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New Roof Leaking. Roofer is being an asshole

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We are located in Los Angeles, CA. We own a commercial building and we are a factory shop with a flat roof.. We recently hired an independent roofer to install a new torched-down roof. We told him that we are going to use a finance company to fund the money, and he agreed. We had a contract, and the job started with problems. We fronted 50% of the money in the first 2 weeks for material and tear-off labor. Fortunately, it rained during the last few days of the construction. So we knew 3 spots were leaking even though the roof was all "sealed" then. They said they were going to fix it. Now the roof is "completed" last week, it's still leaking from the same spots before. We water tested our roof 2 days after the inspector came. The same spots leaked. I went up the roof with the roofer, we saw many spots there were sealed properly. He said he was going to walk the whole roof and seal everything. Suddenly everything changed on the next visit, they spent 10mins on the roof with a torch gun, pretending to seal the leaking spots. Then came to me and said they were not going to do anything more until they get paid the other 50% and threatened to put a lien on us. When I asked him about the leaking spots he said we fixed, and if theres a problem you got a 10 year warranty. Now we need to get paid. I told him the job isnt finished because its still leaking(we just confirmed it today with a water hose, same spots leaked). Then he said, you water tested my roof without me being there, that itself voids the warranty(I think hes just lying) Then he started to make a scene about how we were not being honest and him giving us the best deal ever. I told him we want to pay you but not without the money from the financing company. They can only pay you if you give them the final sign-off and an invoice for the project cost. They tried to lie to me about the yellow job card being the final sign-off when it lacks the final signature from the inspector. And they said they cant provide an invoice because an invoice means its paid for already. Anyways, they took off after I told him to contact the financing company, if they pay us , we pay you, send everything to them and see if they are going to approve it. In fact, i know that the financing company wont approve it because the yellow job card is missing a final signature. Now I havent heard from them in 3 days and we water tested our roof again, same spots leaking. I understand that if the roof has any problems we can ask them to fix it. And if they dont come to fix it we can call their bond company to pay for the damage. But what if they come out to "fix" the roof everytime theres a leak but doesnt do anything? Are they going to pay for the labor if we take like an hour to clean up the leaking water? I dont want the quality of the job to come down to the warranty. Because they keep on trying to cheat us and not playing fair. We dont have any confidence in the work they performed. We will put up solar panels on top of the roof next month. And if it starts leaking then, its gonna be a huge mess. I dont know whats going to happen going forward whether they will just leave it like this and put a lien on the building, thinking thats gonna get their money back. Even if they come back and "fix" the spots, even if they can pass another water test. I think its only gonna get worse as time goes on. TL, DR: We hired an independent roofer to install a new roof. The roof leaked during the last few days of constructions and is still leaking after their so-called "repairs" since we water tested it 2 times. We are using a financing company to fund the money, but we fronted the material cost and $8000 for tear-off labor. The financing company wont pay a dime unless they have the city's final sign-off, which requires a final signature as of now. The roof started being an asshole and refused to do any more repair unless they get paid(it shouldn't even be considered repairs because I think the job isn't even done.)What is my best move going forward? Thanks What would be the best thing or strategy going forward with these crooks? They are not the kind of people who would want to have a calm discussion. I just want a good roof that does not leak and for last 10+ years, which it should. Should I even think about paying them when the roof is still leaking so that they can perform the repair? Should I try to seek legal actions because I have 0 confidence in the durability of the roof now? With solar panels up there its gonna be a huge mess if it starts leaking and cracking. Please help, I am the project manager, and my boss just wants to wait it out. I am having a lof anxiety thinking about dealing with these assholes everyday.

3 replies

Feb 5, 2020
You're right to be concerned about putting solar panels on a roof that's a bit unsound. Once those panels have been installed, accessing the roof for repairs will be that much harder - plus panels will put additional stress on the roof. While a sound roof might have no issue with solar panels, adding them to a questionable roof could exacerbate issues. Let's look at some options for dealing with the situation you described above.

Forcing a roofing contractor to repair their work

When a contractor is acting unreasonably, it can be hard to force them to repair their work. But, there are some strategies that might help. Let's break things down into smaller, more manageable portions. Of course, note that providing a contractor with a written notice of the issue is typically a good first step. That will serve as a formal landmark for the dispute, and it can be combined with some of the options below to include a way to make things right. What's more, informing the contractor that their work is not yet complete could help defend against the potential for a lien claim, too. Direct contractors aren't able to file mechanics liens until the project is complete, and California subcontractors are unable to pursue liens until their work has ceased. So, by putting the potential claimant on notice that the work is unfinished, that could curb the potential for a lien claim. More on that, here: California Mechanics Lien Deadline | When Does the Clock Begin to Tick?

Threatening to proceed with legal claims

If a contractor won't listen to reason, threatening to proceed with legal claims could be an effective way to get their attention. This is especially true when the threat is substantial - when sent via attorney letter, it's harder for a contractor to ignore the potential fallout. As discussed in this article on California construction defect issues, there are a number of different causes of action that might be on the table. Potential actions range from breach of warranty or breach of contract to construction defect claims.

Threatening to involve the CSLB, license bonds, and other actions

Alternatively, or additionally, to the above - there are other threats that could get a contractor's attention. For one, threatening to make a complaint with the California Contractors State License Board could get a contractor's attention. CSLB complaints could lead to investigations and even fines, and no contractor wants to deal with that. Complaints could be appropriate both for shoddy workmanship and poor behavior in resolving a dispute over the work. And, if a complaint is made, the CSLB should investigate the work done and provide a determination. As you mentioned above, licensed contractors must also be bonded. And, pursuing a claim against a contractor's bond could be a valuable option, too. That means threatening to pursue a claim against a contractor's bond for CSLB violations might work to force payment. Further discussion on license bonds, here: Shaken? Stirred? A Primer on License Bond Claims in California | California Construction Law Blog. Finally, while it's certainly a less-official option, threatening to leave negative reviews about a business online could move the needle some, too. A business' online presence will factor heavily into the types of jobs they can get, so leaving negative (but honest!) reviews could impact a contractor's bottom line. Reviews with the Better Business Bureau, Angie's List, Facebook, Google, etc. might be more powerful than you think.

Bringing in a third party to inspect the work

Yet another option might be to try and bring in another contractor to inspect the work that's been done and to provide a written opinion about the alleged defect. With a written third-party opinion on the matter, it should be harder for a contractor to ignore the flaws in their work. And, threatening to bring in another contractor to repair the roof and to deduct the cost from what's owed to the original roofing contractor could provide some motivation.

Working together to find alternative solutions

Of course, it may also be worth exploring some middle ground between making full payment and withholding payment until all repairs are done. Offering partial payment in exchange for repairs and promising full payment afterward could help to move things along. Certainly, that could be an uphill battle when the contractor is being unreasonable. But, making a hard offer might at least grab their attention and bring them to the bargaining table.

Conclusion

Obviously, threats won't always work and actually pursuing one of the above options may become necessary. And, to determine what options make the most sense in your situation, it'd be wise to consult a local California construction attorney so they can better assess the circumstances and documentation, then advise on how best to proceed. In the meantime, it makes sense to withhold some payment when there are clear and obvious flaws with the work. But, keep CA's withholding laws in mind. Owners are entitled to withhold some amount of payment when there's a good faith dispute at hand - but that's generally limited to 150% of the amount of the specific dispute at hand (i.e. potentially, the cost of the repair work). Further discussion here: (1) California Retainage Laws Make More Sense After Supreme Court Ruling; and (2) California Retainage Guide and FAQs.
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Mar 29, 2023

<!--td {border: 1px solid #cccccc;}br {mso-data-placement:same-cell;}-->It is possible that the leak is due to a problem with the gutters or other components of your roofing system, which may require repairs or replacement. If you live in New Jersey, you may want to consider contacting a local contractor for <!--td {border: 1px solid #cccccc;}br {mso-data-placement:same-cell;}-->https://cambridgeroofrepair.com/gutters-repair-and-installation/ to assess the condition of your gutters and determine if they are contributing to the leak. Working with a reputable and experienced contractor can help you resolve the issue and ensure that your home is protected from water damage in the future. Additionally, it may be helpful to document your interactions with your roofer and seek legal advice if necessary to ensure that your rights as a consumer are protected. 

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Mar 29, 2023

It is possible that the leak is due to a problem with the gutters or other components of your roofing system, which may require repairs or replacement. If you live in New Jersey, you may want to consider contacting a local contractor for Gutters Repair New Jersey to assess the condition of your gutters and determine if they are contributing to the leak. Working with a reputable and experienced contractor can help you resolve the issue and ensure that your home is protected from water damage in the future. Additionally, it may be helpful to document your interactions with your roofer and seek legal advice if necessary to ensure that your rights as a consumer are protected. 

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