Quote:
Originally Posted by FaytalsCamaro
It is actually the entire strip that is having the roof changed so no we werent required to pay for any of the roofing that was actually being done. It was through the complications that surfaced because of the roofers neglect that we were having the said problems. All the stores in the strip actually had water damage. In fact the gas station next door had laptops that were ruined.
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If that's the case, the LL definitely has some responsibility in this mess since it is their roofer. Make sure they have been put on notice that this is going on. Most commercial leases have a quiet enjoyment clause, which as I am sure you know does not just apply to noise. If your business is being disrupted by a contractor hired by the LL, they are technically in default of their lease with you. Depending on the penalty clauses your lease defines, you may have the right to withhold rent until the you have been compensated for the damages.
Please note that I am not an attorney, nor do I know the specifics of your particular lease agreement, but I had responsibility for over 350 stores just in my territory and dealt with issues like these on a regular basis. It never ceased to amaze me what LL's would try to pull with tenants on these types of issues, and if they went as far to hire a third rate contractor such as this I wouldn't put it past them to try to weasel out of their responsibility for your damage.
I wish you good luck getting this resolved quickly. Feel free to PM me if you have any questions that I could assist with.