QUESTION: I remodeled my office suite and hired a roofing contractor to install a new metal roof at a cost of $4,000. In July 2005, the roof leaked. The contractor came out and said he repaired it. In April 2007, it leaked in the same place. Now, the leak caused significant damage to my desk, computers, and is causing the ceiling to mildew. The contractor came out and caulked the ceiling. We think it needs a more permanent repair. The contractor never came back.
I then mailed him a certified letter requesting he repair the roof and the damages, but he refused to sign for it. I also sent the letter first class mail which was not returned, so I know he got it.
What should my next step be?
ANSWER: Obviously, that contractor does not want to repair your roof any longer or uphold the warranty. With the resulting damages and out of pocket expenses that you already have, I suggest that you make a claim yourself in small claims court. Any one can file a case in small claims court so long as the damages are less than $5,000.00. If your roof and equipment damages fall within that category, you can file in small claims court. If your damages exceed that amount, then you will need to file in county court.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
