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  1. #66
    Join Date
    Mar 2007
    Location
    Ormond Beach, Florida
    Posts
    26,488

    Default Re: Drip edge flasing, cut to install gutters

    Quote Originally Posted by Daniel Rodriguez View Post
    The issue here is that the roofing company was paid to remove and re-install the gutters and it was not done.
    There are two other things which can be address, one is directly related to the above statement, and what the statement implies:
    1) Breach of contract by the roofing contractor - they contracted to remove and reinstall the gutter ... and they did not ... that would be a civil matter, but first ... drum roll ... did the roofing contractor give you the REQUIRED notice of this: http://www.myfloridalicense.com/dbpr...recov_info.pdf - if not, file a complaint against the contractor with the CILB (Construction Industry Licensing Board), and take legal action against the roofing contractor. Another question: did the roofing contractor take a deposit? If so, when did they take the deposit and when did they start the actual work? (contractors who take a deposit of more than 10% are required to: a) apply for a permit within 30 days; b) start the work within 90 days - https://www.boatman-law.com/blog/flo...nable-deposits
    2) Depending on what is shown on the permit application (and subsequently the permit, but the permit application by itself could seal this) - the work does not meet the approved construction documents (which is a code violation in and of itself). The work is required, by code, to meet the approved documents which were submitted for approval - if the work does not, then there are two options which can be addressed (from the code's point of view, contractually is a different, and legal, matter):
    - a) Submit revision for what was actually constructed, have reviewed for approval, and (if approved) do what was approved.
    - b) Correct the work to match what was approved on the approved documents.

    Having fun yet?

    Member Benefits1
    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  2. #67
    Join Date
    May 2018
    Location
    Florida
    Posts
    4

    Default Re: Drip edge flasing, cut to install gutters

    Quote Originally Posted by Jerry Peck View Post
    There are two other things which can be address, one is directly related to the above statement, and what the statement implies:
    1) Breach of contract by the roofing contractor - they contracted to remove and reinstall the gutter ... and they did not ... that would be a civil matter, but first ... drum roll ... did the roofing contractor give you the REQUIRED notice of this: http://www.myfloridalicense.com/dbpr...recov_info.pdf - if not, file a complaint against the contractor with the CILB (Construction Industry Licensing Board), and take legal action against the roofing contractor. Another question: did the roofing contractor take a deposit? If so, when did they take the deposit and when did they start the actual work? (contractors who take a deposit of more than 10% are required to: a) apply for a permit within 30 days; b) start the work within 90 days - https://www.boatman-law.com/blog/flo...nable-deposits
    2) Depending on what is shown on the permit application (and subsequently the permit, but the permit application by itself could seal this) - the work does not meet the approved construction documents (which is a code violation in and of itself). The work is required, by code, to meet the approved documents which were submitted for approval - if the work does not, then there are two options which can be addressed (from the code's point of view, contractually is a different, and legal, matter):
    - a) Submit revision for what was actually constructed, have reviewed for approval, and (if approved) do what was approved.
    - b) Correct the work to match what was approved on the approved documents.

    Having fun yet?
    They are suppose to stop by this following week to discuss the issues and to see what can be done. I am a little optimistic of a resolution, since the person I spoke with was rude and would not even let me talk. I hope to get it resolved peacefully, but I may have to take this to the small courts. They will not even admit of any mistakes and wont even apologies. I am afraid to let them do any repairs, because if they are upset at me, than they can do something worst. Its not like am asking for free stuff or demanding something I don't have a right to. I am praying everything will work out and hope for the best.


  3. #68
    Join Date
    Mar 2007
    Location
    Ormond Beach, Florida
    Posts
    26,488

    Default Re: Drip edge flasing, cut to install gutters

    Quote Originally Posted by Daniel Rodriguez View Post
    They are suppose to stop by this following week to discuss the issues and to see what can be done. I am a little optimistic of a resolution, since the person I spoke with was rude and would not even let me talk. I hope to get it resolved peacefully, but I may have to take this to the small courts. They will not even admit of any mistakes and wont even apologies. I am afraid to let them do any repairs, because if they are upset at me, than they can do something worst. Its not like am asking for free stuff or demanding something I don't have a right to. I am praying everything will work out and hope for the best.
    Have you paid them in full yet?

    If not, you are holding the winning hand as they did not do what was contracted for - keep repeating that, when the work contracted for has been completed, you will pay them the balance, until then, the balance is not due until the work has been completed.

    If you have paid them in full ... they have the advantage as you will now need to spend more (time and money) to get what was contracted for - keep going back to the contract ... THEY said "we will do this" ... THEY "did not" do what THEY said they would do ... it is THEIR problem ... and THEY created it by stating that they would do something which they had no intention of doing ... and THEY caused it by NOT DOING what THEY said THEY WOULD DO.

    Notice all those "THEY" in there? Yeah, THEY put themselves in that pickle.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  4. #69
    Join Date
    Oct 2010
    Location
    MONTREAL QUEBEC-CANADA
    Posts
    1,856

    Default Re: Drip edge flasing, cut to install gutters

    Quote Originally Posted by Scott Patterson View Post
    I can't recall every seeing drip edge flashing that large.... Does that gutter have a flange or lip that extends up and under that drip edge?

    It does not look like water will go anywhere. It might not be a problem, but I will agree that it is unusual.
    Ops. I did not see the image in post #1.
    Scot. I concur. It is certainly not the typical premanufactured 2-3/4" K profile drip edge edge flashing you purchase.

    1: The sheet metal mechanically damaged. Tin snips were not used.
    2: The gutter exhausts water into the shingles.
    Poor workmanship.
    .

    Robert Young's Montreal Home Inspection Services Inc.
    Call (514) 489-1887 or (514) 441-3732
    Our Motto; Putting information where you need it most, "In your hands.

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