Shop Products
Houzz Logo Print
krnbk2

Has my roofing contractor breached his contract?

krnbk2
12 years ago

Hello all, looking to get some perspective on my current situation.

I hired a contractor to replace the roof on my home. He is currently doing my next door neighbors roof as well as a few other side projects for her and that is where I got him as a recommendation. On October 22 I signed a contract, gave him a $2,000 deposit, and was given a verbal start date of "about a week and a half" or as soon as he finished my neighbors roof.

Fast forward to now. It is 30+ days later and my neighbors roof is only about 25% completed and he has not touched mine yet. My start date was verbally changed 3 times now and he has currently promised me that he would start the roof this Tuesday and be finished by Thursday. After seeing how slow he has moved on my neighbors roof (working on it over a month) and knowing the square footage of my roof is double I am more than worried. On multiple occasions it was said to him that the roof needed to be completed by December 2nd.

I have decided that I am going to request my "non refundable" deposit back and move on to finding someone who is willing to do this job in a more timely manner. What do you think? Am I being fair? I don't know how he is going to react but if he gives me a hard time I guess there is always small claims court.

P.S. I live in NJ

P.P.S. Thanks for letting me vent!

Comments (4)

  • bellamay
    12 years ago

    Well...this isn't an issue of whether you are being fair, it is an issue of law. There must be a contract which it sounds like you read because you state the deposit is non-refundable, what does it say about start date and completion date? Remember that a judge will uphold the contract and more than likely dismiss anything verbal. It isn't like "judge Judy" and you have to have a point of law to prevail. Having said that you will want to make sure you are willing to leave behind the 2k if you hire another roofing contractor. Hind sight tells you to research any potential contractors you choose to hire(most states have an online search of civil/criminal records for individuals and business's) and follow up with references.

    My advice to you is to work this out with the Roofer and make the best of it because you want your roof replaced in a timely manner but it won't matter if it is done next week or next month. It probably isn't worth losing 2k to get your roof a month earlier.

    Hope it isn't leaking!!

  • brickeyee
    12 years ago

    "Remember that a judge will uphold the contract and more than likely dismiss anything verbal."

    Ad it the contract is vague or fails to cover some item a verbal agreement may be considered.

    It is not that it is illegal to have verbal agreements (except fort the sale of real property & other specif state laws) it is that they are very hard to enforce.

    "was given a verbal start date of "about a week and a half" or as soon as he finished my neighbors roof. "

    If the neighbors roof is not finished how can he be in violation of even this verbal agreement?

    It is not an unreasonable or imposable condition.

  • renovator8
    12 years ago

    In New Jersey, contracts for home improvement projects costing $500 or more must be written and must include the legal name and business address of the contractor as well as a start date, a completion date, a description of the work to be done, and the total price.

    The contract must also include the contractorâÂÂs registration number. The contractor must also provide you with a copy of his commercial general liability insurance and the telephone number of the insurance certificate.

    If you have a problem with your home improvement project, first give the contractor an opportunity to resolve the matter directly. If you are not satisfied with the results, you may:
    - File a complaint online with Consumer Affairs at:
    www.njconsumeraffairs.gov/ocp/ocpform.htm .
    - Call Consumer Affairs at 1-800-242-5846 to
    request that a complaint form be mailed to you.
    - Call your county or municipal consumer affairs
    office for a complaint form.

  • lazypup
    12 years ago

    The last two words in the 2nd paragraph of the post says the job must be completed by "Dec 2nd",

    You cannot claim a breach of contract until after that date.