Q. Long story but, really need help. Our house was hit by lightning on 6/12. The attic caught fire but, that was it. The roof had to be replaced along with most of the trusses, duct work and ceiling of the up stairs. That day the insurance company sent out a company to put an ozone machine in to clean the air. A couple days later the insurance company sent this same company out to remove all of our stuff from the house. They took everything and cleaned it. With much influence from the insurance adjuster we hired this company to repair our house as well. We did tell the adjuster that we would be doing the painting and the flooring and she paid on the estimate from the company. Two and a half months later they started working on the house. They removed the roof that was keeping the water out. Replacing my roof took approximately 2 and a half months. The roof was not acceptable so they have hired a professional to come fix it. This is happening today, 4 months since they had the reach fork delivered. I have not paid this company a penny. I have refused to so far because of the length of time that it has taken them and the fact that most of they stuff they did was not done correctly. The roof, the landscaping, the HVAC system and replacing a gate that they ran into is all that is left to do. But, now when receiving the bill for everything minus the painting, carpeting and cleaning(at which we had to do because they kept delaying)they are charging me for a general contractor fee for the paint and carpet which they did not touch. Should I have to pay them for stuff they didn't handle??? Any advice at this point would be greatly appreciated. Our adjuster was fired. So the new adjuster says it is between us and the contractor. I told the contractor I would not pay him a contractor fee for the stuff they didn't handle and he said "oh yes you will". Thanks for all the answers!!!

A. The most important issure here is that you receive a *lien waiver, from this contractor if and when you make any payments to them. If you make a partial payment to them, you demand a partial lien waiver for the amount of the payment you make to them. Unprofessional contractors have a bad habit of not paying for any or all of the materials they use on a job (maybe your job). They also sometimes don't pay for equipment rental and other subcontractors they use on the job. I am really concerned about the boom lift truck that sat at your home for all this time. They do not rent cheap. Documentation is your best weapon. Starting now, try to recall all important dates concerning your project. Date of fire, Date adjuster came out,Date of contract,Start date of contractor,Days when no workers were present, Names of any subcontractors, Physical address,legal name of contractors on the job. Now, send letter to general contractor stating all these dates (as close as possible), then state all the work that was done that was either defective or that had to be re-done by another contractor. Include any damages that were made by any contractors, and also state that your home was not finished in a timely manner. I hope everything was done to meet local codes, * I would state that in your letter - that you plan to have the local county or city building inspector check all the work to determine if it is up to code. State that if it is not - you will be contacting your lawyer to file a lawsuit against them. * You don't have to have a lawyer at this time- you are just indicating to the contractor that you will if needed. Send this letter certified mail and pay the additional cost to get a return receipt showing that the contractor did sign and receive this letter. Include any photos you may have taken of defective installation methods or other items. This takes some time, but it is worth every minute/dollar used to prepare yourself against this type of contractor. Make sure you send it to the correct legal name of the company and address it to the the legal owner or President of this company. I would also contact the rental company for the boom truck (check for name on machine), see if the rent has been paid to date. As far as the General Contractor fee for paint and carpet, simply tell them you are not paying them for that - period. They cannot force you to pay for this. The biggest leverage you have is the money. Homeowners have more power than they think, contractors cannot just say you have to pay this or that. If worse comes to worse, throw them off the job and tell them not to come back. Tell them if they are stupid enough to take you to court - you have more than enough evidence of shoddy workmanship and extended completion time of contract to convince any jury to side with you the homeowner. It is YOUR house, and your money. I would also visit your insurance company agent, and tell them you are not pleased with this contractor that your adjuster suggested. There may be (collusion involved). This is a secretive relationship between the adjuster and the contractor, and it's against the law. If you just mention that you think there might be collusion violation with the adjuster and the contractor - that might be enough to get their attention. The most important thing here is the *Lien waiver or Partial lien waiver, then the certified letter, then the inspection by the building inspector,the talk with the insurance agent,equipment rental company. Take my advice and do all these things Now !

Q. I want to get my earnest money back, and I want ALL OF IT !! I made an offer on a house with the intentions of living in it not rehabbing it. The offer was accepted, and we had the home inspected. There are a lot of things wrong with the house. It costs more money to repair these things than I can afford, and besides I'd rather buy something worth the money I would have to spend, rrather than put money into the house for major things. The house needs new windows, tuckpointing all around and a new roof. Here is a letter I wrote to the seller, tell me what u think. HELP !!!! All these problems need to be remedied before this transaction can go any further. If the issues are not addressed we will continue on our search for a home. FURNACE The furnace/central air needs to be properly and completely installed and functioning. The furnace needs a shut off valve, and a plastic exhaust pipe. Debris in the "clean out" area at the base of the chimney should be removed as part of system service. PLUMBING The old steel piping is subject to corrosion on the interior of the pipe. As corrosion builds up, the inside diameter of the pipe becomes constricted, resulting in a loss of water pressure. This piping is typically replaced when the loss of pressure can no longer be tolerated. ELECTRICAL Extension cords should not be used as permanent wiring. This wiring should be removed through out the house. Poor connections between newer wiring and the old-knob-and-tube wiring were observed. All connections of this type should be performed within junction boxes, fitted with cover plates. The installation of a ground fault circuit interrupter (GFCI) is required in the kitchen and bathroom. GFCI offers increased protection from shock or electrocution. STRUCTURE Evidence of termite damage was observed and there is risk of additional hidden damage since termites can do a substantial amount of damage. If the property hasn't already been treated, a licensed pest control specialist should be engaged to eliminate further termite activity within the home. All damaged wood should be repaired or replaced. ROOFING The downspout should discharge water at least 5 feet from the house. Storm water should be encouraged to flow away from the building at the point of discharged. Install downspout at left rear section of house. Stairs leading to basement need hand rails. Drop ceiling in same area needs to be repaired. The fireplace needs a damper. All appliances must stay.

A. Well did you make your offer based on it passing inspection or your obtaining financing? Those are two very common terms when putting down earnest money. Did you understand what Earnest Money was? The earnest money is an amount of money that the buyer puts up to show he or she is serious about purchasing the property. The money represents the buyer's commitment to buy and acts as an unofficial option on the property. After receiving an earnest money check, the seller will usually stop showing the property, and wait to see if the buyer can get a mortgage. Earnest money is important to the transaction because it shows the seller that the buyer is operating in good faith (hence the name, "earnest"). The bigger the deposit, the more reassuring it is to the seller, who thinks, "This buyer is serious.'' It also ties the buyer to the property and keeps him or her from looking for additional properties. When Do I Get The Earnest Money Back? If the sale goes through, the earnest money is used as part of the cash down payment and is paid to the seller. If the sale does not go through because of a reason covered by a contingency in the contract (if, for example, the buyer could not get a mortgage), the seller should sign a release of escrow and the earnest money will be refunded to the buyer. The earnest money should also be refunded to the buyer if the sale does not go through because of a problem on the seller's side. If, however, the buyer backs out of the deal for no reason at all, or for a reason that is not covered by a contingency, return of the earnest money may go to the seller. FSBO (For Sale By Owner) Earnest Money If negotiating directly with the seller without the assistance of a Realtor®, never give the earnest money directly to the seller. If you are dealing with a for-sale-by-owner seller who insists upon earnest money before a contract can be executed, write the check to their lawyer or closing attorney or your lawyer or closing attorney, and write fiduciary agent after the lawyers name. This money will then go into a trust, or escrow, account until the negotiations are completed, the contract signed, and all contingencies met. If the deal falls apart, you'll get it back. But if you give the earnest money directly to the seller, you may never see it again, or you may have to go to court to get it back. Good Luck to you.

Q. I am renovating a 1900's home with a slate roof that needs replaced. There's too much damage to repair but still have hundreds of square feet of perfectly good slate roof tiles. I am not an artist that wants to paint a million little tiles but I do have a kitchen and bath that need to be remodeled. Can I use the slate roof tiles as floor tiles? If so, what extra steps do I need to take to make them suitable for the floor?

A. Thickness doesn't matter, as they would be laid in concrete anyway...I would think that too thick would almost be worse as it would raise up your floors too much...the only way you could reuse the tiles is if you cut off the end where the 2 holes are from attached to the roof. You also do not want to paint them, but they will need a good cleaning... & sealed after installation. I applaud you for thinking about repurposing & recycling, & therefore, saving money as a result!!! Not only that, but you're incorporating the history of the house to the interior. I think that's pretty cool!!! I hope you give it a serious shot at this, & get the advice of a tile expert in how to make this a successful project!!! Best of luck!!!

Q. FRAMERS/CARPENTERS Do you think this is a good price to build a garage? The garage is 32'x28' one story, 2x6 walls framed 16" on center, T-111 siding and roof trusses running 35' across the building.( all roof trim and soffits included) It will have 2 -10' garage doors (doors and installation are a seperate price) 1 entry door and no windows. Also to be built is a breezeway, which consists of 2- 5"x16"x14' engineered beams that have to be cut into the existing house walls, that carry roof trusses and tie the existing house roof and the new garage roof together, creating 2 valleyes on the new garage roof, no walls below.( NOTE: the garage sits at 15 degree offset from the house) Also the roof will be covered with metal roofing. There is a slab already poured. I live in New Hampshire The price is for LABOR ONLY With the breezway, the total square footage is 1088' The project will take 3-4 weeks Is 15K a good price for labor to put this building up. Too high? Too low?

A. This just seems high to me. The slab is already in. You do not mention electrical or any inside finishing (drywall). Essentially it just sounds like you are framing and finishing the exterior. For just labor with no material costs included this sounds $5-7K too high. And what you describe is only about a weeks actual work tops. I don't live in New Hampshire, but I do live in the West where construction is booming.

Q. 3 years ago we purchased a newly built house by a private contractor. Recently we noticed the roof was leaking. The cause of the leak was a improperly installed/missing flashing, which lead to major water damage behind the wall and fungus growing out of the carpet. The contractor subbed the roof out to roofers who were a) not liscenced and b) are no longer in business. We want the GC to pay for the repair, he refuses...is he liable for the repair?

A. Without a written warranty I don't think he has any liability on this. The roof could have had a manufacturers warranty on the shingle installation but it would not apply to the flashing. I hate to say it, but I don't think you will get anywhere other than a homeowners insurance claim. I am a general contractor, I do not have a written warranty on our carpentry labor, however I make it a point to stand behind our workmanship no matter how long. My roofing subs are required to provide a 1 yr. warranty on labor, and to fill out papers for warranty from the shingle manufacturer. Next time ask for a new home warranty - The builder should have been able to provide you with that option. Sometimes, it's unfair, but you will spend much more time and money on attorneys than this will be worth. Fix the flashing,wall,clean or replace carpet and consider this a lesson learned. We all have had learning experiences so don't feel bad.

Q. I have never attempted roofing before. Is there anything I need to know before starting? I plan to use a Timberland shingle like our house.

A. Start off with your 15# felt. Run a row across the bottom of the roof and continue up the roof. Overlap each row 6 inches. You don't need to worry about caulking or anything. If water gets underneath your roofing material, you've got a leak anyway. Just do a good job with the installation and don't worry about the underlayment (unless it's damaged or wet or soft). Your first row of shingles will require two layers making sure you offset the seams. Work your way up the roof making sure the shingle edges on ajoining rows don't come within 12 " of each other (Stagger the seams). The starter row should overhang 1-1/2 inches off the plywood. The sides should overhang the same (assuming steel facia). When you get to the top, don't use the field shingles for the ridge row. You need to order the proper amount of ridge row. This is a thinner shingle that will bend easier than the field shingle. The very last ridge shingle will have two exposed nails that you can caulk if you'd like. Points that need to be cleared up: 1. Your shingles are Timberline, not Timberland 2. You dont need 2 squares, you need 3 bundles( 1 square) plus one more bundle for the waste for a total of 4 bundles of field shingles. See if you can find an open bundle of ridge accessories as you won't need a whole bundle. 3. Don't caulk anything except any vents that you install. 4. Ice and Water shield doesnt stop ice dams from forming, it helps stop leaks once they do form. Since your not heating your shed, you won't need Ice and Water shield. 5. Your shingles don't have tabs...Four nails per shingle. Good Luck and do not fall !! Mike

Q. Is this just a gimmick to win business or do most building codes actually require its installation? Everything I find online talks how quickly it degrades and recommends other materials. Is this just a gimmick, or did my first roofer omit the quote?

A. Here that would be BS I've never heard this before. Unless you live in a fire prone area in which case it may be required by code. Check with the county zoning or whatever and find the code. Asphalt shingles burn without fire retardant wood so I think it wouldn't matter if you used those anyway

Q. I have a lifetime rubber roof that is several years old, showing the wear at the seams with black lines. The company has subsequently gone out of business. Unfortunetly a party by the name of the"Greens" cleaned it for several years and had been using bleach on it which you are not supposed to EVER do, which has deterreated the roof to the point of seeing the black seam lines. My question is can you safely cover the roof now with a product that will not hurt the roof.

A. There are many liquid applied roof coatings that can be used over a rubber or epdm roof. Anything acrylic or water based will not harm your roof. A solvent based coating might. You should try to find info on the original roof, to see if there is a re-coat recommendation. A local roofing company can also make a recommendation, and advise on the deterioration. Maybe black seam lines are a normal expected wear and are cosmetic only, or you only need a touch up repair. A rubber roof does not last a lifetime. That is why the original installation company is out of business now. They probably have already re-organized as a new company under a new name, with plans to go out of business again in 5 years. This way the can offer outlandish warranties, provide poor installations, and avoid roof liabilities. Next time you should use a roofing company that has stayed in business for at least 15 years.