Author Topic: Roofing contractor qüestion  (Read 2124 times)

Offline Frankothetank

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Roofing contractor qüestion
« on: May 09, 2008, 10:07:12 am »
...
« Last Edit: March 24, 2019, 10:53:24 am by Silently »

Offline jcon

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Re: Roofing contractor question
« Reply #1 on: May 09, 2008, 10:11:50 am »
Get legal advice.

I believe that dealer can put a lean on your mother's home for unpaid bills, even if the contractor ordered the material.

Offline dash

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Re: Roofing contractor question
« Reply #2 on: May 09, 2008, 10:27:47 am »
Jcon,

If you are right about the lien, that is very scary. I would find hard to believe that the dealer could have any case since the 'contract' would have been solely between dealer and the contractor. Regardless I agree with your advice, there are many ramifications in this unfortunate story, which probabley happens to frequently.
"Why be quiet, and thought a fool, when you can speak up and remove all doubt"

Offline ArticSteve

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Re: Roofing contractor question
« Reply #3 on: May 09, 2008, 10:52:19 am »
I'm pretty sure that the time limit for the building supply company to apply a lien has expired.  If they still had a clean shot at a lien they would have just issued a "demand letter" to your mom.

The thing that might effect your mom is the quality of the repair.  Big chances are that it is a very poor job considering that the roofer stiffs his suppliers and doesn't answer his phone.  Very typical in that business.

Offline jcon

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Re: Roofing contractor question
« Reply #4 on: May 09, 2008, 11:12:11 am »
Could be.

I only know about the 'liens' from shows like Holmes on Homes, so my knowledge is armchair at best. That's why I recommended a lawyer.

Could hurt credit too, I would imagine.

Offline ArticSteve

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Re: Roofing contractor question
« Reply #5 on: May 09, 2008, 11:23:59 am »
Could be.   ???   ::)

Building suppliers have 45 days from delivery to the work site to file a lien.  From whats been reported the delivery happened last summer.  Trades ppl have 45 days from "substantial" completion which can be a little murky.

Credit rating is not at risk in this case.   :)

Offline jcon

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Re: Roofing contractor question
« Reply #6 on: May 09, 2008, 11:32:10 am »
Could be.   ???   ::)

Building suppliers have 45 days from delivery to the work site to file a lien.  From whats been reported the delivery happened last summer.  Trades ppl have 45 days from "substantial" completion which can be a little murky.

Credit rating is not at risk in this case.   :)
I'm sorry Steve. Forgot you were a lawyer.

Offline ArticSteve

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Re: Roofing contractor question
« Reply #7 on: May 09, 2008, 01:19:25 pm »
hahaha ..... If I were a lawyer I'd be sitting at my desk counting money.

barrie1

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Re: Roofing contractor question
« Reply #8 on: May 10, 2008, 01:36:35 am »
If your Mother held back up to 10% of the price then she would be off of the hook but may still be on the hook tho for the roofing material the way it sounds. Sucks big time but is a strong possiblility. I always do the 10% hold back rule to protect myself when I hire any tradesman.   :)

Offline tenpenny

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Re: Roofing contractor question
« Reply #9 on: May 10, 2008, 08:04:56 am »
Check with your jurisdiction, but here in NB, the supplier has 90 days from completion of the work to file a lien for unpaid bills by the contractor.  Then, the supplier has to go to court to 'prove' the lien.

If the work was done last year, the lien period is over.  The supplier is SOL.  The are trying to intimidate your mother, and they should be ashamed of themselves. 

Incidentally, this is why there is a provision under the 'Mechanics Lien Act' for you to hold back a percentage of the payment due to the contractor - here in NB, it is 15%, you are supposed to hold back until 90 days or the contractor gives you a sworn statement that all subs and suppliers have been paid in full.  Contractors hate the hold back, but it is the law.

If you don't hold back the 15%, and something like this happens, the courts may rule that you are liable for the 15% that you didn't hold back.

How do I know?  Our contractor went bankrupt when building our house, and there were 12 liens filed against our house.  A good lawyer is an essential thing.
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Offline dr_spock

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Re: Roofing contractor question
« Reply #10 on: May 10, 2008, 08:39:46 pm »
hahaha ..... If I were a lawyer I'd be sitting at my desk counting money.

It is not too late to apply to law school.  :D