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  #1   Report Post  
Lisa Taylor
 
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Default Roofer Contract Dispute

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!

  #2   Report Post  
RicodJour
 
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Default

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


A newsgroup is a forum for the open exchange of ideas. The collected
archive is a vast searchable database of knowledge. Electing to not
have your post(s) archived is removing the original link(s) and makes
the train of thought through the thread more difficult to read. Please
reconsider.

R

  #3   Report Post  
Kyle Baxter
 
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Default


"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?

  #4   Report Post  
Lisa Taylor
 
Posts: n/a
Default

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.

  #5   Report Post  
SQLit
 
Posts: n/a
Default


"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.




  #6   Report Post  
JRanieri
 
Posts: n/a
Default


"Lisa Taylor" wrote in message
...
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?


That's the problem when the estimator/salesman is not the installer. Anyway,
there is a standard of 1 sq. ft of ventilation per 300 feet of attic space.

http://www.gaf.com/Content/GAF/RES1/...ventchart.html

If the roofer has not provided this, or is trying to bill extra for it - I
would compose a letter stating that providing adequate ventilation is part
of performing the work in a 'good and workmanlike manner'. I would send a
certified letter to the contractor, and copy in the state licensing board
and GAF corporate.

Now if you already had vetilation meeting the requirements, your argument is
weaker - although you do have the written contract calling for add'l vents.


  #7   Report Post  
Kyle Baxter
 
Posts: n/a
Default


"Lisa Taylor" wrote

I included a clause "include sufficient soffit ventilation" in the written
contract before I signed it and sent it to the roofer.


After reading your original post again, I see I missed where you stated it
was in the contract. My apologies to you.

From what you have said, looks as if someone is trying to get over on you.

I think I would forward a copy of the contract and additional bill to the
BBB, along with a letter explaining the situation. I probably would send a
CC to your states attorney general. Then wait and see what transpires.


  #8   Report Post  
PrecisionMachinisT
 
Posts: n/a
Default


"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.

What else could "include sufficient soffit ventilation" have implied in this
case anyways ???

I would take HIM to court unless he gets those warranty papers turned in
pronto.

--

SVL




  #9   Report Post  
 
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In addition to the other useful suggestions, check with the state
licensing agency.
In this state, one can file a complint and have it reviewed.
I would take photos of the work as part of your complaints.
It doesn't sound - from your post - like it meets the "industry
standards".
Check with the shingle manufacturer about warranties and "suggested" v
"required" venting amounts.
I also note that the extra work was done without written authorization
or payment as you say is included in the contract language.
TB

  #10   Report Post  
Lisa Taylor
 
Posts: n/a
Default

JRanieri wrote:

"Lisa Taylor" wrote in message
...
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?


That's the problem when the estimator/salesman is not the installer. Anyway,
there is a standard of 1 sq. ft of ventilation per 300 feet of attic space.

http://www.gaf.com/Content/GAF/RES1/...ventchart.html

If the roofer has not provided this, or is trying to bill extra for it - I
would compose a letter stating that providing adequate ventilation is part
of performing the work in a 'good and workmanlike manner'. I would send a
certified letter to the contractor, and copy in the state licensing board
and GAF corporate.

Now if you already had vetilation meeting the requirements, your argument is
weaker - although you do have the written contract calling for add'l vents.


Thanks for the advice. The house (mid 1960s construction) only had gable vents
and small soffit vents. The old soffit vents were circles, about 2 1/2" in
diameter, with louvres that made their effective intake area to be around maybe
one square inch each. The entire house only had 24 of these, and the house is
about 45 x 24. As your link to GAF states,
"Remember: Always have a balanced ventilation system.
In no case should the amount of exhaust ventilation
exceed the amount of intake ventilation."
I have GAF's written information which states the same. So the way I see soffit
vents would need to be added to match the exhaust area of the ridge vent.

I would have assumed that "sufficient soffit ventilation" would indicate what
the shingle manufacturer requires. I doubt GAF would honor their warranty if
it's not up to their specifications. I am not sure what my state's building
code (MA) says about soffit ventilation requirements, but will try to find out.

So I have two beefs with contractor. One for charging extra for soffit
ventilation (which I put in the contract and also would seem to be needed for a
proper job even without explicitly being in the contract) and also for
attempting to hold my warranties hostage, even though they put the full
warranties (theirs and GAF's) in the contracted price, which has been paid to
contractor in full. (Checks cashed)

Thanks for everyone's advice. I will check with a lawyer tomorrow as well.
Amount B isn't a huge amount relative to the contract price, but I don't
appreciate how they have handled everything.

(I have also heard that it is a good idea to close the old gable vents when a
ridge vent is added to avoid vent short circuiting between gables and ridge --
although that is a separate issue that I can address myself).



  #11   Report Post  
wayne
 
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Default

Ask him on what basis he wants additional money and what his
understanding of the soffit wording in the contract was supposed to
mean?

offer to have it settled in small claims court. I would also let him
know of your intention to file a complaint with the BBB if he did not
provide you with a full and clear warranty as stated.

I am tottaly at a loss as to why you made the full payment before the
work was 100% complete to your satisfaction.

Was a building permit required for your work? That is another whole
ball of wax I know but still something else to consider

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!

  #12   Report Post  
HeyBub
 
Posts: n/a
Default

Lisa Taylor wrote:

Thanks for the advice. The house (mid 1960s construction) only had
gable vents and small soffit vents. The old soffit vents were
circles, about 2 1/2" in diameter, with louvres that made their
effective intake area to be around maybe one square inch each. The
entire house only had 24 of these, and the house is about 45 x 24.
As your link to GAF states, "Remember: Always have a balanced
ventilation system. In no case should the amount of exhaust
ventilation exceed the amount of intake ventilation."
I have GAF's written information which states the same. So the way I
see soffit vents would need to be added to match the exhaust area of
the ridge vent.


The reason the manufacturer wants "sufficient" soffit vents is to prevent
the shingles from melting! I exaggerate, but obviously the roof degrades at
extreme temperatures.



  #13   Report Post  
wayne
 
Posts: n/a
Default

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!

  #14   Report Post  
Lisa Taylor
 
Posts: n/a
Default

wayne wrote:

Ask him on what basis he wants additional money and what his
understanding of the soffit wording in the contract was supposed to
mean?

offer to have it settled in small claims court. I would also let him
know of your intention to file a complaint with the BBB if he did not
provide you with a full and clear warranty as stated.

I am tottaly at a loss as to why you made the full payment before the
work was 100% complete to your satisfaction.


To clarify, I made the final payment of the contracted price (Amount A)
after everything was done and their soffit vents had been installed as
well. The amount under dispute is an excess amount (Amount B) which they
are trying to charge in addition to the original contract price.

I also noticed that the soffit vents they did install were installed using a
wide drill to make several holes, not cutting a full square with a saw.



Was a building permit required for your work? That is another whole
ball of wax I know but still something else to consider.


Yes, a building permit was required and I ensured that it was obtained by
the contractor.

  #15   Report Post  
 
Posts: n/a
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The mistake was not spelling out in the contract how much additonal
soffit venting was to be installed, what type, where it would go, etc.
But it did say that sufficient venting was to be supplied as part of
the deal and that any additional work requiring payment was to be
spelled out upfront. The contractor did not ask for payment upfront,
nor does it sound like he asked for it when you called him back over
the soffits. So, I would simply send him a letter spelling out your
position, and indicating that you believe he has been paid in full.

As someone else pointed out, he's unlikely to sue you over this small
amount and if he does it will likely be in small claims court.



  #16   Report Post  
CL (dnoyeB) Gilbert
 
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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.

--
Respectfully,


CL Gilbert
  #17   Report Post  
PrecisionMachinisT
 
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"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


  #18   Report Post  
Norminn
 
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Lisa Taylor wrote:
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.


What is "amount B"? Worth hiring attorney? Contracts are great when
they specify terms. "Sufficient ventillation" sounds, to me, like "good
shingles" "properly installed".

Here is a link to GAF's warranty plans; only covers first and second
owners if the second owner notifies, blah, blah, blah. Also specifies
that the roofer must be paid in full. He must be certified by GAF, if I
understand the features of their different warranty plans. Now, with
different kinds of plans available, some for only shingles and some for
entire system, it appears that you may have PAID for the higher level
warranty. IF "amount B" is worth a battle, then, perhaps, a letter to
the applicable licensing board and to GAF is in order. The website
probably will give the names of certified installers. The contract
should have been more specific, IMO. Usually learned the hard way.

http://gaf.com/General/GafMain.asp?Silo=RES1&WS=GAF

Around these parts, it is harder than heck to find someone to do
fascia/soffit work. Our roofer avoided doing it, and it may not be part
of his license.

  #19   Report Post  
Curly Sue
 
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On Thu, 16 Jun 2005 21:11:09 -0400, Lisa Taylor
wrote:

What is the most fair way to resolve the situation?

Thanks!


It sounds like you're dealing with a nasty roofer.

Please also register a complaint with the BBB. They make that
information available to potential customers, including whether the
issue has been resolved to the satisfaction of the complaintant. The
information stays on record for 36 months.

Sue(tm)
Lead me not into temptation... I can find it myself!
  #20   Report Post  
JRanieri
 
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"Lisa Taylor" wrote in message


Thanks for everyone's advice. I will check with a lawyer tomorrow as

well.
Amount B isn't a huge amount relative to the contract price, but I don't
appreciate how they have handled everything.

(I have also heard that it is a good idea to close the old gable vents

when a
ridge vent is added to avoid vent short circuiting between gables and

ridge --
although that is a separate issue that I can address myself).


Also, be aware that a favorite trick of a contractor owed a disputed amount
is to file a mechanic's lien on your property. While consulting the lawyer,
you may want to ask him about the best way to handle this possibility.

Good luck.




  #21   Report Post  
v
 
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On Thu, 16 Jun 2005 21:11:09 -0400, someone wrote:

Your problem is that (apparently) the contract said ":sufficient"
soffit venting, an imprecise term. If you wanted so many square
inches you needed to say so. If you wanted "per shingle
manufacturer's recommendations" you should have said so. Your house
had vents, you wanted more. Did you state how much more?

Sounds like if the estimator clearly understood your specifications,
there would have been a higher charge for the job. In general, I
think you should pay for the extra vents, but that there is a Q if
they were properly installed.

BTW, as for complaining about how cheap the vents are (so therefore
you should not be charged), turn it around, if they are so cheap you
could have bought them and hired the roofer to "install soffit vents
furnished by owner".

If you want to take it to court, I suppose you could try to hang your
hat on the manufacturer's recommendations, but again that doesn't
sound like it was clearly stated in the contract.

Say you are willing to pay but that you want them reinstalled with
bigger holes. Of course cutting a big slot in the soffit may weaken
it.


Reply to NG only - this e.mail address goes to a kill file.
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