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.
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.
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