Licensed Contractors' civil responsibility and integrety

[John Ma]

Hey guys, I hope someone who may have been around the block may be able to steer me in the right direction.  This is my first time working with a sub-par contractor.

I had a roof replaced recently (shingles and boards). I am not completely satisfied with the outcome, however it is acceptable for its roofing functions.  To have it done to what I want, it would basically need a re-do down to the joists.  During the work, i was lied to about what the joists looked like, which I later found out and had repaired afterwards from the inside.

With that said, I have not paid the bill in full yet and want to re-negotiate the contract based on the outcome.

To have some leverage on negotiation, I want to know whether it is a Licensed Contractor's civil duty to point out things that not to code and not continuing with the work until that is fixed.  I assume this is something that would jeopardize his or her license?  

What is a contractor putting at stake when he/she does not get permits prior to performing work?   I suspect this was done also.

[Aaron McGinnis]

The first question is - what did your contract say the contractor was doing? Replacing the roof, or making the framing perfect?

Is there a civil duty? In Georgia, the answer is no... no civil or legal duty to point out flaws. Such a requirement could mean that a contractor that was out to fix your roof, and your house later burns down because of inadequate wiring, could be held accountable for the house burning down - even though he was not working on the wiring.

As for permits... this again depends on the city and state requirements. In Georgia, a roofer is not always required to pull permits... only in some municipalities that require, for example, a felt inspection.