Wrong color shingles installed

kemmc23October 13, 2013

Yesterday my roof was being installed and when I drove by, I saw that it was the wrong color! They installed black when I chose weathered wood. What are my options? It is completely finished.

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millworkman

If the contract specified a color make them remove it and install the correct shingles.

    Bookmark   October 13, 2013 at 9:51AM
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allison0704

They should remove and replace w/o any issues - it is in a contract or written/emailed, correct?

    Bookmark   October 13, 2013 at 10:23AM
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kemmc23

My color choice was emailed, along with my other exterior choices. I am not opposed to the color that was put up, and I would hate to delay the progress any more. Do you think I would be able to get compensated for the mistake?

    Bookmark   October 13, 2013 at 10:59AM
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kemmc23

My color choice was emailed, along with my other exterior choices. I am not opposed to the color that was put up, and I would hate to delay the progress any more. Do you think I would be able to get compensated for the mistake?

    Bookmark   October 13, 2013 at 12:04PM
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bevangel_i_h8_h0uzz

If you're not opposed to the color that was put up, then it sounds like you're trying to be compensated for a mistake that apparently did you no real harm.

Legally, if the builder didn't follow the contract, you can demand that he fix the mistake and, in the alternative, you can agree to accept monetary compensation in lieu of him fixing the mistake if he offers that as an option.

Even where a contract is not followed, the monetary damages that one can get are for the harm suffered. If little of no harm is suffered, then little of no damages would be awarded by a court.

With shingles, black ones do exactly the same job as weathered wood and they do it in exactly the same way with basically the same level of efficiency, and they last the same length of time. One could MAYBE make the argument that black shingles get a tiny bit hotter than lighter ones and that therefore you might wind up with slightly higher cooling bills which would be a compensable harm - if you could prove it. But making an argument in court for such damages would require expensive expert testimony.

So, since the only real difference between the black and the weathered wood is aesthetic, the only possible real harm is to your aesthetic sensibility. But, once you admit publicly that you "aren't opposed" to the black color, then you're admitting that you suffered no aesthetic harm.

And BTW - IF this situation were to wind up with a lawsuit (which I realize is not very likely), then your posting on this forum would be discoverable and would definitely hurt any claim that you might have for monetary damages.

Suggest you go to your builder, point out that the contract called for weathered wood and that he used black shingles and ASK him how he proposes resolving the matter. Do NOT ask for monetary compensation and do not say or imply that you're "okay" with the black. If he offers monetary compensation, be willing to negotiate for it ONLY because replacing the shingles would delay the build. As soon as he knows you're "okay" with the black color, you lose all negotiating leverage.

    Bookmark   October 13, 2013 at 12:48PM
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worthy

My color choice was emailed, along with my other exterior choices.

But if it was not acknowledged there is an argument that it is not a contract. No meeting of the minds.

As a builder/renovator, I certainly don't consider myself bound to any e mail sent me unless I acknowledge it. Every choice or change in a contract I agree to is signed and in writing.

So the colour choice is OK but you want to profit at the builder's expense. Charming.

    Bookmark   October 13, 2013 at 1:11PM
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millworkman

Now in light of the additional info I agree with the last few posts (and I did state IF it was in the contract earlier).

    Bookmark   October 13, 2013 at 1:29PM
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MFatt16

I disagree somewhat. OP doesn't want to delay the process so the color will be fine but it doesn't sound like it was ever in the running for a choice they would've made. I am paying a lot for my custom build, I don't want to settle for fine. I would be very upset if I chose weathered wood and black was installed. Black is much darker IMO.

I would talk to my builder. Was he aware of the weathered wood email? Is black the default color if you make no choice? Perhaps he confused the email with another build, or the subs did, who knows until you talk to them. The bigger problem is the lack of good communication between you and your builder. I wouldn't have it redone but I might expect them to throw something extra in to be nice and keep the good faith.

This is why it is important to visit the build as often as possible. Perhaps you could've noticed prior to compete installation.

    Bookmark   October 13, 2013 at 2:46PM
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faulstr

Similar thing happened to us in our current house (with more of a subdivision tract builder )where a regular roof was installed and we had paid to upgrade to an architectural shingle. The builders first response was to refund the upgrade fee and they might have even offered a small financial compensation, but we required that the right roof be installed because I knew I would not be happy. Make sure they remove the wrong shingles and don't try to just put the right shingles on top. I don't see anything wrong with wanting financial compensation assuming it was the builders mistake because you are not getting what you paid for, regardless of whether you can settle for the wrong product. Although it could also be a good will gesture for you to give the builder a break if this really isn't that important to you, especially if he is being flexible with you on any late changes or giving you other breaks/extras. FYI it didn't cause any real set back on our project for them to change the roof so make sure you won't regret not getting your first choice roof in the long run.

    Bookmark   October 15, 2013 at 12:23PM
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bus_driver

If you decide to accept the shingles as installed, that is your choice. But the incident indicates that communication as presently conducted is inadequate. Make a list of your suggestions for improvement and demand that the GC do likewise. Then agree on new protocols.
On a recent non-building issue recently, the other party who screwed up was just going to fluff off the matter, including the extra costs involved. Then I explained to them that I am a graduate with honors of the Dennis Rodman Charm School, the real life inspiration for the Incredible Hulk and that my grandfather killed the Dead Sea. They have been very cooperative since then and are writing all the necessary checks. .

    Bookmark   October 15, 2013 at 5:07PM
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chicagoans

"So the colour choice is OK but you want to profit at the builder's expense. Charming."

"OK" is not the same as expecting to get what you ordered. I think it's fair to ask the builder to make some kind of compensation for a mistake when the mistake can be shown to be the builder's. (That last part is key of course.) Don't make the homeowner the bad guy because he wants the builder to make good on a mistake, and in this case is trying for a solution that could work for the builder and the homeowner.

Wouldn't it be less costly for the builder to offer a discount than to pay for the labor and supplies to redo the whole roof?

    Bookmark   October 15, 2013 at 6:16PM
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galore2112

"So the colour choice is OK but you want to profit at the builder's expense. Charming."

Please. Show me a builder who does anything for free and maybe you have a point.

    Bookmark   October 15, 2013 at 10:04PM
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