Accidental New Roof - Opinions?

Question

I woke to what initially was a funny call; I was told from the crew rehabbing a house in Indianapolis, IN that a new roof was accidentally installed on my house by another crew working for another rehabber.

They said that they came to the property and the dumpster had been filled with debris that was not theirs and they went to inform the roofing crew that they would have to pay for for using our dumpster.

The roofing team then figured out that they roofed the wrong house.

My team let me know that the other rehabber was looking for the cost of the materials only (which is thoughtful) as remedy, but my initial reaction is that this issue is between him and his GC and if anything, they owe me for any charges for overfilling my dumpster.

I am seeking an attorney's opinion currently, but would love to post this and see what Bigger Pockets thinks about this interesting scenario.

Thank you!

Aladdin M. · Answer

Well said.  Thank you, @Joe Splitrock

I am still awaiting the attorney's reply, but I was wondering how permits play into this scenario.

-A

Joe Splitrock · Answer

@Aladdin P. unless I was planning to replace the roof at that exact time, I would just explain two things to the contractor:

1. They completed non-permitted work and non authorized work on my property. I would call the city and report. Ask the city what needs to be done to bring the work in compliance.

2. I did not have budget or plans to replace the roof. I never requested the work be done. Maybe they can file a claim with their insurance company to be compensated for worker error, but I would not pay this.

3. Ask them to cover the charge of one dumpster dump. This is something you could possibly concede or they may just refuse to pay.

I feel bad for the contractor because a mistake like this is costly. However, any work like this should be done under permit. Permits should be pulled carefully and double check addresses, then ask workers to check permit before doing work. Stay very calm and if they get angry, remind them patiently that they created the problem. You have no money or interest in a new roof.

Chris C. · Answer

it would depends if you were planning on reroofing anyways.  If you were planning on reroofing and the cost of the materials was cheaper than your quote, then just pay for the materials.

however, if the roof was fine, and basically they just replaced something that did not need replacing, then yes, the issue would be between the other roofer and his GC (but i would eat the cost of them filling up the dumpster, as the cost probably wouldnt be worth the fight)

Just my 2 cents

Aladdin M. · Answer

Update:

The attorney got back to me and stated that if the other party does not reach out to me directly, don't bother reaching out.

He also said that the other party's simplest recourse could be arguing "unjust enrichment", but the very material counter argument would be that they have, while trespassing, installed a non-permitted and non-warrantied roof.  Based on this, the likelihood of going down that path is probably very low.

Thank you all for your input!

Joe Splitrock · Answer

Work needs to be permitted, even though completed. That way it is final inspected and on record as being completed. They or you need to pay for the permit. Call the city permit group and ask what they recommend.

Patricia Steiner · Answer

Aladdin, it's hard to believe but this actually happens frequently.  From attorneys' responses on googled sites, most roofing companies ate the cost of the materials. They asked for reimbursement but when investment owners commented that it was not a planned repair, a quote had never been requested (meaning there was no "repeat visit to the property to aid in the confusion), and that the roof actually messed-up the depreciation schedule, etc., it appears to have gone the way of a costly write-off for the roofer.  Bottom line: it happens. But never to me (dang it).

Please keep us posted!  Fingers crossed...

Frank Wong · Answer

I agree with @Chris Connolly . Worst case you got a new roof and had to pay the dumpster.  I would do that all day long.  Cool story though.

Steven Rubino · Answer

I agree w/ Chris. If you were planning on re-roofing in the near future I’d pay for the materials. If not, the fight is between the GC and his roofer, you would just stay out of it.

I’d also agree to just eat the dumpster costs. Whenever I overload a dumpster the charge is at best a hundred bucks or so... Not worth the arguement.

Congrats on your new roof!!

Aladdin M. · Answer

Agreed.  This would be the best direction to me as well.

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