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Question DetailsAsked on 12/6/2012

signed a document with no real numbers(cost for labor or materials) Roofing company is taking me to court for a percentage not on document

Can they do this . And am I liable Here in Colorado New Law SB38 need help. agian the document had no numbers, there liability insurance had expired and there adjuster recommened to get a public adjuster "there is significant items that we can get from the insurance. At no cost to you ?! There adujster said , after seeing red flags everywhere I chose not to go with them . Now they are taking me to court. Do I have a chance at my case or should i just pay them- with money I don't have.thank you Again the document had no real numbers of the scope of work and materials. Also no start up date. They mentioned somethig about defaulting on this contract. That there would be costs aassociating with this

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6 Answers

1
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Why would you sign a contract with no cost outline and numbers on it? My best advice is to consult an attorney. I don't know Colorado laws but if you signed an open ended contract that allows them to charge as they please and the work is completed you are generally on the hook to pay it. The only arguement you may have in court in that instance is whether the charges were fair and reasonable. Find a good attorney who practices in various real estate matters.

Todd Shell
Todd's Home Services

Answered 6 years ago by Todd's Home Services

1
Vote

Hey there Todd , thank you for responding. I contacted an attorney, and a new law went in effect the day of a big hailstorm. The new contracts for roofers has to be spelled out with an actual amount, when the work will be started and completed, liability insurance and a 72 hour cancelation claus.Im going to court in january, and pleading my case. No work was ever started nor any materials delivered. I clearly signed the paper with no explanation it was a contract to do the roof. Only thinking it was for this paticular roofing company to have access to the roof and make sure the claims adjuster completed the inspection completely.(like a second pair of eyes) so I thought. We recieved a new roof about 9 years ago, only to have problems with the insurance company. Afterwards we switched to another insurer, and thinking we might get the same response as our first insurer, I was happy we could have someone else overseeing the claims adjusters opinion. The only good thing is the document had none of what the new law states, only the 72 hour claus - having my wife now handle ALL signing of any documents. Thanks again , and have a Merry Christmas. Ron

Answered 6 years ago by Mr Ron

0
Votes

Ron,

Be sure to write up a review on the companies that are giving you trouble. That way, other customers might avoid a similar experience.

Source: 

Answered 6 years ago by HughV

1
Vote

Ron,
I'm glad you found a way to get some resolution. Hopefully it works out for you. Since he didn't follow the law for his contract you should send a copy of everything to your state's licensing office. He may lose his license over it and maybe some other potential customer's will be spared. Merry Christmas to you too.

Todd Shell
Todd's Home Services
San Antonio, TX

Answered 6 years ago by Todd's Home Services

1
Vote

All contracts have to have a an amount for materials and labor. And for it to be legalalso have to have a commencement date and termination date.

The contractor has no legal recourse. And open ended contract like yours is illegal in most if not all states.

If anyone is doing any defrauding. It's the contractor. I would go one step further and file a complaint with the State licensing Board against his license. They will investigate and I'm sure inform him that he has to settle with you or he may loose his license to practice in the State.

That may be faster than going to court.


All legal contracts have to have an amount for the work and materials. A commencement date and a date of completion. If those items are not in the contract.You do not have a valid contract.


Consult a good attorney and the State licensing Board for Contractors.

Answered 6 years ago by mzymr

0
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Late on the input here, but for future value to people who might read this thread - some of the other comments refer to your document apparently not having all the essentials of a contract - identification of the parties to the contract, scope of work or services or identiifcation of work/item being bought, stipulation of compensation/value to be exchanged for that work or goods and when/how to be paid, signing and performance dates (for construction at least start deadline or trigger to start if dependent on some other factor, not always end date required depending on type of work), location of work if tied to a specific physical location, signatures of the parties, and any state-specific disclaimers or warnings or disclosures - like the 72 hour revocation period in some situations and/or locales, for instance.


In this case, in addition apparently to lack of compensation or start of work date, there is one other critical thing apparently missing here - lack of a "meeting of the minds" on what the scope of work was, if you thought it was advise and coordination with adjuster, rather than reroofing.


He is probably due compensation for that work at fair rates, though if found to be engaged in fraud probably loses that too. However without having actually bought materials or done any roofing work, his recovery will be limited to normal labor rates for the time actually spent with the adjuster. In a normal contract situation he might be able to recover for any contract stipulsted amount or percentage, or in lieu of that being spelled out for his time actually spent on preparing and signing the contract plus his lost profit on the job plus in some states his legal costs in suing you, that would be for a functional contract which it does not sound like you had. Therefore, the fair and equitable approach is probably what a judge would take, unless he found the contractor's behavior to be fraudulent or egregrious, in which case he would probably throw the case out of court and perhaps award you legal fees.


Obviously, in this sort of case you would want to consult an attorney as soon as the issue of being sued came up, as well as talking to the insurance company, which might pull the certification of his bid for this type of behavior, therefore making it impossible for him to fulfill the contract.


As to whether to pay or carry through with the suit, that takes an assessment of risk of losing, cost of defense, strength of case, etc with your attorney.

Answered 5 years ago by LCD




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