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Question DetailsAsked on 9/9/2014

if a new roof develops a leak is the roofer liable for interior damage

a new roof system was installed October 2013 . A water leak developed that will require replacing insulation,ceiling and wall board replacement,wallpaper and carpet cleaning.My question is :Should the roofer or his insurance be responsible for the cost of these repairs?The roofer is recommended by you

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Generally - and depends on contract - if there was a leak due to defective workmanship or omission (forgot some flashing say), then consequental damages would be covered by him and his insurance unless otherwise prohibited. What the reasonable time for such damages to be traced to him would be at question - might be up to 3 years in strict liability states, 1 year or 1-6 months in others, but not more than any express warranty he gave.


Whether his liability was limited in the contract matters too - many contractor contracts will limit his potential liability for damages to a certain time frame, and to not more than the amount of his contract, or only to repairs of the defective area and NOT any consequential damages.



So - you need to research what the contract and any warranty says and how your timeframe falls relative to that; then find out what the installed product default warranty (if any) is in your state, and if your contractual warranty or mandated state warranty period controls. Before you are done with this, may well need an attorney unless the contractor agrees up-front (probably after his filing a claim with his insurance company) to pay forthe repairs - assuming he agrees it was due to his fault, which would be a large hurdle too. Likely you will have to get an independent inspection under your attorney's or your insurance company's direction (attorney can advise whether to get them involved or not) to validate the damage claim.


You also have a nasty insurance issue I alluded to above - if you involve YOUR insurance company early on then they should cover you (ex-deductible) if he or his insurance does not. However, even if he does end up paying the damages, it then ends up as a claim on your policy, probsbly leading to higher rates even if they donot paqy out a dime ! But avoid telling them, and any expenses he or his insurance company does not cover may then be refused by YOUR company because you did not invole them as soon as a claimable action occurred. hence, need for attorney with contract and insurance claim expertise.

Answered 5 years ago by LCD




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