I need a lawyer, a roofer, a people finder and some stress relief

by dorim
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My contractor replaced my roof and two skylights in Jan 2009. He showed up with his employee and the employee's two 16 year old sons to do the work.
Shortly thereafter the roof started leaking and the skylights started leaking.
He canceled his insurance policy on January 1, 2009 and signed the contract with me on January 2, 2009, so from the start he was deceptive and fraudulent and the certificate of insurance he provided me with worthless.
I made a blog about the what he did and posted pictures.
You can read it here: Home | MyNewRoofLeaks.com
  • Profile picture of the author Tina Golden
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    • Profile picture of the author dorim
      Originally Posted by TMG Enterprises View Post

      Would it qualify under the small claims laws? Because then you don't need a lawyer to take him to court. Can't remember what the limit is in Maine, though.

      Tina
      Small Claims court in Maine is $4,500 so I'd be losing money that way, but it may be my best option at this point. Snow will be flying soon so I need to get the roof redone.
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  • Profile picture of the author HeySal
    Most states the limit is $1,500 for small claims - but being that his insurance had been canceled yet he was deceptive about that fact no money should be necessary for the case as it is no longer a civil case, it's a legal case because of fraud. Call your local DA's office and discuss the problem with them -- and make sure you let them know that he was claiming to have insurance that he didn't have. They will let you know the channels to pursue.
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    • Profile picture of the author dorim
      Originally Posted by HeySal View Post

      Most states the limit is $1,500 for small claims - but being that his insurance had been canceled yet he was deceptive about that fact no money should be necessary for the case as it is no longer a civil case, it's a legal case because of fraud. Call your local DA's office and discuss the problem with them -- and make sure you let them know that he was claiming to have insurance that he didn't have. They will let you know the channels to pursue.
      Thank you!! I never thought of the DA, I got the number and I will call after lunch. I talked to the Maine Attorney General and I filed a complaint with the BBB and with D & B where he is listed. I made a video for youtube, but my husband thinks we can get sued if I post it so I did not post it. yet.
      I do have lots of pics on my blog.
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  • Profile picture of the author seasoned
    He had an "employee" with 16 year old sons do the work? That right THERE basically SCREAMS fraud! 16yo are MINORS! They can't work without work permits, and the insurance would likely be SKYHIGH, or state that they aren't covered and aren't to do the work.

    That he didn't have insurance is not the point. The insurance is to protect HIM, NOT YOU! He owes you any reasonable funds to fix the roof, and to repair damage created by the bad work. I would THINK that would be covered in ANY small claims court.(They don't generally cover things like distress, or punitive) Of course, they all DO have varying limits, and some of them are VERY low! It looks like Maines limit is $4,500.00! Bear in mind that is TOTAL! Here are the RULES for Maine:

    http://www.courts.state.me.us/rules_...Claims6-07.pdf

    Here is what I would do:

    1. STOP THE DAMAGE.
    2. TAKE PICTURES OF EVERYTHING, and have something to date it, and tie it to YOUR home, and that to HIM.
    3. RECORD ALL DAMAGE!
    4. Probably talk to a paralegal, or someone that has been through this in maine.
    5. Talk to the "contractor".
    6. If he won't settle, meet a mediator per Maine Judicial Branch: Small Claims Court
    7. If you STILL can't solve it, FILE!

    If you play your cards right, you can get all $4,500.00!

    BTW this case probably goes BEYOND fraud. He probably hasn't met his responsibilities to the employees, etc...

    Steve
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    • Profile picture of the author dorim
      Originally Posted by seasoned View Post

      He had an "employee" with 16 year old sons do the work? That right THERE basically SCREAMS fraud! 16yo are MINORS! They can't work without work permits, and the insurance would likely be SKYHIGH, or state that they aren't covered and aren't to do the work.

      That he didn't have insurance is not the point. The insurance is to protect HIM, NOT YOU! He owes you any reasonable funds to fix the roof, and to repair damage created by the bad work. I would THINK that would be covered in ANY small claims court.(They don't generally cover things like distress, or punitive) Of course, they all DO have varying limits, and some of them are VERY low! It looks like Maines limit is $4,500.00! Bear in mind that is TOTAL! Here are the RULES for Maine:

      http://www.courts.state.me.us/rules_...Claims6-07.pdf

      Here is what I would do:

      1. STOP THE DAMAGE.
      2. TAKE PICTURES OF EVERYTHING, and have something to date it, and tie it to YOUR home, and that to HIM.
      3. RECORD ALL DAMAGE!
      4. Probably talk to a paralegal, or someone that has been through this in maine.
      5. Talk to the "contractor".
      6. If he won't settle, meet a mediator per Maine Judicial Branch: Small Claims Court
      7. If you STILL can't solve it, FILE!

      If you play your cards right, you can get all $4,500.00!

      BTW this case probably goes BEYOND fraud. He probably hasn't met his responsibilities to the employees, etc...

      Steve

      Yes, the two 16 year old boys did the work with their father. I saw them on my deck when the work began and they looked about 14 so I just assumed they were the clean up crew. I could not believe it when a short time later one of them fell through my ceiling. I then went out to the contractor very angry and demanded to know why the young boy was doing the roof. He knows what he's doing I was told. I wanted to fire him then and there, but my roof had been stripped down to the bare wood, I had already paid him $3000 and it was lightly snowing out so I was in no position at that time to send them packing.

      I've been trying since April to reach the contractor by phone and by certified letter, he is ignoring me.

      I do have the pics on my blog. As to tying them into his work, how do I do that? I have his signed contract and I have proof I paid him in Jan 2009.
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      • Profile picture of the author seasoned
        Originally Posted by dorim View Post

        Yes, the two 16 year old boys did the work with their father. I saw them on my deck when the work began and they looked about 14 so I just assumed they were the clean up crew. I could not believe it when a short time later one of them fell through my ceiling. I then went out to the contractor very angry and demanded to know why the young boy was doing the roof. He knows what he's doing I was told. I wanted to fire him then and there, but my roof had been stripped down to the bare wood, I had already paid him $3000 and it was lightly snowing out so I was in no position at that time to send them packing.

        I've been trying since April to reach the contractor by phone and by certified letter, he is ignoring me.

        I do have the pics on my blog. As to tying them into his work, how do I do that? I have his signed contract and I have proof I paid him in Jan 2009.
        Try to reach him 3 times by certified signed receipt requested letter. I think that is legal as notice anywhere.

        Steve
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  • Profile picture of the author Jared Alberghini
    Sorry to hear that, I just checked out your blog, and yea, they did a crappy job... Shingles should NOT buckle like that if they are nailed properly... and well, then there's the leaking thing... lol

    I apologize in advance, but this had me laughing my arse off...

    I have a 4 foot x 18 inch hole in my ceiling from employee's son falling through the roof
    I just finished a new roof job on my own house & garage, wish you were closer, I would come right over and fix you up... (Where exactly in Maine are you?) My roofing partner Corey & I do quality work...














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    • Profile picture of the author R Hagel
      Sorry to hear that, Dorim. Must totally suck to dream about having a skylight and then ending up with a crappy one. Hope you get your roof fixed and your money back.

      Jared:

      Originally Posted by Jared Alberghini View Post

      My roofing partner Corey & I do quality work...
      What do you mean, "quality work?" I only see one person actually working in one of the pictures.
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      • Profile picture of the author dorim
        Originally Posted by R Hagel View Post

        Sorry to hear that, Dorim. Must totally suck to dream about having a skylight and then ending up with a crappy one. Hope you get your roof fixed and your money back.

        Jared:



        What do you mean, "quality work?" I only see one person actually working in one of the pictures.
        The contractor's employee and employee's two 16 year old boys did the work so there were three on the roof. The contractor stood on the ground and talked on his cell phone most of the time.

        I already had the two skylights, they were old and the roofer said they should be replaced. I should have kept them at least they never leaked.
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        • Profile picture of the author seasoned
          Originally Posted by dorim View Post

          The contractor's employee and employee's two 16 year old boys did the work so there were three on the roof. The contractor stood on the ground and talked on his cell phone most of the time.

          I already had the two skylights, they were old and the roofer said they should be replaced. I should have kept them at least they never leaked.
          MOST leaking in skylights is because of bad installation. The current skylights may be FINE!

          Steve
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      • Profile picture of the author Jared Alberghini
        Originally Posted by R Hagel View Post

        What do you mean, "quality work?" I only see one person actually working in one of the pictures.
        I just had to pose for the pictures... I got right back to WORK...

        See...



        I even kept working while smiling for the camera again... while Corey took a 'pose break'...



        We got the garage done in one day... the house well, that dragged on for about 2 weeks... there were 3 layers of shingles to rip off, which took most of the time...
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  • Profile picture of the author dorim
    Jared - I am in Wells Maine about 25 miles North of Portsmouth NH. The roofer is in Sanford, the next town over.
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    • Profile picture of the author Jared Alberghini
      Originally Posted by dorim View Post

      Jared - I am in Wells Maine about 25 miles North of Portsmouth NH. The roofer is in Sanford, the next town over.
      Very cool, Wells is awesome! I lived in Rochester NH growing up, and Portsmouth for a while, used to go to Wells Beach, & York beach all the time... beautiful area.

      My parents still live in Rochester and they had their roof done a few years ago, (before I got into roofing) and they were/are still very pleased with the work... also had 2 skylights put in... been probably 4-5 years, and no problems whatsoever... I will give them a call and find out the contractors info for you if you would like.
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      • Profile picture of the author Dave Patterson
        Originally Posted by Jared Alberghini View Post

        Very cool, Wells is awesome! I lived in Rochester NH growing up, and Portsmouth for a while, used to go to Wells Beach, & York beach all the time... beautiful area.

        My parents still live in Rochester and they had their roof done a few years ago, (before I got into roofing) and they were/are still very pleased with the work... also had 2 skylights put in... been probably 4-5 years, and no problems whatsoever... I will give them a call and find out the contractors info for you if you would like.
        That'd just too cool Jared...

        I lived in Rochester (North Rochester actually, right across from the old Corn Patch Market)) when I was in NE.
        Worked at Jarvis Cutting Tools...
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  • Profile picture of the author dorim
    Seasoned - The employee and his two 16 year old sons are from North Hampton NH, I don't know if Maine laws about work permits apply to them..........
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  • Profile picture of the author dorim
    I just phoned the District Attorney's office in my county and they told me to call the police dept and file a complaint and the police will determine if fraud has been committed because of the insurance being canceled, if no fraud has been committed then its a civil case and they can't help me. She gave me the child labor office to report the use of the 16 year old boys to so I just left a message there. I need a miracle to get things fixed on my end.
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    • Profile picture of the author seasoned
      Originally Posted by dorim View Post

      I just phoned the District Attorney's office in my county and they told me to call the police dept and file a complaint and the police will determine if fraud has been committed because of the insurance being canceled, if no fraud has been committed then its a civil case and they can't help me. She gave me the child labor office to report the use of the 16 year old boys to so I just left a message there. I need a miracle to get things fixed on my end.

      HOW was their insurance cancelled? If it was because of VERY high complaints, an issue they were told about, their request, or they were told by the company in person or phone, tell the police that! If it was via mail and possibly a surprise, the police could consider it innocent, and NOT fraud. If I were you, I would call their carrier.

      Steve
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      • Profile picture of the author Killer Joe
        An additional issue here is Workers Compensation. In some States the rates are as high as $45 per $100 paid to roofing workers. That means for every $100 a business pays it's employees it is required by law to pay $45 to insure those employees. It varys by SIC status.

        Often the WC boards are far more aggressive in going after scoffflaws than other agencies. If this contractor did not have WC insurance in effect at the time your roof was done you also have that avenue of revenge open to explore.

        Just saying...

        KJ
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        • Profile picture of the author dorim
          Originally Posted by Killer Joe View Post

          An additional issue here is Workers Compensation. In some States the rates are as high as $45 per $100 paid to roofing workers. That means for every $100 a business pays it's employees it is required by law to pay $45 to insure those employees. It varys by SIC status.

          Often the WC boards are far more aggressive in going after scoffflaws than other agencies. If this contractor did not have WC insurance in effect at the time your roof was done you also have that avenue of revenge open to explore.

          Just saying...

          KJ
          Revenge sound good at this point because I know the guy skipped town and I won't see a penny in restitution from him. I reported him to OSHA and to the Labor Dept for using under age workers. I don't know what else I can do.
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          • Profile picture of the author ThomM
            Sorry to hijack your thread for a sec. dorim and I'm real sorry to hear about your roof. It's crap like that that make me learn how to do these things myself.


            Jared WHAT THE HELL IS WRONG WITH YOU????
            I knew you where nuts when I found out you where a Vermont farmer, but that's a good kind of nuts.
            But a roofer? That's flat out nuts and not in a good way at all.
            While we're on the subject, I'll be doing my garage roof in the next couple of months:rolleyes:
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            • Profile picture of the author Jared Alberghini
              Originally Posted by ThomM View Post

              Sorry to hijack your thread for a sec. dorim and I'm real sorry to hear about your roof. It's crap like that that make me learn how to do these things myself.


              Jared WHAT THE HELL IS WRONG WITH YOU????
              I knew you where nuts when I found out you where a Vermont farmer, but that's a good kind of nuts.
              But a roofer? That's flat out nuts and not in a good way at all.
              While we're on the subject, I'll be doing my garage roof in the next couple of months:rolleyes:

              Thom, Here's "what's wrong with me" in a nutshell...

              I got burnt out with the web biz a couple years ago & needed a few years off...

              For the past couple years I have been trying my hand at every labor intensive profession like farming, carpentry, roofing, snowmaker @ Jay Peak, and everything in-between (and I've been having the time of my life learning every new trait that interests me as well as learning how to be self-sufficient) to find out how good I have it by making the majority of my money easily online...

              I can honestly testify that hard intensive physical labor doesn't pay very well... (in the areas/niches I have tested for the past few years anyways... your own mileage may vary...)

              While roofing & farming this summer, (doing the hardest physical work I have ever done in my life, if you don't count my life as a SnowMaker...) I realized that typing on a keyboard and clicking a mouse is NOT hard work at all.

              Strange as it may seem, these experiences have been very good for me...

              .jrd

              P.S. Thom: Let me know if you need any help/info with the roof on your garage...
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              • Profile picture of the author ThomM
                Originally Posted by Jared Alberghini View Post

                Thom, Here's "what's wrong with me" in a nutshell...

                I got burnt out with the web biz a couple years ago & needed a few years off...

                For the past couple years I have been trying my hand at every labor intensive profession like farming, carpentry, roofing, snowmaker @ Jay Peak, and everything in-between (and I've been having the time of my life learning every new trait that interests me as well as learning how to be self-sufficient) to find out how good I have it by making the majority of my money easily online...

                I can honestly testify that hard intensive physical labor doesn't pay very well... (in the areas/niches I have tested for the past few years anyways... your own mileage may vary...)

                While roofing & farming this summer, (doing the hardest physical work I have ever done in my life, if you don't count my life as a SnowMaker...) I realized that typing on a keyboard and clicking a mouse is NOT hard work at all.

                Strange as it may seem, these experiences have been very good for me...

                .jrd

                P.S. Thom: Let me know if you need any help/info with the roof on your garage...
                All makes sense to me Jared.
                If it wasn't for physical labor I'd still be on disability
                I grew up on farms and have been in landscaping for the last 20 years more or less, so I know what that all is like. Hard work yes, but for me the satisfaction of doing a good day of hard labor is unexplainable.
                As for my garage roof, it's an easy one, 12x20, standard pitch.

                By the way I was on disability because I messed up my back after taking a desk job for a year
                Who knew sitting at a desk could be worse for you then baling hay or weed eating.
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                Life: Nature's way of keeping meat fresh
                Getting old ain't for sissy's
                As you are I was, as I am you will be
                You can't fix stupid, but you can always out smart it.

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        • Profile picture of the author ThomM
          Originally Posted by Killer Joe View Post

          An additional issue here is Workers Compensation. In some States the rates are as high as $45 per $100 paid to roofing workers. That means for every $100 a business pays it's employees it is required by law to pay $45 to insure those employees. It varys by SIC status.

          Often the WC boards are far more aggressive in going after scoffflaws than other agencies. If this contractor did not have WC insurance in effect at the time your roof was done you also have that avenue of revenge open to explore.

          Just saying...

          KJ
          When I worked as the office manager for my friends carpet company WC audited our books at least once a year, sometimes twice.
          Good idea going to them for the revenge angle.

          dorim have you and your husband thought of doing the roof yourselves?
          Physically it's hard work, but the principles behind it are simple if you have common sense.
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          Life: Nature's way of keeping meat fresh
          Getting old ain't for sissy's
          As you are I was, as I am you will be
          You can't fix stupid, but you can always out smart it.

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  • Profile picture of the author EnergizedPromo
    Dorim, absolutely go to Angie's List and take time to post your experience with these guys. I can't post a link yet, but just put in a search and you'll get it. We just bought a home and are going to be having a fence put in around our back yard, hopefully a tankless water heater put in, our furnace checked/cleaned before heating season (we're in WI). I will be checking Angie's List for sure.

    I'm so sorry to hear about your problems, that is so discouraging.
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  • Profile picture of the author locpic63
    I need a lawyer, a roofer, a people finder and some stress relief. Sounds like the beginning of a joke I heard in a bar a long time ago.
    Sorry I couldn't resist.
    Really sorry to hear about your situation though. Hope you get it resolved.

    Locpic63
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