The roofer did a really bad job on re-roofing my roof, I have asked him several times to make the repairs and he refuses, he said that he wants his money for the work he did or he will put a lien on my house, I asked him to credit me but he refuses to do any thing except collect his money or slap a lien on my house. what can I do?”
His rights on the contract are to collect the money owed or place a lien to secure the payment you owe.
What rights did the contract you sign provide you to withhold payment for not liking the work? Read your contract for the answer or hire an attorney to help you interpret it
You are in a tough situation. If you do not pay he can lien. What are the terms of the contract for the work.. Was this storm related and insurance company involved. There are storm chasers out there doing roof work which the city of Chicago and department of insurance are aware of as taking advantage of homeowners. Also if it is you perhaps can work with the insurance adjuster and ask if this is fair ect. If this is not the case and simply an issue for roof replacement. Then the question is are you timely with your payments? Did you notice the color of the shingle going up. Does the contract state some type of procedure for selection of shingles. Do you know if he put ice and water shield down. You may need to get an attorney involved. Also you have a right under the mechanics lien act to demand waiver of liens from him to demonstrate and confirm payment for materials before you sign off with money and final payment. You can also demand a mechanics sworn contractors statement under the mechanics lien act of Illinois which he then will have to disclose all subcontractors if he subed the job out. Also under the home repair act he had to put in certain language and other disclosures in his contract. You can visit the attorney general web site of Illinois for that information or just Google it. However all that being said suggest you get an attorney or try and resolve directly. These lawsuits can get costly. However I do not know the amount involved. Good Luck
For all practical purposes, contractors hold a lot of cards because of their lien power. As between fighting a lien before a lien foreclosure judge, and paying the contractor and then suing for any breach of contract damages you may have, the choice depends on the wording of your contract, the amount involved, and your tolerance for risk. My colleagues have given you excellent advice, you really do need to schedule a consultation. Many contract attorneys will see you without a charge. Having said that, make sure you get someone with real expertise.
Answering this question does not set up a attorney-client relationship between us. My comments do not constitute legal advice. If you would like to pursue representation, please contact me.
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