Ellettsville, IN asked in Contracts, Consumer Law, Collections and Construction Law for New York

Q: Contract to replace roof shingles - 1st - roofer used shingle brand OTHER than those contracted for - 2nd - did horrible

work that manufacturer wouldn't warrantee as it was when completed. Homeowner has paid hauling fee and is agreeable to paying something for materials. Does NOT want same sub-contractor to do repairs and original contractor will not do any more and has sent a release/settlement agreement. homeowner has offered to sign revised letter, and has provided such, but contractor isn't negotiating. As part of settlement, contractor wants homeowner to pay for all materials DIRECTLY to the supplier from which the contractor purchased the materials. At this point, homeowener doesn't know how much will need to be replaced. Supplier says that IT can put a lien on the property EVEN THOUGH the contractor was the one who purchased the (not agreed upon) materials, and homeowner had NO interaction or purchase from the supplier (only indirectly through the contractor) Can the shingles supplier put a lien on the house even though the shingle purchase was made by the contractor?

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Collections Lawyer
  • Las Vegas, NV

A: Yes the lien can be placed. And you have a lawsuit against the others.

1 user found this answer helpful

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Consumer Law Lawyer
  • Jacksonville, FL

A: Probably. I recommend that you see a lawyer asap.

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