# Help! I think I got the bait & switch!



## sfried01 (Jun 14, 2009)

I just replaced the very old roof on our new home. The roofer gave me a contract that stated that he will be using Timberline GAF ELK shingles. It even says on the contract that all materials used are guaranteed to be what was stated.

Well, the roofer put up IKO Cambridge shingles. I happened to see the packaging before they removed the extra materials, but after the roof was completed. When I called him, he told me his supplier told him that they were the same quality, and he only went with IKO because of my color choice. It so happens that the IKO shingles were not the correct color at all. I asked for charcoal (which is near black in Timberline) and they put up charcoal gray, which is significantly lighter in color.

I have seen info on the web about class action lawsuits about IKO shingles because of poor performace and post by roofers who will not use them. I am very disappointed right now.

I'm sure the roofer knew exactly what he was doing, and was trying to save himself a few bucks while playing ignorant, but I am not going to make any accusations to him at this point.

We have only paid the roofer $5,000 of the $10,800 job. Anyone have any suggestions about what we should do at this point? We are meeting with him tomorrow.


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## Scuba_Dave (Jan 16, 2009)

If you have a contract then he broke the contract
I'm not familiar w/IKO shingles
Where are you located ?
Hot area? Cold
Lighter colored shingles in a hot area are better - do not soak up as much heat

Did you instruct them to stop shingling the house with the wrong shingles at any point?


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## sfried01 (Jun 14, 2009)

I live in Northern NJ, with pretty cold winters. The job was done in a day and a half, and I did not realize the shingles were IKO until it was done. They kept the shingles in the driveway (which is in the back of the house), and my cars were parked on the street out front.


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## Slyfox (Jun 13, 2008)

IKO has had some failed shingles due to manufacturer error, 
but every manufacturer on the market has as well, including GAF/Elk.

That doe's not mean every line of shingles they sale will go bad,
they find the problem and correct it.
So the issue should not be rather or not the IKO is of equal quality,
it should be that the roofer varied from the contracted agreement with out first informing you.

In my area IKO has a sale going on, if you purchase a certain amount of their shingles & accessories you get a $6.00 per square discount.
I don't know if that is a national sales pitch or just local here in my area,
but it's something to look at/ask about.

I would not start off with threats of legal action at the meet with the roofer.
Make your feelings of disappointment clear and give him/her the opportunity to correct the situation.
I can't give any advice on legal steps, never been involved with a lawsuit before.
I'm sure the roofer will want to settle the situation with out legal action.

Good Luck.


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## Yoyizit (Jul 11, 2008)

I don't like the sound of this. . .

For this many bucks I'd spend $75 to get the advice of an attorney. Then you can say, "On advice of counsel, I am going to . . ."

"In decision theory, the expected value of perfect information (EVPI) is the price that one would be willing to pay in order to gain access to perfect information.[1]"


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## Slyfox (Jun 13, 2008)

Yoyizit said:


> I don't like the sound of this. . .
> 
> For this many bucks I'd spend $75 to get the advice of an attorney. Then you can say, "On advice of counsel, I am going to . . ."
> 
> "In decision theory, the expected value of perfect information (EVPI) is the price that one would be willing to pay in order to gain access to perfect information.[1]"


If after meeting the roofer, if he/she doe's not make an offer that is 100% satisfactory to you 'the home owner' than I would not make any additional payments to the roofer until after you do like Yoyizit say's and contact an attorney first.
Meeting with the roofer first is a showing of you attempting to deal with the situation with out legal action and that will go a long way 'for you' should you end up in a court battle over this situation.

Edited to add:
The only reason I say to not try and make this an issue of rather or not IKO shingles are of equal quality as GAF/Elk or not, is because they, like all other brands, are manufactured to meet the same codes & regulations.
Thus if you make it a quality issue your setting yourself up for a long drawn out battle.
So it would make more since to focus on the fact the roofer varied from the contracted agreement with out notice and applied the wrong color in doing so.
These two situations are easily proven with showing the original written contract and photos of the shingles to show the color difference.


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## sfried01 (Jun 14, 2009)

Thanks for the advice. My husband and I would like to avoid the legal route (as the roofer would I'm sure). My husband is actually a Manhattan based attorney in employment law and is quite well versed in breech of contract. We just want to do what is best for our roof, either redo the whole thing in Timberline in the correct color as promised initially or keep what we have at a deeply discounted rate, as yes, there is no doubt the contract was breeched. I agree that arguing the quality of the shingles is really not the issue in negotiating with the roofer, but it is the determining factor in how satisfied we will be if we keep what we've got.


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## Yoyizit (Jul 11, 2008)

sfried01 said:


> Thanks for the advice. My husband and I would like to avoid the legal route (as the roofer would I'm sure). My husband is actually a Manhattan based attorney in employment law and is quite well versed in breech of contract. We just want to do what is best for our roof, either redo the whole thing in Timberline in the correct color as promised initially or keep what we have at a deeply discounted rate, as yes, there is no doubt the contract was breeched. I agree that arguing the quality of the shingles is really not the issue in negotiating with the roofer, but it is the determining factor in how satisfied we will be if we keep what we've got.


Materially breached, I'd say!


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## roofah (Jun 14, 2009)

First let me say I just registered here last night started reading some posts and slyfox has given great advice every time. Try to work it out with the roofer first but I see it like this: You wanted GAF in your contract and he gave you IKO so, He wanted money to complete your job give him monopoly money and tell him the bank told you it was the same quality as american dollars. Just kidding by the way. But Your first clue should be that the supplier informed him that IKO was just as good, any quality roofer should know about the products he installs without having to ask anyone. You should really read this before you hire another contractor:

http://homerepairhelper.com/finding-right-contractor/

If he didn't give you the right shingles he probably broke a few of the other rules in that article and finding out may just help you with a court battle. All joking aside good luck and be sure to post and let us know how you made out.


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## MJW (Feb 7, 2006)

I'm very interested to see how this turns out.

It's hard to believe someone would pull a stunt like that.

In all honesty, you probably have the better of the two products on your roof. I don't have much faith in GAF products since replacing so many defective ones.


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## sfried01 (Jun 14, 2009)

*Update*

So, I went to work this morning and l left a note for the roofer (as per his instructions) as to any issues we saw with the work that was done -which there were a few minor things. I wrote in the note that we would like him to replace the roof with the materials that were stated in the contract as well as the correct color. I received a call, not from the roofer, but from a representative of IKO, who said that Joe (the roofer) asked him to call me to address any concerns I had about their product.

I told him I had concerns about the class action lawsuit, but that primarily the color was not what we wanted and the materials were not what we had expected and were not what was stated in the contract. He really couldn't add much to the conversation at that point.

I am sure he got back to Joe, who (as per the nanny) was on our roof briefly this morning and then left. So far Joe has not gotten back to me. I am sure he is not too excited about replacing the roof. I expect that he will either call me to negotiate a deal, or just walk away from the job completely and cut his losses, as he really doesn't have a leg to stand on.


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## Yoyizit (Jul 11, 2008)

xxxxxxxx


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## Yoyizit (Jul 11, 2008)

sfried01 said:


> I received a call, not from the roofer, but from a representative of IKO, who said that Joe (the roofer) asked him to call me to address any concerns I had about their product.


What *you say* on the phone to this guy counts [because he's probably taping it regardless of what the one-party-taping laws say] and *what he says* means nothing.
Ask that all communication between you and these people be in writing. Anytime someone talks about "addressing your concerns" I think you're in for a fight.


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## sfried01 (Jun 14, 2009)

*The roofer called back*

The roofer left a message on my cell phone. He said that he would really prefer not to redo the entire roof and that he will fix the other minor complaints that we have. He would like to meet with me himself as well as with the IKO rep to discuss things and negotiate a deal. He says that he has invested $8000 in the project.

Anyone have any suggestions at this point? We have paid him $5000 of the $10,800 stated in the contract. We are willing to come to an agreement with him. I'm just not sure how much would be a reasonable amount to pay him. We will in the end have a roof that is probably quite good, but in a different color (gray instead of black) for the next 20 years. I don't really want ot cheat the guy (even though he attempted to do that to me), but I don't want to pay him anymore than what is truly reasonable given the circumstances.


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## Ed the Roofer (Jan 27, 2007)

Your contractor acted foolishly and without business professionalism, Especially since your husband is an attorney.

If he absolutely had NO choice, he needed to get your approval before he took the burden upon himself and preferably with a written agreement from both parties, rather than verbal.

Now, you have a decision to make.

Do you accept the switch from one brand that you contracted for to another brand that has less than a stellar reputation, whether deservedly so or not?

And.....

Do you accept the change in the color of the shingle provided?

If the answer to either is a straight out NO, then how significant do you view the damages to be?

Would you be willing to "Live With The Substitute" for a financial discount and if so, how much would be acceptable to you?

Although the product may fall into the "Like Kind And Quality" measuring stick analysis, from some opinions, others may tend to disagree.

Is the inconvenience of going to court worth it to you to get this straightened out?

Is the inconvenience of having the roof once again removed and replaced with the contractually agreed upon materials going to sit alright with you?

This would be similar to ordering a brand new Black Chevy and getting a Charcoal Grey Saturn. Is that what you ordered?

Court and lawsuits, as you and your husband surely know very well, are the venue of last resort.

What if this particular indiscretion on the part of your contractor were severe enough if he has to do the entire project all over again, be enough to put him out of business?

Would you still desire the roof to be changed if you knew there was no contractor in business to take care of any possible warranty issues.

As you can see, there needs to be a calm headed decision about the results that you expect to obtain and see if the contractor will willingly oblige those requests, or if it will take legal action for him to comply. 

I hope this works out amicably for everyone involved.

Ed


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## Scuba_Dave (Jan 16, 2009)

A contractor doesn't have the right to change colors & materials once its written up in the contract . If it clearly specifies the Mfg & color then he has no legal standing

What if this was the house & the color agreed upon was slate blue & they painted it light blue?

*Ed posted at the same time
I'd agree to try to settle this out of court 1st


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## Yoyizit (Jul 11, 2008)

I doubt that your roofer and his hired gun are out of tricks.
And I think it's plausible that subcontractors who he hasn't paid will come calling at your door, demanding payment.

You're being played.

Sue.

Now.


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## Paragon (Jun 14, 2009)

I think it is simple if a certain product was specified then that is the product that should be used. If you the homeowner want GAF Timberline and a contract was drawn up to that effect then he should have applied GAF timberline. If I order a Lamborghini in black and you bring me a Red one I am not going ot be very happy with you. Both are beautiful colors however I ordered BLACK not RED!

You have a contract and the reason he substituted the IKO for the GAF was probably a little shot in his pocket but it could have been that there were not enough of the timberlines on hand as sometimes they experience quantity shortages. He should have discussed it with you FIRST and said "I am substituting this shingle for this shingle because..." I am guessing if his reasoning at that point in time was valid you would have been okay with it right? Instead he took the liberty to go outside of the contract and order the wrong materials. Again, if I tell you I am going to trim your basement out in Oak and I put in Poplar again you aren't going to be very happy with me.

Talk to the roofer and explain that is the purpose for the contract and you agreed to GAF and NOT TIMBERLINE regardless of quality issues. I read that you already communicated with him and right now make sure you get everything in writing which you and your husband are well versed in I am sure.

I agree, work it out with him first and if it means him re reroofing the whole roof then that is what it takes. HOWEVER now he may look to cut costs even more since this is a loosing proposition no matter how you slice it or dice it. If he was upset he may be even more upset so you now have to consider this. If you go to court the court may give him the chance to make it right but then they may order him to pay another contractor to complete the tear off and the reapplication. I think that a lawsuit will look bad for him and either way he is going to pay for the job to be redone because a red Lambo is NOT a black Lambo!

Take care and let us know how it goes.

James


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## Paragon (Jun 14, 2009)

Ed a Saturn and a Chevy come on now! You used my anology LOL interesting that we used the same anology as we were typing the response at the same time.

I feel for the homeowner and Ed makes some excellent points! Inconveninece is the next step and what is this all worth to you? That is something you have to now determine and I bet your Husband knows some good contractual attorneys that he could bounce this one off over a round of golf. I always fear working for attorneys and make sure that I cross my t's and dot my i's however this is easy if you are doing what you are supposed to be doing and are on the up and up then they become no different than the client who is a sanitation expert.

Good business practices keeps you out of a lot of binds and so does knowing when you are wrong and I think he realizes he is wrong and so the next test will be of his character and how he takes care of this situation. Another good test of his character PRIOR to litigation is contact the BBB and let them know of the situation and they will send him a copy of the complaint and will allow him to correct it. They are very easy to work with and a lot of times you can do that right online.

Take care again and good luck

James

P.S. remember what Ed said keep and make cool headed decisions as best you can because a heated interaction will get you nowhere but in court and no one really wins there.


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## Slyfox (Jun 13, 2008)

sfried01 said:


> The roofer left a message on my cell phone. He said that he would really prefer not to redo the entire roof and that he will fix the other minor complaints that we have. He would like to meet with me himself as well as with the IKO rep to discuss things and negotiate a deal. He says that he has invested $8000 in the project.
> 
> Anyone have any suggestions at this point? We have paid him $5000 of the $10,800 stated in the contract. We are willing to come to an agreement with him. I'm just not sure how much would be a reasonable amount to pay him. We will in the end have a roof that is probably quite good, but in a different color (gray instead of black) for the next 20 years. I don't really want ot cheat the guy (even though he attempted to do that to me), but I don't want to pay him anymore than what is truly reasonable given the circumstances.


There's and ace and two kings on the table all ready,
he has a king and a deuce in the hole, you have two aces.

If you can live with the color change and the minor issues are taken care of by him, than pay him $3000.00 'give or take' and be done with it.
You'll have a new roof at less than you originally thought you would have to spend and he just paid for a lesson in contract agreements.

If he has any sense at all that deal will work,
because at this point breaking even is the best scenario for him.

It's all about what you can live with.

BTW. if that really was a manufacturer rep from IKO who called you than this roofer obviously is not a scab/flybynite operation,
a manufacturer rep is not going to make that type of call for anyone less than a respected contractor.
Looking at it that way suggest this was an error / poor judgement call,
rather than some scam.


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## Ed the Roofer (Jan 27, 2007)

Sly,

That is almost exactly my take on what should be offered to be done, but it is predicated on the home owners being satisfied enough with the shingle change and the color change to not have any down the road regrets.

If he has $8,000.00 into the job already, that means that it WILL cost him More than $16,000.00, because YES, the IKO shingles are discounted around the country, becuase they are trying to attain some market share after the negative publicity about their products for many years running.

So, it would cost him over $5,200.00 out of pocket with NO profit, to do the entire tear-off and new re-roof with the correct shingles. At that point, he would probably say screw it. It will cost too much to make things right.

But, I was thinking of knocking off any reasonable agreed upon sum, if that would make you satisfied ENOUGH with the ending color scheme and if you were confident enough in that brand of shingles.

The next card played will probably be up to you and your husband.

Ed


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## Paragon (Jun 14, 2009)

Yeah I would wait for the offer as well and see what he is offering. I would make no agreements with him on the spot but rather ask for time to review his offer. Ask him to bring his documentation for the job such as invoices and proof of his expenditures and see what it is that is the big secret. That will tell you how honest he is.

I think he needs to be more cautious of his contractual verbage and if he chooses to specify whatever shingles he wants then he should talk in general terms.

Here is another question for you, is this an insurance job? If it is be careful of the stipulations of your policy as in some states it is illegal for the homeowner to profit from a project so he may turn the knife on you if he feels liek he is being stabbed in the back should you get any "overages".

Also be careful of any settlements that he may want to make. I am guessing that he will waive any future claims you may have on the roof. I am guessing that you will have an impossible time getting him back to do any work but at least you can litgate against him and gain monetary damages should you pay another contractor to do any work he warranties down the road.

This whole deal stinks and it is contractors like this that gives us all a bad name!

Take care and let us know how it turns out.

James


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## Ed the Roofer (Jan 27, 2007)

One final note for the time being.

Also, request copies of all invoices from any material suppliers and any subcontractors in the form of a sworn affadavit from your contractor.

Then, you know who supplied materials and supplied labor for your project.

Find out from them, via eithe a Partial Waiver Of Lien To Date, or a Full And Final Waiver Of Lien, if they have been paid or not.

When it is time to pay out, you should make any payments to the contractor, In This Instance, either furnish Final Waivers Of Lien from all other vested parties, or make the checks out dual party with the additional party available immediately, on the spot, to provide you with their Final Waiver Of Lien.

Ed


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## wrangler (Oct 9, 2008)

I've been following this from the start, and I have to say that I am sorry for your unhappy experience with your contractor. As many on here will agree, be they contractors, DIYers, or just a friendly neighbor, we all strive to make people/customers happy... and sometimes make a living at the same time. 
I agree that you should have received exactly what you contracted for, Especially since it was specifically written in the contract. As some have stated, though your roof may be of lesser quality, is it still a roof of value, and if so, what is the value of the roof? That determines what the cost should now be recontracted for. 
BUT, unlike the thread headliner states, it is not a matter of "bait and switch", but more of modification of contract, which still requires your written consent.
"Bait and switch" is more attributable to a retail store advertising a particular product for a low price to draw customers in, but then only offering a different product at a higher price or lower quality. 
You still have not recieved what you contracted for, at the price you agreed to, but only you and possibly a third party can agree to what value was added to the home.
Someone used the analogy that if you ordered a black Ferrari but were delivered a red Ferrari that you did not receive what you ordered, but that would not mean that you get the Ferrari for free. In issues involving both tangible and non-tangible goods and services the area is much more gray than black and white. 
I would try to come to terms with the roofer and offer what you would feel happy with and more than likely he would be happy with as well, since he is definitely in the wrong. He says he is still $3000 out, then offer 2K and try to meet in the middle. Sure, he wont make anything from the job, but you save money from the original agreed price and he learns a lesson, pays his employees, and he and their families still eat.
But if the color and brand are still an impassible issue, I would try to give him the chance to make it right for two reasons. 
1) He wants a happy customer and good word of mouth
2) He needs to cut his losses due to what is already invested.
I doubt that he would do a lesser quality job if you demanded the roof to be redone, especially in light that it could lead to further litigation.
But in the end, the cards really are in your hand and you call the shots!
Granted, I am not a roofer, and here in the state of Florida where we get many hurricanes(lots of new roofs needed) and the summers are very hot, you could not pay me enough to be a roofer, but you still contracted for a specific roof. 
I hope you all find common ground (or roof) and come to terms!
Brett


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## sfried01 (Jun 14, 2009)

Thanks to everyone for the good advice; it has certainly helped us come to a decision about which way to proceed. We can live with the color (which would have been our 2nd choice), and we can live with the change in materials, assuming it is at least close to equivalent (which most of you seem to suggest). My own thinking was along the lines of what Ed was suggesting; requesting the documentation to show how much he has really invested in the project. To answer Paragon, this is not an insurance job, so no concerns there. So in the end, my husband and I will have to figure out for ourselves what amount will make things right, which we will determine after we sit down with the roofer and hear him out. It looks like this might happen Wednesday.


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## Ed the Roofer (Jan 27, 2007)

Please keep us updated with the conclusion of that episode.

It sucks to get into a book, but never find out the ending.

Ed


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## Dale Chomechko (Mar 11, 2008)

Ed the Roofer said:


> Please keep us updated with the conclusion of that episode.
> 
> It sucks to get into a book, but never find out the ending.
> 
> Ed


 This sounds like the guy bid the job too low & was trying to make it up on cheaper product, this happens all the time.
Having used both shingles I do not agree that they are the same quality.
Maybe the old Gaf shingle was but now that they have aquired Elk the shingle is a much higher quality (mind you we get ours out of an Elk plant)
The colours are very different as well. 
Having said that it is unlikely he will tear it off, anyone cutting corners like that does not have the money to lose.
Best to come to some sort of agreement, do not pay him in full as you will have a shorter lifespan on that shingle & get it in writing that he has paid his subs (from his subs) & a declaration from his supplier.
Then give him whatever you have agreed upon.
Dale Chomechko 
DC Roofing Inc


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## sfried01 (Jun 14, 2009)

*The meeting*

My husband and I just met with the roofer and the IKO rep. BTW, neither of them are aware that my husband is an attorney. We did not want to make things more confrontational at this point. The IKO rep was there to reassure us about the quality of the product, and thereby convince us not to go forward with a complete teardown. The roofer was very nonconfrontational, and was accepting full responsibility for his error (I'm sure in the hopes of settling this without a loss). He offered us $9000 for the complete job, which also includes $450 for fixing a crack in the masonry of the chimney. (I also do not know if this is a reasonable charge for smearing black stuff (some sort of epoxy or adhesive I guess) over the top of the chimney. The IKO rep will be sending us their warranty info, and I requested from the roofer documentation regarding how much he has truly invested here.

So, we will not be tearing down the roof. We will decide on a counter offer when he produces his invoices etc. If anyone would like to offer any further input, we're open to hearing it. Thanks!


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## Scuba_Dave (Jan 16, 2009)

That's almost a 17% discount
Only you can decide if that is enough
But good that you are talking it out


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## sfried01 (Jun 14, 2009)

It's actually a 20% discount. There was the addional $390 (not $450 as I mentioned above) for the chimney, and the exact total for the roofing job alone was $10860. We will make a counter offer; we will just have to see what feels right based on what documentation the roofer can supply.


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## Paragon (Jun 14, 2009)

Excellent happy to hear you are basing it on the documentation that he produces. Just as long as it is origional documentation and not a favor that the IKO rep producces.

I am looking forward to hearing what he actually has in the project


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## Yoyizit (Jul 11, 2008)

This might be a good move, but what is your strategy behind hiding the fact that your husband is an attorney?


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## Ed the Roofer (Jan 27, 2007)

Smearing "Black Stuff", which I presume to be plastic roofing cement or emulsion is not any way shape or form, a correct chimney repair.

An entire 5 gallon bucket costs $15.00 to $25.00 and then figure out the man hours to smear it wherever they did.

A complete re-pointing job would have cost a similar amount, plus new sheet metal base step flashings and counter flashings should be installed.

Please take a photo of the base and the top of the chimney to verify what was actually done.

I am not being nit-picky about the price for the work, but more about how it was done.

Ed


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## Ed the Roofer (Jan 27, 2007)

One more thing.

Since the IKO rep got involved, inform him that you have heard many issues about the poorer quality and reputation of their shingles and to be satisfied and allow that brand to remain, you would want them to back up the installation and the material for an extended Non Pro-Rated period of time, such as the 1st 10 years, before the proration begins.

At this point, you should have some better leverage for making such a request.

Have him verify that the intake ventilation and eshaust ventilation provided meet their specifactions also and get it in writing.

Ed


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## Scuba_Dave (Jan 16, 2009)

sfried01 said:


> My husband and I just met with the roofer and the IKO rep. BTW, neither of them are aware that my husband is an attorney. We did not want to make things more confrontational at this point





Yoyizit said:


> This might be a good move, but what is your strategy behind hiding the fact that your husband is an attorney?


They didn't want to cause a confrontation


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## Yoyizit (Jul 11, 2008)

Scuba_Dave said:


> They didn't want to cause a confrontation


But sometimes Shock & Awe works, and saves time?


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## sfried01 (Jun 14, 2009)

We called the roofer, and told him that we were willing to give him $8000 since he has not provided any documentation regarding the job. He wasn't particularly pleased, and will be discussing it with his brother and father (also roofers, senior to him) and will get back to us.


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## Paragon (Jun 14, 2009)

I think he would clue in and accept the offer. There is a chance by the time he pursues it in court he could be out a lot more the judge very well may order him to pay for another contractor to come in and redo the roof, maybe.

I think if he is not producing documentation on the materials and other things then there is something that he really does not wish for you to see and figure out and if it goes to court he will or better produce these documents or his credibility will be shot.

I think this is a really sad situation and hopefully his brother and Dad say settle but then they don't have any money in the game however changing a signed contract without authorization is a really bad idea.

Good Luck and be safe!


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## Ed the Roofer (Jan 27, 2007)

Right now, that is a perfectly understandable reaction from him and he needs time to think about it and discuss it.

What you should do now, to document the offer, is put together a letter and his response that he will discuss the offer with those other two individuals.

As an alternative, you can also suggest that if he is not willing to accept a decrease in the valuation of his services, then you can suggest that he come back and install the roof materials that were contractually agreed to and then be entitled to the full amount.

Send that to him, certified with return receipt requested for legal documentation purposes.

Your offer seems reasonable, but also please allow for a slight dollar amount extra for negotiating purposes, so that he does not have to feel like he is losing face completely, if he comes back with a different figure in mind.

The bottom line is that court will be time consuming and neither of you will win in the end, even if you received a 100% reimbursement of what you have already paid to him, so allow in your mind a figure that you and your husband agree to in advance, an amount you would still be willing to tolerate.

Ed


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## sfried01 (Jun 14, 2009)

*The final chapter*

The roofer called yesterday and asked if were willing to come up to $8500. That was really our taget number when we offered $8000. In the end, it's a 25% discount, which is enough to make things right for us. He will be straightening out one area today that is a little uneven, we plan on having him write on the contract that we have paid in full, and then we will give him the balance due.

Thanks to everyone for your helpful advice!


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## Ed the Roofer (Jan 27, 2007)

Still request the Final Waivers Of Lien from his material supplier and any subcontractor that he used, which can be written in on his Contractors Sworn Statement, which should also be Notarized.

If he lies on that, he would be in big legal trouble.

If you have any doubts that he is going to pay for the materials, write out that portion of the payment Dual Party to the material supplier and his roofing company and include the material invoice number on the check stating that it is Payment In Full for any and all materials supplied on the job.

It sounds like a reasonable and just offer to mediate the problem, so consider yourself properly taken care of.

Ed


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## Paragon (Jun 14, 2009)

Ed the Roofer said:


> One final note for the time being.
> 
> Also, request copies of all invoices from any material suppliers and any subcontractors in the form of a sworn affidavit from your contractor.
> 
> ...


I think you need to make sure that these steps are covered and you have the documentation to prove it. If you don't have these things hold back payment until you do. 

This is a loss for this contractor and if he has lost so may have some of the other contractors if this is the case. I am not saying that this contractor is dishonest but he has already changed the contract in whole once so he may do so once again.

This is a situation where (as your husband probably knows) you have to have your T's crossed and your i's dotted.

Good luck and I am happy that both parties have agreed to some sort of a compromise that you all can live with.

Make sure you protect your assets and also ensure that he doesn't walk away with no warranty on the materials because a workmanship warranty is probably not in effect in this case.

Take care and thanks for keeping us informed!


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