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angryrooster

New Roof resulted in cracked sidewalk!

jjaazzy
11 years ago

Roofers were hired to remove and replace a barrel tile roof. When they delivered the big dumpster the sidewalk cracked in many places,from the weight of the dumpster. My husband was there and we took pictures and reported to the delivery man and the contractor right away. Since this time the sidewalk is continuing to deteriorate. I was going to let it go at first but now I see I am going to have a big job and mess on my hands. We have had to have the roofers back several times to fix problems so it's been about 7 weeks since the dumpster was delivered, filled and hauled away. Now they are asking for their final payment and said that they have reported the situation with the sidewalk to the dumpster people.

Shouldn't they deal with the dumpster people? They hired them, should I withhold some money back? They also came and had to replace a lot of barrel tiles that were chipped and glued (over 30 tiles) on the corners and I complained and they came and replaced many of those but not all, still about 4-5 tiles with chips that are not glued. So I guess I have to complain about that too. I really don't like having to constantly complain... So please, someone - give me some support here on what I should be doing.

Comments (18)

  • brickeyee
    11 years ago

    Lawyer up.

  • jjaazzy
    Original Author
    11 years ago

    Omg! Not yet!

  • sdello
    11 years ago

    if you don't complain then they won't do/fix anything. I'd say that the dunmpster issue is the roofer's problem because it was his subcontractor. Let him deal with them.

    Don't make any "final" payment until the job is done to your satisfaction. Once he's paid, he's not coming back anytime soon.

    Maybe to early to "lawyer up" but, depending on the magnitude of the issues your having, I'd make preparations to do so.

  • millworkman
    11 years ago

    and let the roofer know you plan to do this if he does not satisfactorily deal with the issues at hand.

  • brickeyee
    11 years ago

    "Omg! Not yet!"

    You wud be sprpised the sobering affet a lettr on your attorneys letterhead is likely to have in getting the problem repaired.

    There is no practical way to repair cracked concrete except removal and replace.

    Nether company is going to be very happy with that expanse.

    You should hope they each have insurance.

    The roofer is most likely going to be paying the bill.

    Trash companies are normally very explicit about getting a damage waiver for a roll-off that is not on the street.

    It is often printed on the delivery ticket and must be signed before they drop the roll-off.

  • User
    11 years ago

    An ounce of prevention was all that was needed here. You or your contractor should have designated the placement of the dumpster so that no damage to the home would occur. And you should have said something as soon as the dumpster was delivered beyond just taking pictures and "reporting" it. You should have asked for his insurance company before ever engaging his services on your roof, and at that dumpster delivery time you should have contacted his insurance company to file a claim. 7 weeks later and with the dumpster gone, it's a little late to begin the process, but as you may also have a claim as to the quality of his workmanship on the company, better now than not. Contact the roofer's insurance carrier.

  • jjaazzy
    Original Author
    11 years ago

    Update, first there was no other place to put the dumpster I live in a Zero Lot line community which if your not familiar means one side of my house is not my property. There was only the driveway and besides you have to get over the sidewalk to get to it anyway. The dumpster was delivered the day they did the tear off so there was no time for anything as I had a roof full of men pulling off tiles and paper. I have contacted the dumpster company and they seem willing to replace or repair the sidewalk. I asked for it in writing but have not gotten it yet. I am going to hold back some money from the final payment so that the roofer who contracted the dumpster can deal with it. Why can't things ever go smoothly? I know things happen but I hate to complain and hate having to bring things up. Knowing that this happened I think they should have just started the ball rolling to get it fixed knowing that I am in a HOA neighborhood. I will keep you posted.

  • Fori
    11 years ago

    Don't hold back some money from the final payment--hold back all of it if you can! Good luck...

  • Jumpilotmdm
    11 years ago

    holly, insurance is not the only way to take care of stuff like this. Have you tried dealing with and insurance company lately?

  • brickeyee
    11 years ago

    "first there was no other place to put the dumpster"

    On the street would have been a likely option, just not as convenient for the roofers.

  • jjaazzy
    Original Author
    11 years ago

    Jump- right and I didn't hire they did so I feel comfortable now letting them see the repairs through. I have done my part in this whole deal.
    Brick absolutely no way would they had parked on street. It would have blocked flow through neighborhood for two days hoa wouldn't allow that, and when they do a tear off it is a huge dirty mess and they do it quick. Bing - bang - boom they scrape and drop off into huge dumpster. Like 25 x 10 x 6 feet deep and filled to over the top. Cheaper for them to deal with sidewalk. I thought maybe laying plywood down first would have helped distribute weight, but driver said no just too heavy. So I will sit here and wait.

  • steve_fl
    11 years ago

    In my area, the city now requires that the contractor repair/replace the sidewalk if damaged-not the case several years ago.
    It happened to me when I had a pool put in.
    Even though the contractor said it was required by the city, I had it spelled out specifically in the pool builders contract as an addendum.
    Of course, when final payment time came and sidewalk was not repaired-contractor says-"Not my responsibility"
    I said-"Not so fast-it is in the contract as addendum #4"
    (He forgot we had added it specifically).
    Having it spelled out, (and with the city inspector as a backup,) this worked in my favor when they had to replace 15 linear feet of sidewalk.
    Contractor was not happy, but............ Oh well, it was on his dime!

  • brickeyee
    11 years ago

    "hoa wouldn't allow that"

    Does the HOA own the street? As in they pay for all maintenance?

    It was convenient for the roofers.

    They do not want to have to load the stuff into a truck, then into a roll off.

  • jjaazzy
    Original Author
    11 years ago

    Yes, neighborhood owns streets.

  • User
    11 years ago

    If you had prior knowledge before the project began that the sidewalk was the only suitable location for the dumpster, then any project quote that you had done should have factored in the cost of it's replacement as part of the project as a whole.

    Really, even though it appears that it's sorely lacking here, it's only common sense to know that a sidewalk can not handle the weight of a dumpster full of tile roofing without damage of some sort. As the job could not possibly have been done at all without the dumpster in that location, that inevitable damage should have been expected and accounted for in your contract with the roofing contractor, or else addressed as a separate contract with a concrete contractor to repair the damage after the roof project was completed.

    The dumpster company is completely not at fault here, and it's a very very gray area for the roofing contractor. It's like asking a plumber to put in a drain to an island sink through your slab without chiseling some of the concrete up. It can't be done. And your roofing job couldn't be done without damaging the sidewalk. And you knew that, or should have known that. But the contractor should also have known that and made sure to address the issue with you so that you could have engaged the services of a concrete contractor at the close of the roofing job. Offer to split the cost with him, as you are both equally responsible for the poor communication here.

  • jjaazzy
    Original Author
    11 years ago

    Roofing is not my profession, neither is concrete work, neither is foreseeing every conceivable outcome of a job. However I hired pro's to do the job. This is not their first job. They have insurance and it will be taken care of. To say I should have known is not accurate. It's as if saying I'm going to take a drive today but I am going to get into an accident. I have insurance in the event that I do but to know that I am going to?.
    Dumpster people have agreed to pay for it, damages is part of the contract. I will let everyone know what happens.

  • brickeyee
    11 years ago

    "neither is foreseeing every conceivable outcome of a job."

    Glad someone is stepping up to pay, but YOU own the place and the buck stops on YOUR wallet.

    "To say I should have known is not accurate. "

    Not understanding a sidewalk is not rated for driving on or loading with a roll off IS your responsibility.

    Some driveways are not built to take the point loads from a roll off, especially after it is loaded.

  • live_wire_oak
    11 years ago

    Tile roofing is heavy. VERY VERY heavy. I'm not sure what you expected to happen when you chose to place a whole dumpster of it on top of a sidewalk. If that was the only location for that dumpster, fine, it was the only location. But repairing the sidewalk should have been considered part of the roofing project from the beginning if that was the only location for the dumpster. If you had placed the dumpster in the yard, rototilling up the compressed area and reseeding would have been part of the project as a whole as well. You can't make an omelette without breaking some eggs.