What is the name of your state?What is the name of your state?South Carolina
Thanks, in advance, for any replies. I live in one townhouse of five, no homeowners association, no fees, each individually owned. We all decided to secure a roofer to get a new roof, at the same time, for a cheaper price (one color, one set up, one roll away)and so that the roof line would remain attractive looking. My neighbor chose the roofer.
I had objections to this roofer as he failed to produce documentation that I would insist on for a qualified bid. He kept dragging his feet on his worker's comp ins, business liabilty ins and proof of license. His contract was unsigned and, when I complained, they faxed us another, also unsigned. I will admit that because of pressure from the neighbors I did not proceed with the due diligence I would have practiced had I been hiring this jackleg on my own. He was chosen by the majority because of his low ball and unrealistic price. In short: Greed on our part. We deserve what we got, me included.
Needless to say, the roofs were a mess. The roofer brought in homeless persons to work on the job. I do not judge a person based on their station in life but if I am having surgery I would prefer a surgeon and if I need a roof I would prefer a qualified roofer. This roofer attempted to get away without placing new felt, used materials left over from another job, didn't use flashing where necessary, put in less than 6 nails a shingle which is code in SC and left the job site a disaster. When I awoke in a wet bed at 4:00 AM last month I called him at home so that he would also be awake. I have not heard from him since.
The neighbors were willing to just eat the price of the roof and hope it held for awhile. Because I was so angry with myself for being so dumb, when I am usually very careful, I hired a licensed SC building inspector who advised, in writing, that the roof is beyond repair (It's one month old) and that in his professional opinion a new roof is required as a cure.
I have documentation from the inspector, I have the bank account number of the roofer (he's a sole prop) and his assets such as cars and homes. I do not have the name of his insurance company but I am working on that. I have been doing this in the event that we win in small claims court so that I can attempt to collect on the judgment. I have a faxed contract, the contract that they wrote up but didn't sign (on their job sheets) and the cancelled checks for the job.
I have a few questions:
Should I send a demand letter, Certified, return receipt requested, to the roofer asking for our money to be returned?
Should I just go to small claims court and take my chances with the stupid contract that I have? (Though I have read that it is implied that a roofer will do a decent job according to code) Do I have a chance of collecting a judgment should I prevail in court?
Should all five of us go in together and litigate against him? The cost is under the $7500 cap in SC small claims court. Do we take our chance with the judge or ask for the 6 person jury trial?
Should we (throwing good money after bad) obtain an attorney to represent us? If we could prove consumer fraud and sue for triple damages I wouldn't mind securing an attorney but if the costs are more than the damages then what is the benefit?
One important question. Can this man have a judgment placed against us if we win in court? How do we protect ourselves from this?
I have found that he does have a license in our city but still do not know if he carries business liability ins. Would HIS homeowners ins, since he is sole prop, be liable for our damages (i.e. the cost of the roof) or would our homeowners ins be able to assist us?
Thanks for any help you may give after the fact. I want nothing more than my original monies returned to me, no punitive damages, no nothing, just my $$ so that I can get a roof that works as a roof.
Proof, once again, that you get what you pay for and never decide on anything based on price. Many Thanks. DUMB BRUNETTE
Thanks, in advance, for any replies. I live in one townhouse of five, no homeowners association, no fees, each individually owned. We all decided to secure a roofer to get a new roof, at the same time, for a cheaper price (one color, one set up, one roll away)and so that the roof line would remain attractive looking. My neighbor chose the roofer.
I had objections to this roofer as he failed to produce documentation that I would insist on for a qualified bid. He kept dragging his feet on his worker's comp ins, business liabilty ins and proof of license. His contract was unsigned and, when I complained, they faxed us another, also unsigned. I will admit that because of pressure from the neighbors I did not proceed with the due diligence I would have practiced had I been hiring this jackleg on my own. He was chosen by the majority because of his low ball and unrealistic price. In short: Greed on our part. We deserve what we got, me included.
Needless to say, the roofs were a mess. The roofer brought in homeless persons to work on the job. I do not judge a person based on their station in life but if I am having surgery I would prefer a surgeon and if I need a roof I would prefer a qualified roofer. This roofer attempted to get away without placing new felt, used materials left over from another job, didn't use flashing where necessary, put in less than 6 nails a shingle which is code in SC and left the job site a disaster. When I awoke in a wet bed at 4:00 AM last month I called him at home so that he would also be awake. I have not heard from him since.
The neighbors were willing to just eat the price of the roof and hope it held for awhile. Because I was so angry with myself for being so dumb, when I am usually very careful, I hired a licensed SC building inspector who advised, in writing, that the roof is beyond repair (It's one month old) and that in his professional opinion a new roof is required as a cure.
I have documentation from the inspector, I have the bank account number of the roofer (he's a sole prop) and his assets such as cars and homes. I do not have the name of his insurance company but I am working on that. I have been doing this in the event that we win in small claims court so that I can attempt to collect on the judgment. I have a faxed contract, the contract that they wrote up but didn't sign (on their job sheets) and the cancelled checks for the job.
I have a few questions:
Should I send a demand letter, Certified, return receipt requested, to the roofer asking for our money to be returned?
Should I just go to small claims court and take my chances with the stupid contract that I have? (Though I have read that it is implied that a roofer will do a decent job according to code) Do I have a chance of collecting a judgment should I prevail in court?
Should all five of us go in together and litigate against him? The cost is under the $7500 cap in SC small claims court. Do we take our chance with the judge or ask for the 6 person jury trial?
Should we (throwing good money after bad) obtain an attorney to represent us? If we could prove consumer fraud and sue for triple damages I wouldn't mind securing an attorney but if the costs are more than the damages then what is the benefit?
One important question. Can this man have a judgment placed against us if we win in court? How do we protect ourselves from this?
I have found that he does have a license in our city but still do not know if he carries business liability ins. Would HIS homeowners ins, since he is sole prop, be liable for our damages (i.e. the cost of the roof) or would our homeowners ins be able to assist us?
Thanks for any help you may give after the fact. I want nothing more than my original monies returned to me, no punitive damages, no nothing, just my $$ so that I can get a roof that works as a roof.
Proof, once again, that you get what you pay for and never decide on anything based on price. Many Thanks. DUMB BRUNETTE