Contractor Liability For Faulty Workmanship

Summary

The user, a resident of North Carolina, is dealing with a case of faulty workmanship by a roofing contractor. The contractors poor work has resulted in leaks in the users home. The user has documented the damage, hired an independent inspector, and taken legal action by filing a claim in small claims court. The user also plans to report the contractor to the Better Business Bureau. The user has subpoenaed four individuals to testify on his behalf in court. The total damages claimed amount to around $3,500.

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A roofing contractor preformed improper roofing construction on my home that caused the new shingled roof to leak water in my front bedroom, skylite to leak, and sunroom roof flashing to leak.
What state are you located in, Robert? This will help me provide the most accurate information regarding contractor liability laws in your area.
North Carolina.
Did you sign a contract with the roofing contractor? In North Carolina, contractors can be held liable for faulty workmanship under breach of contract or negligence.
Yes through my insurance.
Did the contract include any warranty or guarantee for the work performed? In North Carolina, contractors are generally liable for faulty workmanship under breach of contract or negligence.
The flashing around the chimney and skylite were not removed and flashing replaced.
Did the contractor provide any explanation or solution for the improper work done? In North Carolina, contractors can be held liable for faulty workmanship under breach of contract or negligence.
He told me that he would not pay for the leaks damage or replace the flashing. I have a verbal on my cellphone and a copy of it.
Did you notify your insurance company about the faulty workmanship and the contractor's refusal to rectify the issue?
I did but my insurance said it was my problem as the had payed for the reshingling of my roof.
Did you document the damage caused by the leaks? In North Carolina, it's crucial to have evidence of faulty workmanship for a potential legal case.
Yes I did. I hired a independent inspector to inspect my roof. I also hired a roofer, a painter and a carpenter.
Did you get a written report from the independent inspector detailing the faulty workmanship? In North Carolina, such documentation can strengthen your case.
I received a rotten report from each of the participating roofer,painter and carpenter.
Did you try to resolve this issue with the contractor before taking any legal action? In North Carolina, it's often recommended to attempt resolution before proceeding legally.
I never received a receipt for the reshingling of my roof that I recall. I called their office and requested one but no contact from the contractor.
Did you send a formal written request to the contractor for the receipt and detailing the issues with the work done?
No. I went to the County Court house where the home office is located and took out paperwork for claim of funds used to insure roof was done right.
Did you file the claim at the County Court? In North Carolina, small claims court can handle disputes up to $*,*. The nearest court is the Wake County Courthouse, * Fayetteville St, Raleigh, NC *, +* *-*-*.
I filed a claim against the contractor on Onslow County, Jacksonville, and Supenored my Inspector, Roofer, Painter and Carpenter.
What is the current status of your claim in the Onslow County Court? For reference, the Onslow County Courthouse is located at * Court St, Jacksonville, NC *, +* *-*-*.
The physical location is * Anne St., Jacksonville. Small Claims Court is in the basement. My Court Date is August *, * at *:00am.
Do you have legal representation for your court date or are you planning to represent yourself?
I had to supenor the four individuals mentioned above from Craven County where the live to appear in Onslow Small Claims Court on August *, * to testify
What is the nature of the testimony you expect from the four individuals you have subpoenaed?
They all told me that they would testify in my behalf against the poor workmanship. I have receipts from each individuals that worked on my home except original contactor.
What specific damages are you claiming in your lawsuit against the original contractor?
Reflqshing of chimney, skylite, siding that was not fixed back, New siding, sealing flashing on sunroom, ceiling in front bedroom, rear bathroom sheetrock and painting. Trim replacement in sun room.
What is the total cost of the damages you are claiming in your lawsuit against the original contractor?
Between * son * thousand dollars, including Court cost.
What evidence do you have to support the cost of damages you're claiming in your lawsuit?
I have pictures from each one of the workers and my Inspector.
What is the total amount you are claiming in your lawsuit, including the cost of damages and court costs?
Somewhere around *,*.*$.
What is the name of the contractor and their company? This information can be useful in case there are other complaints or lawsuits against them.
Carolina Flooring Roofing (CFR)
Did you receive any written warranty or guarantee from Carolina Flooring Roofing (CFR) for the work they performed?
* NC HWY *
What is the significance of the address "* NC HWY *"? Is it related to Carolina Flooring Roofing (CFR) or your property?
Two addresses on Business Card.
What are the two addresses listed on the business card of Carolina Flooring Roofing (CFR)?
* NC HWY *, Snead's Ferry, NC *
What is the second address listed on the business card of Carolina Flooring Roofing (CFR)?
*-* South College Road, Wilmington, NC *
What is the contact information for Carolina Flooring Roofing (CFR) listed on the business card?
Payton Hendricks, mobile *-*-*, phendricks.cfrmyroofer@gmail.com, *-*-*, cfrmyroofer.com
What steps have you taken to resolve this issue with Carolina Flooring Roofing (CFR) before filing the lawsuit?
I am 82yrs old, retired MSgt USAF 25yrs, and retired from the NC Div of Air Quality with * yrs. I feel that I have proven Unreasonable Care by a contractor in the discharge of his duty to do and honest job. That contractor simply Cheated me.
What steps did you take to resolve this issue with Carolina Flooring Roofing (CFR) before filing the lawsuit?
None. Only when I tried to call off in Snead's Ferry to obtain a receipt for singles installed. I could try and find cancelled check.
Did you manage to obtain the receipt for the shingles installed or find the cancelled check? This could serve as additional evidence in your case.
No.I did not.
What steps are you planning to take next in this legal dispute with Carolina Flooring Roofing (CFR)?
Let the better business bureau know about the contractor. He should be banded from Craven and Onslow Countys
What is the exact nature of the complaint you plan to file with the Better Business Bureau?
The same complaint that I am going to Small Claimed Court. For.
Unreasonable Care by CFR in reroofing my house causing leak from chimney flashing and skylite and siding not connected properly to house.
What evidence do you have to support your claim of "Unreasonable Care" by CFR in reroofing your house?