We had a company come add foam to our roof with the understanding it would no longer leak. Well when it rained it leaked and now the company is trying to say it was a cash deal as is no warranty. The roof was just foamed in December 2018
You need to create a paper trail, so I suggest that you consider the following.
You should write the contractor a letter by certified mail to request that the contractor return to correct/complete his work. In that letter, you should advise generally what work needs to be corrected/completed. You should also indicate that if the contractor does not return to correct/complete his work, you will have to retain another contractor, and will hold the first contractor responsible for the costs. Finally, indicate in your letter that if the contractor does not advise that he will return to correct/complete his work within one week, you will presume that he has no intention of doing so, and you will hold him responsible for the costs of correcting/completing his work.
When the contractor does not return, you can retain another contractor to correct/complete the first contractor's work. Make sure that the second contractor itemizes his invoices and lists the costs to correct/complete the first contractor's work. You cannot charge the first contractor with the cost of work that was not within the first contractor's scope of work.
Once you have tallied the costs associated with correcting/completing the first contractor's work, you can consider suing him to recover those costs. The jurisdictional maximum for small claims court in Texas is $10,000. So, if your claim exceeds that amount, you will have to sue in County or District Court. In small claims court, you can represent yourself. In County or District Court, you will have to retain an attorney. However, under Texas law, you would be entitled to recover attorney's fees if you prevailed.
Make sure that you take a lot of photos of the first contractor's work. Digital photos with the date of the photo imprinted on the photo are best. You should document the condition in which the first contractor left the work and what it took to correct/complete the work.
Incidentally, foaming a roof does not typically stop roof leaks. In fact, when the roof does leak with the foam presumably on the underside of the roof deck, it will be hard to determine the actual source of the leak.
Also, there is an implied warranty of good and workmanlike performance for a contractor's work. If the contractor refuses to honor such warranty or otherwise has been deceptive, it may have violated the Texas Deceptive Trade Practice Act, which can award up to triple damages plus attorney's fees for knowing or intentional violations.
Have a lawyer send them a Deceptive Trade Practices Act notice letter. If they don’t settle the case in 60 days you can sue them and possibly get triple damages and attorney fees.
All posts are for information purposes only and not legal advice. No attorney-client relationship exists until an engagement document is signed by both attorney and client.
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