install shingles.

Any assistance you can offer would be so appreciated.
 


Zigner

Senior Member, Non-Attorney
Sounds like Small Claims Court is the way to go for you: http://www.jud.ct.gov/faq/smallclaims.html
 

motherof3inct

Junior Member
I originally thought that too, but is small claims court just for monetary disputes like rental deposits or billing disputes? I wasn't sure if services qualified. Could the judge (?) make the installer reimburse me financially or just make him re-do the work and provide the supplies?

If I do proceed with small claims court, what evidence should I collect? I have the original signed contract, payment records, pictures of the buckling, documented my phone calls to him. I guess I need to get the authorized installers statements in writing and also written estimates to re-do the shingles.

Thank you for your help.
 

justalayman

Senior Member
you will be suing for your damages: the $4000 that it takes to repair the house


I guess I need to get the authorized installers statements in writing and also written estimates to re-do the shingles.
having them there in person would be a lot better. A written statement is hearsay evidence and especially since you are going to have the original installer claiming they know what they are doing, having another installer there the judge can question could be the difference between winning or losing.
 
Last edited:

motherof3inct

Junior Member
Justalayman - I agree that having an autorized installer there would be best, but I'm not sure if they would agree to go....maybe if it was the installer I would have re-do the shingles. The instructions/installation guidelines that are packaged with the shingles state that a minimum 1/8 inch gap must be used with the shingles. I had told the installers that and showed them the instructions when they were installing the shingles. Would the instructions/guidelines be sufficient? Thanks.
 

justalayman

Senior Member
Any information would be good. The more the merrier. If the installation instructions are that clear and you can show that the recommended procedure was not followed, it should be an easy win. I would still get the statement. The courts may not accept it into evidence though.
 

motherof3inct

Junior Member
Thank you for your advice. I need to decide how I should proceed with this issue. My husband and mother are against small claims court and just want me to write this off as an expensive learning experience. They're afraid that the installer will be angry with me taking legal action against him and knows where we live. I appreciate your help.
 
Did the contractor have insurance? Did you get a certificate of insurance from him? If you did call them to make good on the faulty install.
 

motherof3inct

Junior Member
He does have insurance, but I did not ask for a copy of it. Is that something I should always do in the future when hiring contractors? What could I have done with it if I did have it? This is new to me. I only have his Registration # from the Dept of Consumer Protection.
 
Yes before work is started and any money exchanged hands you should always request a certificate of insurance be sent directly from his insurance agent to you with your name and address on it and the scope of work being covered.
Never accept one from the contractor himself. It may not be valid. I could get one from my insurance agent and print off a hundred of them, them cancel my insurance.You as the homeowner would never know unless you had a claim. By then it's to late. If it come straight from the carrier you know it's valid and they know what being covered.
This is normal procedure and you should never feel like it's a burden to ask for it.
 

motherof3inct

Junior Member
Thank you for your advice about the insurance. I'm about to begin another home project and this will come in handy. I'm definitely second guessing my hiring choices.

I have decided to pursue small claims court with the guy who installed my shingles. I have before/after pictures, documented our phone conversations, written reports from authorized installers and will gather more evidence. I am pretty sure one authorized installer will go to court with me as an expert. He was so infuriated with this guy's work tha he told me to report this guy to the state of CT to have his license taken away. Wish me luck!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top