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.

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1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
Answered
  • 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.

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