We recently hired a roofer to replace the roof (full strip and new
felt,flashing,water/ice shield, new ridge vent installed etc) of our
house. The contracted price was Amount A, made in 3 payments. Prior to
signing, I also stated a complete clean-up & sufficient soffit
ventilation in the contract. The house had substandard soffit
ventilation and ice damming had been a problem in the past. The
contract also included a 5 year workmanship warranty and a 10 year
extended "System Plus" warranty from the manufacturer, GAF. Soffit
vents were discussed with the estimator and again before the job
The contract also stated that any additional work which required
additional payment would be due before the work began. The roofer
accepted the contract and cashed the deposit (1st) payment. Sometime
later they began work and the second payment was made.. The started on a
day when there was rain in the forecast, and stopped work that day after
rain had began. Due to severe storms (some water penetrated into the
attic), work could not resume for several days.
They did finish the shingles when the weather cleared several days
later, which took about a half a day of work. When they said they were
finished, I inquired about the soffit vents, which had not been added.
I pointed out that they were in the contract. The foreman said he would
have to check with the office. The next business day, someone arrived
and said we already had soffit vents. I said, yes that is true but
there are not many and they are quite small, under 30 square inches
total. He added several vents, but instead of cutting a square hole
(e.g. just smaller than the metal vents) he drilled 3 large holes, so
that the total venting area is significantly less than the vent. (The
same GAF vents may be purchased for less than $2/ea at home depot.)
Since the job was complete, the final payment was made, and Amount A was
paid (and checks cashed) in full. Shortly thereafter, an invoice
arrived (Amount B) for soffit vents.
I disagree that I owe Amount B. Soffit vents were included the
contract, which the roofer did accept. No agreement was made to pay
Amount B. The shingle manufacturer, GAF, requires 1 sq inch or soffit
ventilation for every sq inch of exhaust ventilation in their
documentation, and a ridge vent increased the exhaust ventilation.
The roofer claims that GAF vent requirements are only a
"recommendation." Roof also claims that I owe Amount B because he did
not agree to the soffit vents and he had to send someone on a separate
visit (he could have done everything on the same visit). The roofer
also says that he will not activate warranties until everything is paid,
despite that Amount A was for a contract that included warranties and
Amount A has been paid in full.
What is the most fair way to resolve the situation?