Roofing Dispute
Question: I installed a new roof using casual labor on my home. I then marketed the home with a "new" roof. After the home sold and closed I received a call from my real estate agent telling me that the buyer was experiencing a leak in the new roof. I sent my casual labor over to repair it. Now the gentleman wasn't happy with the labor performed and is insisting that I replace the roof with a roofing company. What is my obligation to him?
Answer: I am unfamiliar with the term "casual labor" which suggests work performed by someone who has rudimentary skills such as an inexperienced day laborer. In this instance "casual labor" would mean an ordinary handyman installing a roof instead of a roofing company willing to guarantee the installation and/or materials. I realize that expertise can be relative and very subjective. A day laborer can be capable of excellent craftsmanship, and this is where the complications begin.
Even more troublesome is the term "new roof" which has different meanings. A "new roof" could be one installed today, or installed a few years ago that is as functional now as it was on the day of installation. This term should be avoided in favor of a statement that a roof was installed on a particular day or month or in a certain year, a more accurate representation. While this is a fertile source of litigation, in your case the age of the roof appears not in dispute.
Generally speaking, one cannot be compelled to replace an installed product such as a roof unless it is totally worthless and there is no other remedy. To do so would involve unreasonable economic waste. In your situation, presumably the buyer inspected, or had ample opportunity to inspect, the roof and was satisfied or at least accepted it. At this juncture I would hesitate to have a company install a new roof at your expense, unless in your estimation the job is truly botched beyond correction.
In the event the buyer's complaint does not go away on its own, you may receive an attorney's letter under the Texas Deceptive Trade Practices Act making demand upon you to cure the defect or otherwise settle. You will then have a 60 day window to cure, or attempt to cure the problem, or make a monetary offer in settlement, or a combination of these alternatives. Your willingness to attempt settlement cannot keep the buyer from suing you for misrepresentations, etc., but it can prevent treble damages from being assessed against you under the Act.
Unless you can somehow settle this case on your own, which may not be advisable under threat of lawsuit, I recommend that you seek counsel familiar with this problem at your earliest opportunity, especially if you receive a formal demand. In these situations I recommend settlement if at all possible, unless the demand is totally unreasonable or other factors are present.
Answer: I am unfamiliar with the term "casual labor" which suggests work performed by someone who has rudimentary skills such as an inexperienced day laborer. In this instance "casual labor" would mean an ordinary handyman installing a roof instead of a roofing company willing to guarantee the installation and/or materials. I realize that expertise can be relative and very subjective. A day laborer can be capable of excellent craftsmanship, and this is where the complications begin.
Even more troublesome is the term "new roof" which has different meanings. A "new roof" could be one installed today, or installed a few years ago that is as functional now as it was on the day of installation. This term should be avoided in favor of a statement that a roof was installed on a particular day or month or in a certain year, a more accurate representation. While this is a fertile source of litigation, in your case the age of the roof appears not in dispute.
Generally speaking, one cannot be compelled to replace an installed product such as a roof unless it is totally worthless and there is no other remedy. To do so would involve unreasonable economic waste. In your situation, presumably the buyer inspected, or had ample opportunity to inspect, the roof and was satisfied or at least accepted it. At this juncture I would hesitate to have a company install a new roof at your expense, unless in your estimation the job is truly botched beyond correction.
In the event the buyer's complaint does not go away on its own, you may receive an attorney's letter under the Texas Deceptive Trade Practices Act making demand upon you to cure the defect or otherwise settle. You will then have a 60 day window to cure, or attempt to cure the problem, or make a monetary offer in settlement, or a combination of these alternatives. Your willingness to attempt settlement cannot keep the buyer from suing you for misrepresentations, etc., but it can prevent treble damages from being assessed against you under the Act.
Unless you can somehow settle this case on your own, which may not be advisable under threat of lawsuit, I recommend that you seek counsel familiar with this problem at your earliest opportunity, especially if you receive a formal demand. In these situations I recommend settlement if at all possible, unless the demand is totally unreasonable or other factors are present.
posted by TalkingTitle at 9:56 AM
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