A hailstorm pummeled your client’s roof, and you’re both eager to start the work. After all, you need to assess the damage, order supplies, and wait for the materials to be delivered. Once your client’s insurance green-lights the claim, they’ll want you to start removing the old roof, and you’ll be focused on getting the job done so you can get paid. With all the intricacies involved in the project, don’t overlook the most crucial element: a watertight contract.
Nowadays, you can find a website that will auto-generate a roofing contract within minutes, but I wouldn’t suggest using it. In many cases, these online contracts have contradictory provisions and vague language. While the online contract service may tout that a lawyer reviews them, there’s no way to know if the attorney is licensed in Colorado – or a lawyer.
Here are the three legal must-haves for your Denver roofing contract to be sure you’re not in violation of any consumer protections:
Colorado homeowners have 72 hours to cancel a contract and get a refund. C.R.S. 6-22-104
If your client files a claim and it’s denied, they have 72 hours to cancel the contract and ask for a refund for any upfront costs. C.R.S. 6-22-104
The keyword here is denied. If the insurance company green lights their homeowner’s claim, they can’t turn around and pocket the money without any legal recourse on your part.
However, it’s tough to win a breach of contract claim if you don’t have a right to rescind clause in your roof contract.
In addition to the scope of services and materials to be provided, the contract must include estimates for when the services will take place and how much they will cost. C.R.S. 6-22-103
The contract must clearly state what the client can expect to pay or how the final cost will be calculated. C.R.S. 6-22-104
Vague language around pricing on a roofing contract can appear shady to a homeowner, and a judge may very well agree. Clear pricing makes for a winning contract in court. We know from experience.
Robinson & Henry recently won an appeal case that dealt with this very issue. The roofing contract drafted by a lawyer was strong from the start because it protected the roofer from false claims of shoddy workmanship.
As a roofer, you cannot offer to cover the homeowner’s insurance deductible. To do so could get you into legal hot water. Colorado law stipulates that roofers cannot advertise or promise to pay, waive, or rebate all or part of a client’s insurance deductible. C.R.S. 6-22-105
You also have to be extremely careful not to act like a public adjuster on behalf of your client. While you’re not prohibited from discussing the scope of repairs with an insurance company, you cannot lawfully advocate for a higher claim payout on behalf of your client. C.R.S. 10-2-417
Let’s face it. If your Colorado roof contract is missing any of these elements, your contract is as leak-prone as your client’s house without the roof repairs. Violating these Colorado laws practically hands a homeowner without the best intentions a rock-solid case against you. If your contract is deemed unenforceable because it’s missing any of these three provisions, you could be liable for damages.
A well-written contract protects both the homeowner and the roofer, ensuring everyone is on the same page regarding the project details, timeline, and costs. Work with one of Robinson & Henry’s attorneys to ensure your contract can resist the wrath of a scheming consumer. Call 303-688-0944 to get started on your case assessment now.