Waterford, MI asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Michigan

Q: Contracted with Lowe's for roof install. Contractor didn't have certification for install or warranty. Damage occured.

Contract stated that a certain company would be the contractor and installer. Contractor on contract then subcontracted work but was unable to install the roof correctly. Contractor should have had master elite certification through GAF per the contract so that I could receive the silver warranty from the material manufacturer which is GAF. The contractor hired by Lowe's initially lied about using a subcontractor. Lowe's is forcing me to use the original contractor who subcontracted work. The contractor subcontracted the work because they do not do installs themselves. I was not informed that this would occur. I was told and per the contract that the installer would be the contractor and not a subcontractor. Prior to learning about lack of certification, contractor was given opportunity to fix some of the problems and were unable to do so. Dispute is based on deception regarding installer, improper installation, lack of certification, water damage to property and warranty.

1 Lawyer Answer
Trent Harris
Trent Harris
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: It sounds like you have a possible breach of contract case. Your contract with Lowe's probably includes provisions about what to do in the event of a dispute. You will need to follow the contract, including any procedures for alternate dispute resolution. Because Lowe's is a big company and does a lot of business, their contract is probably pretty tight and covers most, if not all, the bases to protect Lowe's and its contractor. My advice would be to seek out an attorney to go over the contract in detail with you, and look for ways to get relief under the contract.

As always, this is a response to a hypothetical using limited information. Be sure to talk to a qualified attorney about your specific situation before taking action on any advice you might get from internet discussion boards.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.