Roofing Contractor being sued by Consumer

[JSzynskie]

Please help. This began in the summer of 1996, a brief discription of events as follows:
G.R.(roofing contractor) and Mr.X (consumer) entered into a contract, which states: all shingles will be removed & the
roof decking (plywood) will be replaced,new
shingles will be put on and all trash will be removed. The new roof decking will be supplied by the homeowner, shingles and labor supplied by G.R. All labor is guaranteed 5 yrs.
G.R. informed Mr.X he has a moisture problem in the attic and that is why his roof was in the condition that it is. G.R. installed 2 extra vents.
So 2 years later, Mr.X calls G.R. and insist on G.R. replacing the whole roof
because the roof is beginning to bow. G.R.
replied he would pay for half of the cost.
Reminding Mr.X he was informed he had a moisture problem and the roof decking was supplied by him and the decking was faulty, not the shingles, that seemed a reasonable
effort to remied the situation.
Mr.X has threaten to sue 3 times before,
but now is sueing in small claims court. We have tried to be as fair as we see it, but now it's ruffled my feathers and I don't know what to do about it.
Please, any advise on this matter would be greatly appreciated.

Thank You.


[This message has been edited by JSzynskie (edited April 10, 2000).]

[This message has been edited by JSzynskie (edited April 10, 2000).]

 

[Tracey]

Double check this with your state's laws, but...

In Washington, you can't hire a lawyer to represent you in small claims court, BUT, you can appeal to District/Superior court and get a new trial, with a lawyer.

So, read some books on prepping for a small claims case, then hire a construction lawyer to help you prepare your case. (2 hours for lawyer to here the facts, lay out the issues and defenses, and tell you how to prove/refute them.)

You guaranteed the labor, not the decking. Unless the sheeting is coming off, you haven't breached your warranty.

When you go into court, take the people who worked on the roof (we put it on correctly) and an expert on moisture problems in houses (it's sagging cause of his moisture problem, not cause of their work).

Did you by any chance tell him you thought 2 new vents would be sufficient to fix the moisture problem? There might be a warranty of fitness for a particular purpose.

Good luck,

Tracey


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.