Breach of contract by roofer?

kubes

I had my pitched roof repaired by a roofer who provided me with a quote for £1600, stating all works are done by him and come with a 8 year guarantee. Few days after he finished and I paid him, leaked re-appeared closely to the old location still underneath the pitched roof.
He's saying that whole roof needs replacing and that his work was done correctly.
Other two roofers I asked to come and have a look at it said his work wasn't going to solve the leak issue and that whole roof replacement is absolutely not needed.
I'm trying to figure out what to do now as he's giving me an impression he won't come back to fix what he's done. Is there anywhere I can get with this, saying he breached the contract by giving false guarantees?

tacpot12

You can say that he has breached his contract by not fixing the leak, IF that is what your contract with him was to do. What evidence do you have of the contract and his guarantee?

£1600 is a lot of money to fix a leak (but perhaps justified if scaffold was erected), and I would expect that any leak could be fixed for that amount, and if he had correctly determined the problem as needing a new roof in the first place, he should not have accepted a contract to perform a repair he know would not fix the problem. So you have a bad roofer here.

I would sue him for the cost of remediation done by another. You need to offer him the option to redo the work, at his cost (not yours). If he declines, get a couple of assessments as to what the cause of the leak is, and pay one of the firms to fix it, then sue him in the small claims court for some of the cost.

kubes

tacpot12 wrote: »

You can say that he has breached his contract by not fixing the leak, IF that is what your contract with him was to do. What evidence do you have of the contract and his guarantee?

£1600 is a lot of money to fix a leak (but perhaps justified if scaffold was erected), and I would expect that any leak could be fixed for that amount, and if he had correctly determined the problem as needing a new roof in the first place, he should not have accepted a contract to perform a repair he know would not fix the problem. So you have a bad roofer here.

I would sue him for the cost of remediation done by another. You need to offer him the option to redo the work, at his cost (not yours). If he declines, get a couple of assessments as to what the cause of the leak is, and pay one of the firms to fix it, then sue him in the small claims court for some of the cost.

He had to use a scaffolding hence why. I have an invoice which describes - the work he has done is carried out by his company and comes with a 8 year guarantee. Is this enough for the small claims court to prove he's wrong doing? The whole point of us paying him was to stop the leak.

We offered him to redo the work, so far he has declined. I got two different assessment and both claim the work he has done is not great.

comeandgo

You never have a guarantee you will win in court and even if you do, you have no guarantee you will get your money. Is your roofer part of any federation or association? If so, look for help from them.

macman

Was this a verbal guarantee? If so, it's effectively worthless.

kubes

macman wrote: »

Was this a verbal guarantee? If so, it's effectively worthless.

Written down on an invoice, stating, all works carried out by him and come with 8 year guarantee.