One other quick question is who wrote the contract originally? if it
was his contract an ambiguity goes against him usually as he is the one
writing the contract so if he did not mean to imply something he could
change it!

another 2Cents

Wayne


Lisa Taylor wrote:

x-no-archive: yes

We recently hired a roofer to replace the roof (full strip and new
felt,flashing,water/ice shield, new ridge vent installed etc) of our
house. The contracted price was Amount A, made in 3 payments. Prior
to signing, I also stated a complete clean-up & sufficient soffit
ventilation in the contract. The house had substandard soffit
ventilation and ice damming had been a problem in the past. The
contract also included a 5 year workmanship warranty and a 10 year
extended "System Plus" warranty from the manufacturer, GAF. Soffit
vents were discussed with the estimator and again before the job
started.

The contract also stated that any additional work which required
additional payment would be due before the work began. The roofer
accepted the contract and cashed the deposit (1st) payment. Sometime
later they began work and the second payment was made.. The started
on a day when there was rain in the forecast, and stopped work that
day after rain had began. Due to severe storms (some water
penetrated into the attic), work could not resume for several days.

They did finish the shingles when the weather cleared several days
later, which took about a half a day of work. When they said they
were finished, I inquired about the soffit vents, which had not been
added. I pointed out that they were in the contract. The foreman
said he would have to check with the office. The next business day,
someone arrived and said we already had soffit vents. I said, yes
that is true but there are not many and they are quite small, under
30 square inches total. He added several vents, but instead of
cutting a square hole (e.g. just smaller than the metal vents) he
drilled 3 large holes, so that the total venting area is
significantly less than the vent. (The same GAF vents may be
purchased for less than $2/ea at home depot.)

Since the job was complete, the final payment was made, and Amount A
was paid (and checks cashed) in full. Shortly thereafter, an invoice
arrived (Amount B) for soffit vents.

I disagree that I owe Amount B. Soffit vents were included the
contract, which the roofer did accept. No agreement was made to pay
Amount B. The shingle manufacturer, GAF, requires 1 sq inch or soffit
ventilation for every sq inch of exhaust ventilation in their
documentation, and a ridge vent increased the exhaust ventilation.

The roofer claims that GAF vent requirements are only a
"recommendation." Roof also claims that I owe Amount B because he
did not agree to the soffit vents and he had to send someone on a
separate visit (he could have done everything on the same visit).
The roofer also says that he will not activate warranties until
everything is paid, despite that Amount A was for a contract that
included warranties and Amount A has been paid in full.

What is the most fair way to resolve the situation?

Thanks!