Negligent sub contractor

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Posted by: from Ottawa
9/8/2016 at 12:49:32 PM

I signed a contract for a new roof with Company A, which included removal of the existing shingles before attaching the new metal roof. Company A used subcontractors (Company B). Company B removed the shingles as expected, however there was a significant downpour before the metal roof was installed. The bare roof was not protected sufficiently, and the rain seeped into all three levels of the home (upper, main, and basement). The leaks were video-recorded (in progress) and photos of water damage were taken.

Both Company A and B admit to improper temporary coverage of the roof, and were willing to discuss repairs. The metal roof has been installed, and it appears to be satisfactorily done. While I don't have a contract with Company B, I thanked them for their offer of repairs, but I don't have recourse should the repairs also be insufficient or beyond their capabilities (they're roofers by trade). My contract is with Company A, to which I still owe the balance of the metal roof install. Is the balance owing enough to repair the damage? I have no idea. Once the damaged walls are opened up, there may be asbestos, insulation damage, mould, obsolete wiring that needs to be brought up to code. This is a situation that no one asked for.

Company A has proposed I go through my homeowners insurance, who would in turn send the claim to Company A's insurance.

Is there any other recourse?

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Date/Time9/8/2016 at 3:31:09 PM

Company A is the one you will deal with. They should have liability insurance and should pay 100% for damages and repairs. You do not need to go anywhere else. If they refuse or do not have the coverage then you should try your private insurance and sue company A. You are not obligated to pay them if they have done bad work or damaged your home. They may put a lien on your house and/or try to sue you, but they are in the wrong. If they do not fix this issue then I suggest you hire a lawyer to deal with them and charges back all your legal costs as entitled.

You have done nothing wrong, do not have to pay further and it was poor planning on their part that you ended up with this issue and is 100% their responsibility to fix it.

Here in alberta contractors have to be bonded to cover such issues additionally with liability insurance.


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Americo from Amcor Group Inc in Keswick
Date/Time9/8/2016 at 4:34:06 PM

Get company A to go though their insurance. Hold the balance until repairs are done.

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