After storm damage, insurance company sent a roofer to tarp the roof on my elderly mother's home and told us that we had to use this roofer (I later discovered this was incorrect).
There was trouble from the beginning as he & his office (his daughter) stated they did not give a written bid or contract nor a written warranty. They only give a verbal replacement cost & only a verbal warranty. I objected & insisted on a written contract with the warranty information included. After much persistence, the daughter emailed me a written contract with a computerized signature from the roofer. I did not sign the contract as I had additional questions & was still waiting on the proof of insurance (which he said he would provide, but did not).
The roofer kept pushing the date back. I had difficulty reaching him & he/his office rarely returned emails or phone calls. Three months later & ten days after the shingles were delivered, the roofer still hadn't started the work. After voicing my complaint, the roofer proceeded to raise the quoted cost of repair suddenly finding new items to charge. When I objected & stated most of those items were on the written contract signed by him, he denied that we had a contract. He stated he knew nothing about a written contract. After a lengthy discussion regarding multiple issues including the contract, new charges, warranty, & the difficulty reaching him, he became agitated. We came to an verbal agreement & I stated I would not allow work to be started without a new contract or an addendum to the previous one.
Later that day while we were away from the home, another, non-related, employee called me & stated he had been angry with me all day. He had cursed me & called me names throughout the day. She stated he was at my mother's home & was belligerent. She warned me that we were not safe because he was dangerous. She proceeded to tell me about his illegal business activity, poor quality of work, insurance fraud, customer complaints, etc... She stated that he is in business with very dangerous people & that we should be afraid of him. I contacted the Sheriff's Office & had them meet us at my mother's home because, according to the employee, he was angry & waiting for us. He left before law enforcement arrived & through the deputy, I asked that he pick up his supplies & I would find another roofer. I've had no further contact with him. The employee stated he was very angry & was threatening to "make me pay". She resigned the next day, reported his illegal activity to the District Attorney's office, & reported a list of issues between him & her while she was employed by him. It is currently an open case.
A week has passed & the roofer is now charging my mother $1100. The emailed invoice states it is a restocking fee & a fee for delivery & pickup of the supplies.
I had every intention of using this roofer until the day he attempted to raise the price & became belligerent to the point law enforcement became involved. Again, I have not signed a contract & the contract his daughter sent does not mention those fees. (I will copy & paste it below). He nor his daughter have ever disclosed any information about the mentioned fees until after I refused to allow him to do the work. Through his employee, he stated he would waive the fees if I allowed him to do the job.
My questions are...
1) Are we responsible for the restocking fee along with the delivery & pickup fee?
2) Can we refuse to pay the fees? What happens if we refuse?
3) Can he put a lien on my mother's home?
4) Should I contact an attorney?
5) Are there any other potential legal issues I should be aware of?
Thank you in advance for any assistance with this matter.
Roofing Contract minus personal information:
4-22-19
Dwelling Roof Replacement:
Temporary weather proofing
Remove, haul and dispose 29.07 sq. standard 3 tab shingle roofing including felt
Up-Grade Install 33.66 sq. architectural 30 year Tamko shingle roofing including 15lb felt
Remove and replace pipe flashing
Remove vents replace decking
Install 68 LF of ridge vents shingle over style
Clean work areas
Remove nails with magnets from yard
Hauling and dumping fees included
*Three year warranty on workmanship
Material tax included
Total Due: $5900.00
*Acceptance of Contract: The above price, specifications and conditions are satisfactory and hereby accepted
by my signature. You are authorized to do the work as specified. By my signature I also agree to pay in full at
completion of work.
Authorized Signature_______________________________________ Date___________________________
Contractor Signature: XXXXXXXX Date: 04/22/19
Thank you for your business
There was trouble from the beginning as he & his office (his daughter) stated they did not give a written bid or contract nor a written warranty. They only give a verbal replacement cost & only a verbal warranty. I objected & insisted on a written contract with the warranty information included. After much persistence, the daughter emailed me a written contract with a computerized signature from the roofer. I did not sign the contract as I had additional questions & was still waiting on the proof of insurance (which he said he would provide, but did not).
The roofer kept pushing the date back. I had difficulty reaching him & he/his office rarely returned emails or phone calls. Three months later & ten days after the shingles were delivered, the roofer still hadn't started the work. After voicing my complaint, the roofer proceeded to raise the quoted cost of repair suddenly finding new items to charge. When I objected & stated most of those items were on the written contract signed by him, he denied that we had a contract. He stated he knew nothing about a written contract. After a lengthy discussion regarding multiple issues including the contract, new charges, warranty, & the difficulty reaching him, he became agitated. We came to an verbal agreement & I stated I would not allow work to be started without a new contract or an addendum to the previous one.
Later that day while we were away from the home, another, non-related, employee called me & stated he had been angry with me all day. He had cursed me & called me names throughout the day. She stated he was at my mother's home & was belligerent. She warned me that we were not safe because he was dangerous. She proceeded to tell me about his illegal business activity, poor quality of work, insurance fraud, customer complaints, etc... She stated that he is in business with very dangerous people & that we should be afraid of him. I contacted the Sheriff's Office & had them meet us at my mother's home because, according to the employee, he was angry & waiting for us. He left before law enforcement arrived & through the deputy, I asked that he pick up his supplies & I would find another roofer. I've had no further contact with him. The employee stated he was very angry & was threatening to "make me pay". She resigned the next day, reported his illegal activity to the District Attorney's office, & reported a list of issues between him & her while she was employed by him. It is currently an open case.
A week has passed & the roofer is now charging my mother $1100. The emailed invoice states it is a restocking fee & a fee for delivery & pickup of the supplies.
I had every intention of using this roofer until the day he attempted to raise the price & became belligerent to the point law enforcement became involved. Again, I have not signed a contract & the contract his daughter sent does not mention those fees. (I will copy & paste it below). He nor his daughter have ever disclosed any information about the mentioned fees until after I refused to allow him to do the work. Through his employee, he stated he would waive the fees if I allowed him to do the job.
My questions are...
1) Are we responsible for the restocking fee along with the delivery & pickup fee?
2) Can we refuse to pay the fees? What happens if we refuse?
3) Can he put a lien on my mother's home?
4) Should I contact an attorney?
5) Are there any other potential legal issues I should be aware of?
Thank you in advance for any assistance with this matter.
Roofing Contract minus personal information:
4-22-19
Dwelling Roof Replacement:
Temporary weather proofing
Remove, haul and dispose 29.07 sq. standard 3 tab shingle roofing including felt
Up-Grade Install 33.66 sq. architectural 30 year Tamko shingle roofing including 15lb felt
Remove and replace pipe flashing
Remove vents replace decking
Install 68 LF of ridge vents shingle over style
Clean work areas
Remove nails with magnets from yard
Hauling and dumping fees included
*Three year warranty on workmanship
Material tax included
Total Due: $5900.00
*Acceptance of Contract: The above price, specifications and conditions are satisfactory and hereby accepted
by my signature. You are authorized to do the work as specified. By my signature I also agree to pay in full at
completion of work.
Authorized Signature_______________________________________ Date___________________________
Contractor Signature: XXXXXXXX Date: 04/22/19
Thank you for your business
