Roof Replacement – Avoid Paying Twice

Roof Replacement – Avoid Paying Twice

Written by Michael S. Price, Esq. J.D. MBA

            When you replace your roof, the wrong procedure for paying the roofer can result in a lien on your property and paying twice for the work. Here are the proper steps:

            1.         From your home insurance company, get its specifications for the roof to obtain the maximum insurance premium discount.

            2.         Get bids from 2 - 3 roofing companies, and share your insurance company’s specifications to incorporate into the bids. Compare the specifications of the roofing companies and combine the best specifications into a list.

            3.         Have a real estate attorney prepare an addendum to the roofer’s contract using your list of specifications and the precautions in the following steps.

            4.         If your roof is a complicated roof, have a professional roof inspector who does not also install roofs (to avoid a conflict of interest) inspect your roof, review the roofers’ bids, and the proposed contract and addendum. The addendum should include that the roof pass your inspector’s inspection(s) before payment.

            5.         Before work is started, the roofer should post a Notice of Commencement with the government permit on your property. This informs the supplier of the roofing material who owns the property. The supplier can then send a Notice to Owner to you as to who the supplier is.

            6.         Do not write a check to only the roofer. Write the check jointly to the roofer and the supplier. This way the supplier will get paid. If you pay only the roofer, the roofer may not pay the supplier, and you will be responsible to pay the supplier again.

            7.         At time of payment, require the roofer to give to you a Final Release and Waiver of Lien. Your real estate attorney should give you the form to look for.

            8.         To avoid feeling awkward in these protective payment steps, you can arrange for your attorney to hold your money in their trust account and then the attorney will pay the roofing company. This and the other steps should be in your contract addendum.

                                                           

Michael S. Price, Esq., Florida Supreme Court Certified Circuit Civil Mediator, 1616 Jork Rd., Suite 102, Jacksonville, FL 32207; telephone (904) 396-4445; e-mail mprice@michaelpricelaw.com. Michael S. Price, J.D., MBA focuses on disputes related to real estate, contracts, construction, leasing, foreclosure, property defects, binder deposits, probate, family owned property and disputes related to business, partnerships and shareholders.