Hi,
We had our roof re-shingled; got 3 bids, picked one; the contractor had the shingles delivered and completed the work. We paid the contractor in full for both the materials and the labor (have contract, invoice and cancelled check).

We recently were served with a summons and complaint (along with 2 other home owners, the roofing contractor who skipped town, and the contractor's bonding company at the time -license bond.. not work or performance); by the roofing shingle supply company (plaintiff)for the cost of the shingles and 10% interest from march 2009. A mechanic's lien was also placed on our property (was an attached exhibit to the complaint). We hired a lawyer who filed an answer for us, but states he is not representing us and has been of very little other help (pd. Him $1400.00 for the answer).

The petitioner's lawyer is now encouraging us to file a claim with the bonding company. We don't see how we would have a claim with the bonding company at this point in time, as our roof was completed satisfactorily. And if we do file a claim with the bonding company, are we setting ourselves up for some type of acknowledgement of the plaintiff's claim? What is the reason for us filing a claim with the bonding company when the plaintiff is already suing the bonding company for the majority of the bond amount?

I guess I should mention this is taking place with all parties involved residing in California.
Help! And thanks

Help someone... please

If you don't get the money from someone, you will have to repay them, this is very legal for them to put a lien on your property.

This is why you get wavers filed, copies of isurance and workers comp and more before you ever sign s contract.

So you need an attorney at this point if you don't want to pay for the material twice

If "we" don't get money from someone or if "they" don't get money from someone we'll have to pay them?

I understand it's legal for them to put a mechanics lien on the property, however, we would have had to get a waiver from the shingle supplier, not the contractor in order to have been protected. Since we did not pay the supplier directly, it's highly unlikely he would have given us a waiver.

Furthermore, the shingle supplier gave this contractor an open credit account and let him run up his bill to $10,900.00+. The three homeowner's are being sued for the cost of their shingles; which is equivalent to approx. $8,000.00; which means the contractor already owed the supplier $2,900.00+ when he was granted the additional credit. Seems to me the supplier should bear some responsibility for letting the contractor get in so deep.

As for the bond? Do we put a claim in for part of it or not? What is the reason we would make a claim to the bond company? The bond amount totals $12,500.00; of which the plaintiff is entitled to recover from the bond company the sum of $7,500.00.

We already paid an attorney $1400.00 for an answer to the complaint. What else is an attorney going to do for us?