Lawyer advice needed...

B-Line · #1 01-27-2008, 05:13 PM

Hey Folks,

So, for the first time in about 2.5 years, it's pouring in Los Angeles. We don't get a lot of rain here.

Without getting into long boring details, I had a remodel company do some work on my house as I had leaks. My house is now leaking again.

I want to know what potential actions I can take. The repair work they did was quite expensive, around $25k and the problem is not solved.

I'm thinking about calling a lawyer but would not know what type of lawyer to call on an issue like this and what can I reasonably expect to accomplish if I due have to sue the company. (I did have to fire the company as they also tried to pull a fast one on me for some additional $$$.)

I did have a contract with them and the roof is still under warranty.

- Also, I just paid to have the interior of my home fixed from the leaks. Now my office which I just skim coated, painted, etc. is going to need to be redone because of the roof leak. Is it fair for me to expect the company to repair damages or pay to repair damages suffered from their bad work?

Thanks.
B

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B-Line · #2 01-27-2008, 05:15 PM

Also,

I paid about double what it really should have cost because, rather than trying to sub-out the job, I called a General Contractor to find and fix the problem. The GC called the roofer.

My contract was with the GC company.

soccerjunky · #3 01-27-2008, 05:17 PM

pm ljnlaw
http://www.law-pa.com/profiles.asp

brian5 · #4 01-27-2008, 05:23 PM

I had similar leaking roof issues when I lived in San Francisco. My recommendation is to avoid lawyers as much as possible but keep the roofers, or other roofers that the GC engages, coming back until they fix it! In fact, that would be where I would start, by asking the GC to send better roofers to resolve the problem.

Quicksilver · #5 01-27-2008, 05:43 PM

This is the first step in the process. When it appears that there's no resolution you can do as we did. Employ the services of the media. In our area it's called 7 on your side the medias consumer watchdog. What they do by just contacting the party is put them on notice that the media's Involvement could mean public exposure. In our case our problem was solved twice with little or no effort on our part.

Quote:

Originally Posted by brian5

I had similar leaking roof issues when I lived in San Francisco. My recommendation is to avoid lawyers as much as possible but keep the roofers, or other roofers that the GC engages, coming back until they fix it! In fact, that would be where I would start, by asking the GC to send better roofers to resolve the problem.

Thunder22 · #6 01-27-2008, 06:16 PM

your first call is to the GC. If they won't make it right, THEN you call a lawyer.

If you lead with the lawyer, they're going to coutner with a lawyer and then you're both screwed.

The roof is under warranty, so they haev to fix it regardless.

The additional damage repair is the sticking point.

IMHO, call the GC, see what they say, go from there.

trueX5er · #7 01-27-2008, 07:10 PM

You're asking for legal advice on the internet?

I would take the roofers up on that warranty.

soccerjunky · #8 01-27-2008, 07:22 PM

same roofers worked on the staples center

08WhtX5 · #9 01-28-2008, 03:13 PM

I agree with what other have said, if they are a reputable contractor, they will want to make it right.

Did the contractor know you had a water problem before and did he think he found the source?

It is sometimes very difficult to pinpoint the culprit, could be flashing, siding, windows, skylights.

You might consider hiring a competent home inspector to help identify your issue.

x5GuyInLA · #10 01-28-2008, 10:44 PM

If it's under warranty, they should fix the problem. As far as the damage to your office, is there any part of the contract that says that they will or will not be responsible for any damaged caused? Also, check to see if there is a mediation clause. If there is, and you can't come to an agreement, you will have to mediate before you can sue, unless you can prove negligence. You could hire a lawyer during mediation, but I believe you would have to pay for it. If there isn't that clause, then the first type of lawyer that comes to mind is a real estate lawyer. I'm a Realtor, and I'm just basing what I say on what I've experienced in real estate, so check with a lawyer first. A good home inspection company here in LA is http://www.laroccainspect.com. From my experience, they do a great job and tend to err on the side of caution. They might refer you to someone more specific to roofing. http://www.laroccainspect.com/referrals_rainleak.php is who they refer to for leak detection. Good luck!

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