"CL (dnoyeB) Gilbert" wrote in message
...
PrecisionMachinisT wrote:
"SQLit" wrote in message
...

"Lisa Taylor" wrote in message
...

Kyle Baxter wrote:


"Lisa Taylor" wrote


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.

You may have expressed your concern prior to signing, and discussed

things

with the estimator. But, the bottom line is, what did your contract

that

you signed state?

I included a clause "include sufficient soffit ventilation" in the

written

contract before I signed it and sent it to the roofer.

there you have it. a vague statement. You wanted new, more venting.
your
contract says sufficient.
I would refuse payment and wait for the contractor to sue. Drilling a
few
holes certainly is not worth going to court.




If the shingle manufacturer won't warranty the product because the
installer
has provided insufficient ventilation then he has breached his implied
contract pure and simple.


Soo true. The shingle manufacturer's warranty is 10 years while the
installers is 5 years.


So the only case she has is to ask the shingle manufacturer if they will
warranty the shingles with the current level of ventilation. That is
the key because that is what determines what 'sufficient' means.

If they wont, the the installer must by your contract install the vents,
in this case go to court. If they will, then you have no case against
the installer.


Exactly....and he must do so at no additional charge above the original
contract price....since as per the contract, he sold her roof having a 10
year or whatever manufacturer's warranty...and this is especially true
since"sufficient venting" was specifically addressed within the original
quote.

She covered this base quit well, IMO..sadly not a whole lot of avenues for
recourse excepting perhaps the permitting authority and the BBB...

Personally, and as I said before, I wouldn't **** around with this
jerk--just file in small claims court for an un-warranted roof and make him
pay the difference....or get some legal advice...let some paralegal ponder
it....She's PAID for the warrantee....and so far hasn't gotten it....

FWIW: I can buy asphalt shingle "seconds" for like dirt cheap if I want to
install them myself and am not concerned with any warranty--and for smaller
projects, I often will do just that.

--

SVL