Can I sue the roofing company for not repairing and fixing he roof leak around the stone chimney after 7 attempts?

Asked over 4 years ago - Union City, GA

I have this roofing company as a profit corporation to install the new roof and fix rotted decking and roof leak around the stone veneer chimney area back to April this year. Ever since they installed the new roof, the chimney roof has not been properly fixed and repaired after seven (7) attempts. The work on the chimney roof was clearly defective and poorly installed. I have met and discussed with owner in person. The owner has insisted that they have done us a favor through those seven (7) attempts to fix the chimney roof leak since the contract has mention no warranty will be issued for the stone chimney. My argument is that the chimney roof leaking has not been fixed and repaired in the first place. The owner wants to charge me another $600 for the job as to compensate their cost.

Additional information

The owner wants to charge us $600 for labor only to rebuild the chimney and we have to pay for the material. The problem is not with the chimney. It is with the improper installation and poor workmanship on the chimney roof.

Attorney answers (1)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . This is exactly the type of factual dispute that is the reason that they build court houses. Document everything. Of course you have a copy of the written contract. Take pictures of all of the work that shows defective workmanship. You need photocopies, or the originals, of all payments or receipts for payments. Then file a claim either in the local small claims court or the district court depending on how much in damages that you seek. The court can not force the contractor to do anything, this would require injunctive relief. All the court can do is award you money damages. Finally, if this is not entirely clear, and if the court is going to be confused by the arguments on both sides, it would not hurt for you to have another contractor come in to the court to testify in your favor. (No letters or affidavits, court requires actual live testimony. Unless you are in small claims court where the judge may or may not bend the rules a bit.)

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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