Unscrupulous Roofer

Jurisdiction
Tennessee
Our roofer completed our roof. There are a few items that weren't done properly and because of that we have a leak. That isn't the HUGE issue.

He told us misinformation from the beginning that our insurance company would pay overhead and profit and they do not and he initially said he wants us to pay that difference. He repeatedly said over and over that his practices were legal but I do not think they are now that I know more.

The job was completed in August. We have heard from SEVERAL suppliers that he did not pay them for our job and they threatened to file leins. We were able to have our insurance company pay one contractor for their work for $1500. The shingle supplier is due over $5,000. I believe their lein rights have expired, but I still hope they get paid as it is the right thing to do.

We have the final check from our insurance company. We need to send it to our mortgage company for them to endorse it. Our name and roofer's name is also on the check. One of the forms I have to complete asks that I certify that the cost of the repairs to our property " will be fully paid for from the proceeds of the check and personal funds if required, and no mechanics or materialman's liens will attach as a result of said repairs".

The roofer is threatening to sue us, but I can't sign the mortgage company paperwork knowing that he owes money for our property and come to find $20K for other properties. What I would like to do is pay what is owed to the supplier and send the roofer the balance. He said that is not in our contract and he will sue us.

I don't trust him to complete repairs or work on our roof anymore because of all of this. We have a new roof that leaks and he didn't complete a aesthetic issue we had.

I also don't want to sue him because it will cost me money that I know he won't pay because he has also not paid his other contractors AND I know he also took someone's money and never gave them their roof.

Best course of action or advice?
 
The problem is not with your roofer. He was correct. Your insurance company should pay for overhead and profit. Your problem is with your insurance company.

Google Tennessee overhead and profit. There are several sources of information about it from attorneys.

You might start by contacting the TN Department of Insurance for assistance.

If that doesn't work, contact one of the lawyers that handle such claims.

Meantime, you are bound by the contract you signed with the roofer. Pay him to avoid liens and litigation, and then seek reimbursement from your insurance company. It's possible that one of the attorneys is known to your insurance company, or vice versa, and can resolve the issue with little cost to you.

As for the quality of the work, I cannot address that for you.
 
I also have the problem of possible leins that will be placed on my home.


A lien on one's real property only means something when one tries to sell the property.

Very few liens will cause you to be dispossessed because you owe a debt.

That said, if the thought of a lien troubles or vexes you, negotiate with the party positioned to slap that lien on your lovely abode.

Worry, absent action, solves nothing.

The IRS, state, and local tax liens can very often be problematic, but even the hard, hearted tax officials are reluctant to dispossess their average Jane and Joe Taxpayer.
 
Judge, that is not correct. A mechanic's lien holder may foreclose on the lien and force the sale of the property.

To take it a step further - subcontractors (those not hired directly by the property owner) must file for a foreclosure based on their lien within 90 days of recording, or 60 days after receipt of a Notice to Commence Action from the owner.

What should be extremely helpful for the OP is the failure of the subcontractors to file their lien(s) within 90 days of completion of the project.
 
Judge, that is not correct. A mechanic's lien holder may foreclose on the lien and force the sale of the property.

Theoretically, maybe.

Practically speaking, the INNOCENT entity (entities even) holding the mortgage would have a say in the matter.

The homeowner would also be able to avail himself/herself of solutions other than dispossession from a $400,000 home over an ALLEGED $400 debt, for example.

Then there's my favorite, the "public policy" argument, making the dispossession of an elderly senior, disabled veteran, single father/mother and three children into homelessness over an unproven allegation.

If the matter goes to trial, I suspect juries would be reluctant to see vulnerable people tossed from their home.

I've found these matters to eventually get settled out of court, because prevailing in a battle over a few hundred (or even thousand dollars) might impact the contractor's future ability to do business in an area.

But, what the hell do I know?

Nothing when it comes to interactions between and among human beings, who amaze, baffle, and befuddle me daily.
 
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