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Obligation to pay roofer for materials/labor if fraud and failed to install correctly, voiding warranty? Not yet paid.

North CarolinaConstruction ContractDefects

Roof sales agent / operations manager repeatedly said they do 6 nail installs, not 4 nail like others, inducing sale. Post install, owner claims only 4 (fraud/unfair trade practices?) Importantly, work appears grossly negligent. 5 nails on most shingles, nailing patterns grossly deviate from manufacturer instructions leaving half of each shingle poorly secured; makeshift starter strips preventing self-sealing, starter strips not secured 2-3" from edge; improperly driven nails; high nailing; excessive shingle overhang leaving < 2" exposed gutter; underlayment cut substantially short of eaves / drip edges; missing drip edge on majority of backside where hard to see (deceptive), drip edge applied over underlayment at eaves, not secured every 12", distorted/short in some places; exposed nail heads; displaced siding, unsecured gutter; old, unpainted, damaged, and missing flashing; significant light streaming into attic, path for wind driven rain to enter. Manufacturer material explicitly states they will not honor warranty if not installed in accordance with their instructions. Most of the above work appears incorrect from reading of the manufacturer instructions and building codes. Damages like broken window, jchannel, rafter vents, siding; 6+ torn screens; bent gutters, crushed plant beds; shingle scraps clogging gutters, tar/debris left, etc. Has not repaired damages. May need complete redo to fix/warranty everything, avoid blow offs/water damage. He agreed to look into manufacturer warranty and fix issues before payment, then collections started calling the next day.

1 reply

Oct 30, 2019
Generally, defective construction work, in and of itself, won't constitute fraud. But, in a situation where a contractor has lied about their experience, pretended to be licensed, or has even falsified licensure information, that might rise to the level of fraud. Instead, an owner's recovery against a contractor who performed unsatisfactory work will generally be through construction defect claims, breach of contract claims, warranty claims against the contractor, or other legal claims. Further, claims against a contractor's license bond and complaints to the licensing board who issued their license may also help to provide some relief. Plus, keep in mind that the mere threat to take specific action can be enough to push a contractor to return to a job and remedy issues with their work. For more information about pursuing a construction defect claim, it might be helpful to consult local North Carolina construction attorneys - such as Lewis & Roberts - about how best to proceed. They'll be more familiar with making defect claims in the state, plus they can review all of your relevant circumstances and documentation then advise on how to best proceed.
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