Disputing the details

Contractors should closely read the terms and conditions of invoices and other documents to understand their rights

It is well-understood roofing contrators' rights, remedies and obligations typically are driven by contracts. Construction contracts come in several forms: a roofing contractor might execute a subcontract provided by a general contractor; a building owner might have a maintenance agreement he or she uses for roof system repair work; or a roofing contractor might provide its own invoice with terms and conditions to a homeowner for residential work.

If a dispute arises during a project, it is appropriate to first determine what, if anything, the contract says about the issue(s) at hand. But what if a dispute involves what constitutes the contract itself? You should carefully review any invoices or documents received in connection with a construction project because these documents may contain terms and conditions that ultimately bind you and/or your company. A 2013 U.S. District Court decision from the Middle District of Florida, Kalzip, Inc. v. TL Hill Construction, LLC, 2003 WL 1909604, describes how these terms and conditions may prove to be unfavorable.

Background

The case concerns a roofing contractor, a roofing materials manufacturer, and a dispute involving the terms and conditions of their contract. Both parties acknowledge a contract existed, but the contractor and manufacturer disagreed about what the manufacturer's terms were under the contract.

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