Complaint Category: None of the Above - Repair Complaint Issue
Complaint: ****** came to our home to repair a main roof leak. He assured us the leak was our facsia boards, never inspecting the roof or attic above the stain.
We called our home warranty company on January 14,2013 to report that we had a roof leak. There was a water stain in our living room ceiling. Colonial Home Warranty sent ****** ****** of FL. ****** Design Builders to our home on 1/9/13. We told ****** of our roof leak and stain in thr living room ceiling. ****** said that it may be coming from the outsida lanai area. He then showed us some bad facsia boards and said thats the problem. I doubted that water could travel up some 13 plus feet into our home and cause a stain in my living room? He never went into the attic to see if the leak was in our main roof? ****** insisted saying he has been in business 38 years and said he can repair it. We made small talk and we had some things in common like both being Shriners. The service call fee for this was $55.00.
Colonial rejected our roor claim stating that ****** said it was where there was flashing and at a valley. ****** returned on 1/11/13 with an estimate of $1400.00 to repair the leak . He asked for a $700.00 deposit and we gave it to him. ****** returned 1/15/13 with a young man and began to remove soffit metal panel and wood trim. He called me out side to the lanai area and showed me some rotted plywood. He then said that he needs to get a roofing contractor "to do the job right". I then began to question ******'s qualifications. I said "OK" and he returnted with ***** a roofing contractor. **** looked at the rotted wood at the exterior lanai area and took note. I then decided to go into my attic space to see if I could find the source of the leak while they were present at my home. I found the original roof leak which was right above the stain in my living room. I went out to the lanai and confronted ****** with my find. He then changed his tune and immediately went up to the attic space with ****, his roofer. They said there are leaks at the vent and at the valley. They left so ****, his roofer, could give an estimate for the new leaks. I called ****** back to tell him that I called Colonial to inform them that the original leak is in the main roof area and shoud be covered by them. Colonial told me that the claim was rejected because of the contractors recommendation. ****** said he would resubmit a report. I was told by Colonial that they never received any new report form ******. We now feel lied to and mislead. ****** was sent here to do a roof leak which he is not qualified to do. He has to call a roofing contractor to do his work. He never inspected the leak area until I, a senior citizen inspected the attic space and called him out on it. The original roof leak is still not repaired or even spoken about by ******. I have been waiting over a month to have my roof repaired. I have told ****** that if I have any damage to my home due to the original leak I will be back charging ****** Builders. I have asked ****** to cancel my contract and return my deposit ($700) and service fee money ($55). He also has the soffit metal panels and wood trim on my back lanai. I will re-install the panels and wood myself. I have filed a complaint with Colonial for sending out a non qualified roofer to do roofing (he had to call a roofer). I will also inform Colonial of this complaint filed to the BBB. After, ****** never went into the attic area to inspect for a leak we had and gave the Colonial a misleading report. We lost all trust in his intentions. We feel he is trying to lead us into a big repair bill with misleading promises.
We are very dissappointed with this contractor and do not recommend him to anyone.
Business' Initial Response
As you can see by the contract (attached) I have completed half the work by removal of the fascia and the soffit, at the time of opening up the area I saw what is called a "under seen conditions" that are allowances in our contract and told the owner that there is much more damage to the roof decking that I had thought and that the roof in the area would have to be removed and permits for that work would need be PULLED. I told the owner I would get prices and he said he would also because he knew a roofer that he has worked with before.
I did go out and look at the area per the request of his warranty company my fee is $140.00 for that call to do an inspection like this, but agreed to do it for $55.00. We do a lot of warranty work, per our agreement with them and I didn't have to report or give a report to him only the warranty company and the owner has to pay the FEE for the service call for the inspection, I was never was to make repairs until I had a contract agreement to do the work.
Warranty only covers as I was told 5sq ft of roofing no flashing no drip edge so how can the owner state that the warranty would even cover some of the repairs?
Also I am a Building contractor it is on my contract and business cards, I hire roofers, plumbers, electrical and A/C contractors that work under my permit and for me and I was acting as I am licensed to do so.
I did the inspection and found as my pictures (attach) will show that the problem I found was that the outside is leaking and damage was clearly seen and at that time I made an offer to go in and fix the fascia and look for the other leaks and repair the drywall damage.
I never said I knew or could see the leaks until I exposed the areas, and once I saw how much damage there was I stopped to call the owner and showed him what I had found and at that time call my roofer to look at the damage and tell me what we need to do, end of story.
I have well over 10 hours of time for myself and labor hours plus, and the owner breached the contract by not allowing me to complete my work as he wants out of the contract only after the work had started and he knew what needs to be done. I also have loss of profit and overhead and not included are the several hours over the course of the last month with phone calls and emails.
Our very first meeting the owner told me that he had someone look at the roof last summer and I asked if he knew how the roof was and said it was in "great shape". Then after signing our contract he said he was surprised that he had a leak at all because just a year ago he had the roof painted and sealed, and then on the day we opened up the overhang and saw the damage, we (the Roofer and Myself) asked if he knew about the paint that was used on the roof and then the owner said at that time yes he had done the painting himself and he may have some of the paint in his garage that we could use to match.
The owner only wanted out of the contract with us only after the roofer gave him the cost to fix the roof that is not included in my contract. He could get whoever he wants to fix the roof and I could still complete my contract after that and I had told him that I would give him the $200.00 allowance for roofing back to him by a deduct in a change order.
This is just some of the miss information I had to deal with, and also the bullying to return all his money and put back what I had done already or he will make me pay one way or another. He has said "You have more to lose then $755.00 I will make sure of that" just last Thursday as I was talking with my attorney who was at his office at the time 9:32 February 21, 2013.
I have all our phone notes from the owner's calls and emails and I have denied his request for a refund. I believe that the owner knew of the problems were much longer then he told me and I believe he may be working the system to get a new roof.
And by the way he and I are about the same age really? And he is not retired he works out of state as a PAINTING CONTRACTOR or was that another of the lies he has told me and has cost me a client with the warranty company who has stop using us because this problem.
My contract is clear and I stand by it.
Phone: XXX-XXX-XXXX Tampa XXX-XXX-XXXX Fax: XXX-XXX-XXXX
Consumer's Final Response
Mrs. ******** The following was attached to one of our previous responses which does not seem to be posted.
We are sending you this email in order for you to understand our complaint with ****** ******. We sent you the contarract to show you that ****** ****** knew of the roof leak, as he states in the contract. On the first day he saw a 5" water stain in my living room ceiling which he was called here for. Please ask ****** ****** why Colonial Home warranty sent him to our home, in the first place? He was sent for a roof repair not general contracting work. ****** ******, then acting as a roofing contractor told Colonial Home Warranty his roofer's opinion, on our roof leak, when he knowingly could not and would not do the work. Why did he not say then, to "call a roofer" but waited until we signed the contract and gave him a $700.00 deposit? He already knew there was a roof leak and gave his "roofer's" opinion to Colonial, not about our living room leak but a totally different area. Obviously, it was declined by Colonial. Do you call a general contractor to repair a minor roof leak? No! We wonder if he works his "bait and switch" method with other warranty companies?
We can not emphasize to you enough how ****** ****** led us to believe he was the roofing contractor by Colonial to do our foor leak repair. When we signed the contract he talked of repairing the leak and the allowances he had, in the contract. Previous to signing the contract, he never said he was going to call other roofing contractors to do the work. We were totally surprised when he said he was calling his roofing contractor to give us a price. My wife said she thought that he was sent here by Colonial, to repair our roof leak. The total now for our roof repair went from his $1,400.00 plus his roofer's $2,750.00 for a new total of $4,150.00. At that point, we knew we were being lied to and tricked by him.
****** ******'s spent one hour at our home on 1/15/13 and did demolition work only, with a young man, of contract work. Not his roofer!
We also have copies of the two cancelled checks given to ****** ****** for our roof leak repairs. The one check was endorsed and cashed by him, putting the cash in his pocket, not in his corporation. He should have not tried to hide income with our checks. We feel this may be a future problem.
We feel a $600.00 refund of our deposit is fair, as proposed.
**** and ****** ******
Business' Final Response
This response was taken verbally by BBB:
The customer is not entitled to any refund. I have actually lost money on this job. I put time into planning the job and trying to schedule appointments to go back out and complete the contract. The customer breached the contract and I lost money that I would have gained in profit. We had all of our materials on the job ready to go when the roof problem was discovered. We had to load up and reschedule the whole day. I came back with the roofer and went back and forth with the customer about what he was going to do which cost more time.
Complaint Resolution: BBB determined that despite the company's reasonable effort to address complaint issues, the consumer remained dissatisfied.