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Question: Last year I paid more than $80,000 to a home improvement contractor who painted the interior of my home, roofed the exterior and installed some windows. The flat roof that was installed is not covered by a warranty because it was not installed on a commercial building. In addition, the contractor did not get the proper permits, and the roof has leaked in eight rooms, causing more than $18,000 in damage. The roof still has severe ponding issues.

The contractor refuses to fix the roof and maintains his company did nothing wrong. We can't have the inside damage repaired because the roof is not fixed properly.

Litigation is so expensive, but this is frustrating. We have reported the contractor to the Better Business Bureau and notified the township where we live. What else can we do to protect others?
-- Marion, Villanova, Pa.

Marion: Your letter illustrates the perils of hiring a contractor without checking references or controlling the specs of the job. If you had done your homework, you would have talked to the Better Business Bureau, the state contractor's licensing board and asked to speak to previous satisfied customers BEFORE hiring. In addition, you would have a contract specifying residential, not commercial, roofing. (Most roofing materials warranties, however, only cover defects, not poor installation.)

I trust you've already complained to the licensing board (assuming the roofer was licensed). You say that ligitation is expensive, but it may be your only recourse at this stage of the game. Because of the high amount involved, you probably won't be able to use small claims court and will need an attorney.

However, if you are successful, you may be able to recoup your loss. Before going to court, however, it would be wise to investigate to see if the roofer is substantial enough to pay a damage claim. He might have been a "fly-by-night" operator and be long gone so that even if you win in court, you might have nothing to attach to satisfy your claim.

Mr. Irwin has more than 25 years' experience as a Los Angeles-area real-estate broker. He is the author of more than two dozen books about real estate and is recognized as one of the most knowledgeable writers in the real-estate field. Mr. Irwin's most recent book is "Tips & Traps When Buying a Condo, Co-op or Townhouse," (McGraw-Hill, 1999).

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