Consumer Law, Warranties Contractor failing to do the job

[Bigearl67]

Issues with contractor. Insurance paid Mortgage holder and Mortgage holder paid roofing contractor $5000 to replace fire destroyed roof last July. I picked out the contractor. I was verbally promised the work would be done in weeks and we wrote up a quick form type contract. Work has not started nor has the materials been purchased. The first excuse was the new roof was ordered and arrived in the wrong color so had to be reordered. I checked the story out and it was a lie, one which can be documented. The roof was never ordered in the first place. Next he was out of town for a month and now he has a bad back and can't work. He bragged that since the contract lacked a start date he could put it off another three months and was more than willing to do that because of his back issues. He does have a work crew that works for him.
Twice during this time frame he set dates when he would show up at the house and do the work. No-Show both times. I honestly do not believe he has any intention of ever doing the work. But do I have any recourse? Is he correct that he can put the job off as long as he wants since there is no start date on the contract? He is a Kentucky contractor however my residence is in Indiana, if I do have recourse it should be with the Indiana courts, correct?
I'm about to go thru an Indiana winter without a roof on my home. I'm concerned about further damage and the safety of my children.

 

[army judge]

I suggest you speak with an attorney or two in your county.

In fact, you might wish to speak with local law enforcement.

In Indiana, only plumbers are required to be licensed.

But, if this person is holding your money and NOT performing CONTRACTED work, you might have a breach of that contract.

That is why i suggest you speak with an attorney, because the contract might provide for reimbursement for your attorney's fees, if the contractor has breached the contract.

The initial consultation with the attorney is normally free, and that way you can have your case evaluated.

You might also wish to speak with the mortgage holder (or insurance carrier).
The person that reimbursed your loss might be able to assist you.

Trust me, going to court won't be quick, so settling out of court is the preferred tactic.
However, if the contractor is proven to have breached, a good attorney might be able to argue that he has to reimburse your living expense if winter comes before the roof is repaired.

Last word, never pay the contractor the FULL amount due until the work is completed.

 

[Bigearl67]

Army Judge,
Thanks for the advice. It sure seams good. I'm concerned that not having a date on the contract for starting or completion will be the breaker. I'm also concerned about if I can file suit in Indiana or I need to file in Kentucky. Do you know (or anyone else reading this) what the proper nomenclature is for an "open ended "contract like this? One that is without performance guarantee or timelines. I'm looking for a lawyer now. Thanks again for the response. Earl

 

[army judge]

The contract was for work in Indiana.

Kentucky is where he resides.

That has nothing to do with the venue you choose to pursue the case.

Why do you think suing him in KY would help you?

This is not something that will get a rapid response, if the court system is used.

Negotiation and compromise are useful.

If that doesn't work, talk to the police agency (or district attorney) in your area.

They have tricks YOU can't use.

Talking to them is free. You have nothing to lose, maybe much to gain.

You also need to speak to the insurer.

You made a bad bargain, gave him the cash before he performed, and are reaping the folly of those choices.

No quick fix here, my friend, but work all the angles you can; not just one.

 

[Bigearl67]

Army judge,
Yes I sure fell for it. Figured a promise and handshake from an honest man where of value. Never believed I would allow someone so dishonest into my life. Should I be talking to my county prosecutor? I don't think I would be better off in Kentucky courts, quite the opposite. Kentucky courts in this area have a reputation to lean towards their voters in court. Thanks again for the advice, will take it. Earl.

 

[army judge]

A handshake stills mean something between honest people. You, however, didn't see the wolf. He was disguised as a sheep.


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