Galloway, OH asked in Consumer Law for Ohio

Q: Hello. May I please have a small moment of your time?

I hired a roofing contractor to replace my roof. All he have done is tarp the areas that were leaking. However, once my insurance cut the check, he said he needed the whole check to replace my roof but, 25% of the check was supposed to be used for the drywall repairs on the inside. He also said I need to pay him the deductible which I did pay to my insurance and not him. I feel like this is some sort of scam. I did told him I will pay for the patch work he's done to date. However, he wants to take me to court. I'm not sure what to do because I don't want to break any law.

Related Topics:
1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
  • Consumer Law Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: This will depend on what the contract you signed said. Most of the time for roof repair you are required to make payments in intervals, with the full amount due upon completion. If the contract was silent on that, then you should not have to prepay unless specifically stated.

If there was no contract, then the contractor is likely already in breach of the consumer sales practices act, and you could bring a suit against him for both breaching the contract and engaging in deceptive acts.

It is more likely though that the contractor will simply put a lien on your house, as that is incredibly easy to do.

Contact your insurance company and see if they can perform an inspection or make the additional payment. If you paid your deductable to your insurance company, which would be a strange thing to do, then ask your insurance company to pay him that portion.

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.