No, no, no, this is very bad

Sep 20, 2024 12:54 AM

Jaqdakloun

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1189

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The material being sprayed is liquid "foam" that hardens into a hydrophobic surface which will be the new roof. It has to be sprayed on a dry, solid surface, and has to adhere to said surface. It will definitely adhere to the shingles, however, the shingles are loose, and easily come off the plywood they're supposed to be nailed to. This will cause the foam to shift, crack, and become completely ineffective. The homeowner insisted we leave the shingles on, even after being told by the foreman, our supervisor, and her supervisor, still, dude wouldn't budge. This roof is going to last only a few months and will have to be torn off and redone. Thank you for letting me bore you, but I don't have friends to rant to, be well and stay fresh cheese bags.

Finished product, the empty space Is for the AC unit, we were quite upset, we pride ourselves in our work, and this was just crap.

I would have refused the job. It's going to cause more headaches in the future.

2 years ago | Likes 3 Dislikes 0

How was he walking on shingles that weren't attached? Wouldn't they be moving?

2 years ago | Likes 2 Dislikes 1

I guess the real question is why would the spray foam company take the job? Any job the customer demands be done incorrectly is a job worth walking away from.

2 years ago | Likes 2 Dislikes 0

Ex-Commercial roofer here…this is very bad. Also my boss had a little cartoon picture in the office. It was a bum looking guy sitting on a bench, drinking from a bottle in a brown bag and looking sad. The caption said, ‘I took every job I ever bid on.’ Taking jobs like this is what causes the cartoon guy’s sorrow. Sometimes you have to walk away.

2 years ago | Likes 2 Dislikes 0

I have fired customers in the past because their demands would not yield a product I wanted my company name to be associated with.

2 years ago | Likes 2 Dislikes 0

Oof. I hope you got all that in writing. Customer will 100% come back later bitching about shoddy work

2 years ago | Likes 4 Dislikes 0

May I ask, if you guys pride yourself in your work why did you take the job? When the customer said he wanted work done that you guys couldn't guarantee you guys should have not done the job, because despite his stupidity it's still going to be your guy's name on the line

2 years ago | Likes 3 Dislikes 0

So it's a shit product then is what you're saying. Wouldn't stand up to a hail storm is what I'm hearing.

2 years ago | Likes 2 Dislikes 1

I don't do work knowing it's going to fail. I wouldn't want my business to have a tarnished record for doing some shady shit like this or my name and reputation possibility ruined. Seriously, why tf would you do this if you knew it would fail? Some shady business practice.

2 years ago | Likes 14 Dislikes 4

I can at least imagine plausible backstories that don't leave the company a lot of choice. Example- this could be work being done by a contracting firm that had a major reno booked with this client, just one job on a list of multiple, where the conflict didn't become apparent until work began. It's not as easy to back out when you've already repiped the house and installed new floors and now it's roof time but oh suddenly there's a disagreement and you haven't been paid yet.

2 years ago | Likes 3 Dislikes 1

2 years ago | Likes 9 Dislikes 2

Refusing the service is an option when reputation and experience are going to be called into question. As experts, your opinion and know-how are more important than the homeowner's wishes.

2 years ago | Likes 3 Dislikes 0

I wouldn't of done the job. The liability is too great.

If it isn't in the contract that the client has to agree to the requirements for the instillation, and if they refuse, then you have the right to cancel the contract effective immediately. Any deposits are not returned (if applicable).

It could easily spiral out of control with lawsuits (client trying to sue you, counter-suit, defamation off the top of my head), not to mention whatever garbage the client spouts off against your company.

2 years ago | Likes 3 Dislikes 0

The roofer met all his contractual duties when he warned the customer of the fallibility of the product, when not installed per ASTM specs. I do hope he had the forethought to have a WRITTEN CONTRACT. With the warning stated. Even still, a judge will ask why they went forward. Never do subservient work for ANYONE for any price. These are the two kinds of people in construction, that make it difficult to service a client. "F" too you both... Both know better, just trying to screw the next guy....

2 years ago | Likes 2 Dislikes 1

Shingles aren't a thing in my country. Are they just laid straight on a ply sheet? How are they waterproof?

2 years ago | Likes 6 Dislikes 5

There is usually a layer of plastic or tar-based barrier between the wood and the shingle. The visible part of the shingle is only half of each piece, much like slate tiles or cedar shakes, they overlap significantly. Starting at the bottom of the slope, they are attached with nails into the plywood, the nails are driven through the shingle in the area that will be covered by the next row up. The shingle itself is mostly asphalt and pretty durable for a cheaper price than slate/ceramic options

2 years ago | Likes 13 Dislikes 1

Well said.

2 years ago | Likes 1 Dislikes 0

You should probably be wearing a respirator. I'm not sure a shirt tied around your face is going to do much to mitigate the damage this product does to your lungs.

2 years ago | Likes 11 Dislikes 0

You didn't have enough pride to refuse the job and not take their money, so get off your high horse

2 years ago | Likes 9 Dislikes 13

The fuck does needing to make a living and feed your family have to do with "pride"? Money from morons spends the same as all other money.

2 years ago | Likes 6 Dislikes 6

What makes you think it was OP's decision when his boss, his boss's boss, and his boss's boss's boss all told them to go ahead and do the roof.

2 years ago | Likes 5 Dislikes 3

I would simply decline to do it. Even the law would prevent to proceed. Ofc i live in a country where there are minimum standards and laws.

2 years ago | Likes 2 Dislikes 0

I don't understand why you didn't refuse the work. The homeowner didn't make you accept the job.

2 years ago | Likes 5 Dislikes 2

Many companies are not in a position to refuse work, especially if they already have the crew and chemicals there.

2 years ago | Likes 3 Dislikes 0

A gentle reminder, "no" is a complete sentence.

2 years ago | Likes 2 Dislikes 0

I hope you gave the warning in writing and that they ignored it so when they come back later to say its your fault your ass is covered.

2 years ago | Likes 2 Dislikes 0

What does this foam do? If the shingles are there the house already has a roof. If it needs insulation that goes on the inside.

2 years ago | Likes 9 Dislikes 1

"The material being sprayed is liquid "foam" that hardens into a hydrophobic surface which will be the new roof."

2 years ago | Likes 5 Dislikes 0

Client will 100% blame you for the "shit job". Former graphic designer, I did a job for a client that insisted on their own design even if it was shit. But a gig is a gig and money is money. Did it, but politely protested during the entire process. Even kept all the drafts and communications in case. They were happy at first until people told them the design sucks and insisted I was the one who screwed them over.

2 years ago | Likes 121 Dislikes 2

this

2 years ago | Likes 4 Dislikes 0

More than likely, but we have a good boss, and he assured us any issues are between him and the homeowner.

2 years ago | Likes 22 Dislikes 0

It's reassuring when you know your boss has your back

2 years ago | Likes 7 Dislikes 0

Sue in small claims for defamation?

2 years ago | Likes 33 Dislikes 1

I was working for a company back then. Client complained (openly), I handed over the roughs, the communications and the sign offs by the client to my bosses. They talked with the client (I don't know all the details but legal was mentionned), client shut up and I worked there for a few more years before switching careers.

2 years ago | Likes 36 Dislikes 0

Hell yes

2 years ago | Likes 1 Dislikes 0

If it were me, I would have left a little message underneath a few of the shingles; something like "WE TOLD YOU SO"

2 years ago | Likes 9 Dislikes 2

Oh, or: "We've been trying to reach you about your roof's extended warranty..." lol

2 years ago | Likes 6 Dislikes 2

So, you're the guy who put the fake skeleton in the wall in the bathroom to be found when remodeling. HAH! Good job

2 years ago | Likes 3 Dislikes 0

Oh yes I would. With a copy of "The Cask of Amontillado".

2 years ago | Likes 1 Dislikes 0

Best served cold

2 years ago | Likes 1 Dislikes 0

wait, the shingles are just laid on top of each other and not actually nailed in place? Why? I would think any roofer would just nail them down. The time is hauling them up, opening them, pulling them out, laying them out and lining them up. Nailing them down take a couple seconds per slab. How can you even keep them aligned when you are walking on them without securing them? I am very confused.

2 years ago | Likes 9 Dislikes 0

The middle, lengthwise, of a shingle is affixed to the roof with six nails. The next shingle up is set down over the firsts, with the line of nails being cover by the over lap. The lower edge of a shingle usually has little spots of asphalt whin when heated up sort of tacks the lower, ‘loose’ edge down. You can pull up the lower half of a shingle. in this case, the substrate, the shingles, is not completely affixed to the actual roof deck.

2 years ago | Likes 1 Dislikes 0

I assume OP meant that there are loose or failing shingles on the roof. Correct application of shingled roofing is nailing. No way they weren't nailed down

2 years ago | Likes 5 Dislikes 0

Thats gotta be it

2 years ago | Likes 1 Dislikes 0

I don't believe OP. I've been in construction for over 30 years, and his comments don't make sense. There's no way all those asphalt shingles could be laid like that and not nailed in place. They'd be moving around just with people walking on them, and wouldn't stay parallel like they are.

2 years ago | Likes 5 Dislikes 0

And yet you still did it. Like Groucho Marx said "And those are my principles. If you don't like them, I have others"

2 years ago | Likes 55 Dislikes 8

Anything spray on is a stop gap at best, and the folks applying it know this. Then applying it to asphalt shingles in reasonable condition, or any other substrates is a testament to their scamm-iness.

2 years ago | Likes 3 Dislikes 1

My principle there is "I provide a service, I have standards to do it right, but I will do it all as wrong as the customer demands beyond my professional input".

2 years ago | Likes 2 Dislikes 0

Aye, we were hired, and paid to do a job, the consequences will result in more labor and cost, job security, and we've been assured that any issues are between our boss and the homeowner, so, we did it anyway, and we'll do it again !

2 years ago | Likes 16 Dislikes 3

I don't understand the logic though. You were hired to do a professional job, but listened to the unskilled, unknowledgeable owner knowing it was wrong.
If I hired someone to do a job I wouldn't tell them how to do it, let alone expect them to actually listen to me, apart from design choices.

2 years ago | Likes 4 Dislikes 2

Its so stupid.. a 100% of contractors will make the claim that client said so.. and then will cry that there is evidence that they did it wrong.. a 2 year old can tell me to hit a window with a hammer..if I do.. its my fault.. i should have known better

2 years ago | Likes 3 Dislikes 2

Why not walk away knowing this issues it will cause?

2 years ago | Likes 137 Dislikes 7

one thousand percent this...

2 years ago | Likes 13 Dislikes 4

I once did a job at my boss's boss's boss's insistence that I assured him repeatedly was a very bad idea. (Not for the toes it would step on, but just because it was not even a slightly valid approach for a projection, but it did step on toes too.) As a result, Congress wound up proposing a $5M reduction to be taken against the salaries of the folks who prepared the projection (AKA me). Fortunately they didn't know who I was and the proposal didn't make it into law anyhow.

2 years ago | Likes 13 Dislikes 1

this. If you pride in your work, walk away from the job that will hurt your reputation. Plenty of work out there.

2 years ago | Likes 8 Dislikes 0

Roofers typically like being employed.

2 years ago | Likes 36 Dislikes 3

There's a lot of roofs, not fucking one up isn't an issue.

2 years ago | Likes 7 Dislikes 3

It snows sometimes, so climate change must be a myth, right. Same logic.

2 years ago | Likes 1 Dislikes 6

Theres a lot of roofers too

2 years ago | Likes 2 Dislikes 1

And people are going to use the one with principals over the ones who just do whatever.

2 years ago | Likes 1 Dislikes 3

Principals have enough to do running schools, they aren't moonlighting as roofers.

2 years ago | Likes 2 Dislikes 2

When neighbor called the roofer we used a couple of years ago.. their prices had gone up by almost 50%.. so he got a bunch of Afghanis for the same price as we paid.. same quality.. there are so many roofers that you can tell
10 a day to pound sand

2 years ago | Likes 1 Dislikes 0

Idiot’s money spends the same.

2 years ago | Likes 70 Dislikes 3

Idiot will blame you one day if you don't have proof you claimed otherwise. Not worth the risk

2 years ago | Likes 11 Dislikes 2

Getting proof is easy. Not worth your kids going hungry.

2 years ago | Likes 7 Dislikes 2

A job done poorly might cost you several jobs down the road via word of mouth. My coworker got his roof replaced four months before me, and they did such a bad job that I chose a bid $2k higher to avoid them.

2 years ago | Likes 1 Dislikes 0

A job done perfectly might cost you several jobs down the road via word of mouth if you offended the owners in some bullshit way.

2 years ago | Likes 1 Dislikes 1

Anybody who'd ignore their advice is very likely to sue over the results. If you have to defend your earnings in court, that money very much does not spend the same.

2 years ago | Likes 19 Dislikes 1

If you have it in writing, the case will probably be thrown out or the dumbass will get stuck with all of the legal bills and probably more

2 years ago | Likes 2 Dislikes 2

Lawyers make more per hour than roofers, and as I understand it, you usually have to countersue in order for the courts to get your legal costs covered by somebody suing you.

2 years ago | Likes 4 Dislikes 0

I believe you're right, but I'm guessing it usually works in the contractors favor based on how many stories like this I see

2 years ago | Likes 1 Dislikes 1

I'm not saying you're wrong since I imagine you've seen it happen before, but why? How is the foam not holding it together more firmly? If it's truly hydrophobic, rain isn't going to affect it. If it's applied properly, water can't pool anywhere on the roof to add weight to pull the shingles off. I don't understand why this is a problem other than shingles aren't firmly attached enough.

2 years ago | Likes 17 Dislikes 2

imagine putting paper on a wall then spray foaming the wall. the paper has to be attached but it's still the weakest part of the foams application.

2 years ago | Likes 7 Dislikes 0

but see, reading comprehension to the OP's explanation is at play here... you wrote there's no problem "other than shingles aren't firmly attached enough" but that's plenty!

2 years ago | Likes 4 Dislikes 1

I could have worded that better. I meant not attached enough in general, like they would fall off anyway even without the foam.

2 years ago | Likes 2 Dislikes 1

This site suggests it’s possible at least in some situations. May vary depending on condition of the shingles and may require special primer/adhesives. https://www.foamexpertsroofing.com/blog/can-you-put-a-foam-roof-over-shingles/

2 years ago | Likes 5 Dislikes 0

Your roof is subject to more than just rainfall, wind is a constant issue, hail, tree branches, etc.

2 years ago | Likes 3 Dislikes 0

Yeah, I don't know anything about roofing, and I didn't understand the issue.

2 years ago | Likes 6 Dislikes 0

I'd assume thermal expansion. Shingles are probably designed to expand with daytime heat, and do so at slightly different rates. And any spray-on is (by definition) many small, independent globs, and that's not the kind of structure that's meant to stretch. You'd likely see all kinds of micro-fractures (that grow), especially where two shingles meet.

2 years ago | Likes 9 Dislikes 0

Add extreme cold in the NE, & you have a recipe for disaster with expansion & contraction which EVERY roof & material used, account for this movement. However, this material does not sound like a fix for a conventional roof in certain areas at all. Encompassing wood products to stop oxygen is detrimental due to non-breathing areas of a building these products create

2 years ago | Likes 6 Dislikes 0

I'm also not an expert, but my understanding is that this material is very fragile and relies on a backing for support. Disturbances that would be enough to shift the shingles (but not tear or remove them) , such as running squirrels, falling twigs or strong would result in cracks.

2 years ago | Likes 9 Dislikes 0

Not sure how I didn't consider heavy wind at all, but that makes a lot of sense. Thank you.

2 years ago | Likes 7 Dislikes 1

Was it a house flipper? Because I doubt someone who wants to live there would decide to fuck up his own roof like that. I hope you made him sign something saying you won't be responsible for the shitty job when it inevitably fails.

2 years ago | Likes 254 Dislikes 2

I dunno… a lot of people are REALLY fucking stupid.

2 years ago | Likes 4 Dislikes 0

House flippers can be pretty awful. I lived in an area that was basically sand dunes that happened to have plants on them in high school. Some speculator had the bright idea of buying a property, razing the plants, and expecting people to build houses on top of a plant-less sand dune.

The *really* distressing bit is that I suspect they made money selling to other speculators, though over a decade on no actual *houses* have materialized.

2 years ago | Likes 33 Dislikes 1

Some customer are stupid as fuck. They'll insist on stuff like this then complain when it fails.

2 years ago | Likes 88 Dislikes 0

Yes but I didn't mean it like that!

2 years ago | Likes 2 Dislikes 0

People, the worst thing we make the most of

2 years ago | Likes 5 Dislikes 0

As somebody who used to do rental property maintenance I clearly hear you calling out cheap landlords. They will repeatedly spend a dollar to save a dime and then spend ten dollars fixing it a year later.

2 years ago | Likes 18 Dislikes 0

I do not have experience with cheap landlords but I am sure you have some beige paint you can put on that.

2 years ago | Likes 4 Dislikes 0

from IT field ican confirm this " i want to se everyone in the companies mailbox in my outlook""no you dont, this is going to break outlook" " just do as i say" "OK"

2 years ago | Likes 7 Dislikes 0

As someone in IT, people are fuckin stupid in general and they think they're an expert in all matters while still coming to you for help. At the same time you're providing them an answer based on decades of experience, they will still question and disregard said answer.

2 years ago | Likes 2 Dislikes 0

I don't think so, it was a new construction around a part of the house that stood there before.

2 years ago | Likes 19 Dislikes 0

That's an addition, and those asphalt shingles have some age to them. They're not new, as evidenced by the worn spots on them. Why do you think they're not nailed down? Those shingles have been up there for a decade or more, and they're in perfectly straight rows.

2 years ago | Likes 4 Dislikes 0

SO, how is it supposed to be done?

2 years ago | Likes 6 Dislikes 0

Without the shingles, just straight onto the underlying plywood

2 years ago | Likes 12 Dislikes 0

Yesh !

2 years ago | Likes 2 Dislikes 0

Hope you documented every time the guy dismissed your recommendations. He is going to try and blame you when this fails.

2 years ago | Likes 1174 Dislikes 1

It woll not help. He will be a pain in the ass for years. I would decline to do it completelly. I'm a professional. I do it the Professional, by the book way or nothing.

2 years ago | Likes 1 Dislikes 0

I worked in a hardware store years ago and this is why we had a "will not load" policy for certain situations. Like the guy that bought half a pallet of concrete mix and wanted it loaded into an old 2 door coupe. He loaded it and drove off. Don't know if he made it or not but we didn't touch it.

2 years ago | Likes 16 Dislikes 0

I was going to write something exactly like this. Put up a piece of paper that says: "I recognize that I have been told that this would not work the way I demanded it to be done, and that I was told that it would become undone within just a few months, I insist on it being done this way anyway, and waive my rights to blame anyone but myself when it does".

2 years ago | Likes 8 Dislikes 2

The landlord special

2 years ago | Likes 5 Dislikes 1

Agreed. Hope you got something that'll hold up in court.

2 years ago | Likes 138 Dislikes 1

My Friend who is a Circuit Judge told me some time ago that if it's not written down and signed, it isn't worth sh!t.

2 years ago | Likes 1 Dislikes 0

1000% man.

We get calls "how much is it to repair bpa blah blah."

"Well if it's fucked, $18k."

"Oh, that's way too much. How much are they typically just a ballpark"

"Well I dunno, it depends. if it's just x,y,z and medium hours, maybe 12?"

He decides to bring it in, we get it apart, we quote him $21.5 because it's more than fucked it's totally fucked. Even the shit we dont normally replace was fucked. Even the shit that gets fucked one out of 10,000, was fucked.

him: "YOU QUOTED TWEEELVE"

2 years ago | Likes 22 Dislikes 0

"YEAH WELL ITS FUCKING FUCKED, DUMBASS."

Customers just suck.

2 years ago | Likes 10 Dislikes 0

Just texts between me and the homeowner, but we have a good boss, and he assured us that any issues are between him and the homeowner.

2 years ago | Likes 277 Dislikes 0

Get them in black and white.

2 years ago | Likes 2 Dislikes 0

I would make the owner sign an acknowledgement report or something. And the reputational damages may occur, btw, when the foam cracks and the customer starts spreading words of your work.

2 years ago | Likes 4 Dislikes 0

If your boss is the licensed contractor, and not you, then you're probably good. any contract for work done would be the bosses responsibility. But yeah this is going to be really gnarly when it comes back around.

2 years ago | Likes 2 Dislikes 0

Always get them to sign a "Hold Harmless Agreement" or HHA. Simple common legal document that says they can't sue later, basically.

2 years ago | Likes 2 Dislikes 0

Document. Document. Document. Now.

2 years ago | Likes 2 Dislikes 0

You guys are still in for a shit storm your boss should have 100% had the guy sign a release. Because in 1 month when it cracks this guy "who knows everything" is going to be livid and harassing everyone he has contact information for.

Good luck.

2 years ago | Likes 42 Dislikes 0

Yep

2 years ago | Likes 3 Dislikes 0

Find a way to print them out. Especially if he listed his name and address. A form may have been good to have him sign. We use to do that at the body shop when ever someone comes in with such a shit car, we have them sign that they acknowledge it's unsafe to drive and was removed at his request.

2 years ago | Likes 118 Dislikes 0

One guy had a clothes hanger wrapped around the driver door window frame to keep it shut. He had to get out the passenger side. We told him it was a total and we couldn't touch it due to liability concerns.

2 years ago | Likes 33 Dislikes 0

That reminds me of the vehicles I’ve seen on “Just Rolled In” on YouTube.

2 years ago | Likes 4 Dislikes 0

I love that channel and yes, people are that stupid. One lady brought back her car because the fog lights didn't work. I showed her where the switch was. She god in her car and left without a word. Also had an H2 that was so filled with crap, we refused to touch it until it was cleaned out. Took him 2 months. No wonder he was in an accident. Sitting on old mail and have so much crap on the floor it interfered with the pedals. (1/

2 years ago | Likes 2 Dislikes 0

From an insurance standpoint if you can't prove you advised against it you will most likely be held liable.

2 years ago | Likes 2 Dislikes 0

In future get the customer to sign something acknowledging that you advise against it and the risks of going against your advise. They will claim ignorance when it fails. I'm sure your boss will have your back, but it is best to protect yourself and look professional.

2 years ago | Likes 12 Dislikes 0

Is there no building code, permit process where you are, license & insurance? This would be red tagged where I live, documents or not.

2 years ago | Likes 6 Dislikes 0

Never seen this roof type before. Do you know what the foam is? I'm guessing a resin based thing that goes off a bit like fibre glass?... Does it stay that colour or do people paint it?

2 years ago | Likes 4 Dislikes 0

Also, done UV break down the foam over time? How’s durability compare to other types of roofing materials? Does it stand up to hail?

2 years ago | Likes 5 Dislikes 0

I think part of our skepticism might come from this looking a lot like PIR foam?.. Which we know won't last 5 minutes (but it cant be that or it's almost be falling off before they had time to pack up the truck and leave :D)

2 years ago | Likes 3 Dislikes 0

"Despite the fact that we have informed you that this will not last and that it will have to be done again shortly, you chose to ignore our advice. By signing here, you release us from all financial responsibility in connection with a leak in the roof". Get a lawyer to adjust the wording, and get the customer to sign.

2 years ago | Likes 30 Dislikes 0

Actually, the documentation can work AGAINST them in a lot of places. Because if they knew it was wrong, and told them it was wrong, and did it anyway, the "but the customer said do it anyway" defense doesn't hold up in a lot of jurisdictions, ESPECIALLY when it's clear they knew.

That's not to say "don't document." It's more saying "there's no right way to do the wrong thing, and they should have refused."

2 years ago | Likes 78 Dislikes 8

I would be more concerned about things like if the homeowner went and sold the property shortly after doing this.
Also I am sure that in most jurisdictions there are restrictions along the line of if it can't be performed correctly then no work can be done. Ie it gets done the accepted way or not at all, customers preference be damned.. generally more applicable to electrics and plumbing probably but may be applicable in this case as well.

2 years ago | Likes 8 Dislikes 0

Yeah idk about for roofing but I can't just call up a plumber and say fuck the accepted plans, I want my sewer lines to drain directly into the gutter and make them do that. Nor can I make an electrician wire up a 15a circuit for my electric car charger. At some point OP's boss needed to eat the lost costs and tell this twit customer to shove it.

2 years ago | Likes 1 Dislikes 0

So you can lose in court if you give the customer what they wanted?

2 years ago | Likes 12 Dislikes 1

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2 years ago (deleted Sep 20, 2024 3:41 AM) | Likes 0 Dislikes 0

I guess that is true

2 years ago | Likes 1 Dislikes 0

Here it needs to "be fit for purpose". An option is "Sorry I'm not even quoting it."

2 years ago | Likes 6 Dislikes 0

Just following orders isn't much of a defense

2 years ago | Likes 3 Dislikes 0

If I go into the Dr. and ask them to surgically remove my legs because I think its a good idea I will be refused. Contractors can also refuse work in a similar vein when they know its a bad idea and should do so even though there isn't a Hippocratic oath for contractors.

2 years ago | Likes 11 Dislikes 3

In some case, yes, especially if it results in early material failure, property damage, or isn't to code. "It's what they asked for" isn't some sort of immutable defense for doing a job the wrong way.

2 years ago | Likes 8 Dislikes 1

I understand if it's not up to code, but if it's to code, I find it hard to believe that would still be the contractors fault. What's the legal basis for that?

2 years ago | Likes 6 Dislikes 1

Customers are legally allowed to be stupid, ignorant and stubborn, professionals are not. The one who is expected to know what they are doing is liable in most cases.

2 years ago | Likes 2 Dislikes 1

A lot is gonna come down to what's on the SOW for the project, what sorts of understanding can be contractually waived, and in particular, what the nominal specs are for the installation. Let's say that's a product with a 10-yearl guarantee (when installed correctly). If it fails in months - like OP predicts - and ESPECIALLY if it results in any additional property damage, there's an incredibly good chance the contractor will be liable for knowingly improper installation.

2 years ago | Likes 3 Dislikes 1

And there is a TON of "what ifs" for something like this, since we only know what OP said. And regardless of any "what if," good contractors won't be like "oh well, I'll take the money anyway and accept this huge risk." Like I said at the start, there's no right way to do the wrong work. I don't think they take quite the pride in their work OP claims if they'll cut corners like this. We had it baked into our contracts to protect ourselves, even. Good way to lose licensing and bonding.

2 years ago | Likes 4 Dislikes 2

It's not quite like that. Usually "document" means "sign something saying you understand this is fucking stupid before I do it". Basically, you can do something for someone for money, and it's fine, as long as everyone understands and agrees on what will happen. The documentation is mostly about claims of bad workmanship or warranty, which are defended against by having someone sign the "I'm an idiot" paper.

2 years ago | Likes 46 Dislikes 3

Waivers can and are routinely thrown out in courts, especially if the customer can show that the contractor knew what they were doing was wrong. At a certain point, a contractor absolutely has the responsibility to know better than a customer and walk away. All of this is variable and situational, but things like text messages or phone recordings ARE admissable. Given the content of the OP, at least in our jurisdiction, the contractor would almost certainly lose in small claims court here.

2 years ago | Likes 19 Dislikes 2

Which is why you always let your attorney write the waiver. Knowing they'll be going to court on it can make them do the right thing. At least that's how all of the fortune 500s handle it. But they also have infinite money and settle all the fucking time.

2 years ago | Likes 2 Dislikes 0

What you're basically saying is that I can't hire someone to do something that might not be bog standard, on the off chance that I have a weird situation or need, and also, that the rules of when I can't hire someone that way are entirely unclear, and based on obscure, unwritten, "should have known" properties. The notion of the contractors walking away should, in my mind, be more associated with situations that are inherently illegal or dangerous.

2 years ago | Likes 1 Dislikes 0

It wouldn't go to small claims and the contractor did no wrong. The work will meet expectations with regards to quality.

2 years ago | Likes 1 Dislikes 0

I’ve got an example. “I’ll pay you money to murder me in a very particular way” is usually a bad idea. You probably just shouldn’t take that offer, right?

2 years ago | Likes 8 Dislikes 2

I mean, the government do this on a national level, the model is clearly sound

2 years ago | Likes 1 Dislikes 0

Correct. Murder the way you want. Don't let someone smother your creativity.

2 years ago | Likes 5 Dislikes 0

Exactly. Take the money and walk away. What are they going to do, call the cops? And say what?

2 years ago | Likes 2 Dislikes 0

Considering that the homeowner was told, in no uncertain terms why this was A Bad Idea, and they insisted on continuing anyway - that shifts the blame from the contractor to the homeowner.

2 years ago | Likes 1 Dislikes 2

prove that the customer (who is not an expert!) full understood the risks they were taking. no, a signed piece of paper ("yeah they gave me something to sign. there were loads of forms.") will not actually prove this. given the choices of "large company that definitely should've known better than to do this" and "poor innocent homeowner who's home has been wrecked by this", who do you think the court is likely to side with?

2 years ago | Likes 1 Dislikes 0

This is one of those situations where you should get legal advice because the way it works is probably not intuitive and covering your ass will probably take more work than you think. There are situations where an architect in the UK can get jail time for doing what the client wants and not what is required, it is not always simple. Doing something stupid might mean a building can never be sold due to not meeting requirements too.

2 years ago | Likes 3 Dislikes 0