Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks
He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000. What do I do? I’m not too familiar with Puerto Rico’s laws etc. please help!
A:
Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.
Your attorney can file a complaint with DACO, investigating the contractor's file to determine whether he/it is in compliance with the Registry and whether or not his/its performance bond is active. As with any legal proceeding, the contractor will need to be served notice of the complaint. DACO will send an inspector to check the work, then issue a report to DACO along with his recommendations regarding what damages, if any, the contractor owes you. Once the report is issued to the parties, each side will have 15 days to challenge the report; after which, the in-depth hearing will be scheduled.
To strengthen your case, you can retain the services of an engineer as an expert witness, and have him/her issue an expert report regarding any existing deficiencies in the contractor's work.
If the contractor is not in compliance with the 1995 Contractor Registry Law, he may be subject to additional administrative fines to be paid to DACO.
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