How long can I sue roofer? NYS

[AlmostThere]

My roof was replaced 7 years ago and failed in a spectacular way over the past few weeks. Materials used were not up to code, and work was done incorrectly. I am in the middle of a complete tear-off including dealing with rafters that are now rotting.

Insurance will not cover this, nor interior water damage.

Is it too late to sue the roofing company used 7 years ago?

Thank you for any advice you can provide.

 

[quincy]

Was there a warranty?

 

[Zigner]

http://www.nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml

 

[quincy]

http://www.nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml

That is a great link!

 

[Just Blue]

My roof was replaced 7 years ago and failed in a spectacular way over the past few weeks. Materials used were not up to code, and work was done incorrectly. I am in the middle of a complete tear-off including dealing with rafters that are now rotting.

Insurance will not cover this, nor interior water damage.

Is it too late to sue the roofing company used 7 years ago?

Thank you for any advice you can provide.

Was the roofing company licensed and bonded?

 

[Just Blue]

That is a great link!

Yeah...it really is.

 

[adjusterjack]

My roof was replaced 7 years ago and failed in a spectacular way

Exactly how did it fail?

Materials used were not up to code,

How so?

work was done incorrectly.

How so?

Insurance will not cover this, nor interior water damage.

What kind of interior damage.

Homeowners insurance typically does cover interior structural damage from roof leaks which is why I'm asking all the questions.

Is it too late to sue the roofing company used 7 years ago?

There might be an extended statute of limitations under construction defects law which is a very complex area. I suggest you google construction defects attorney and go have yourself a consultation.

 

[quincy]

Exactly how did it fail?



How so?



How so?



What kind of interior damage.

Homeowners insurance typically does cover interior structural damage from roof leaks which is why I'm asking all the questions.



There might be an extended statute of limitations under construction defects law which is a very complex area. I suggest you google construction defects attorney and go have yourself a consultation.

The warranty date needs to be known for material or construction defects.

 

[AlmostThere]

Exactly how did it fail?



How so?



How so?



What kind of interior damage.

Homeowners insurance typically does cover interior structural damage from roof leaks which is why I'm asking all the questions.



There might be an extended statute of limitations under construction defects law which is a very complex area. I suggest you google construction defects attorney and go have yourself a consultation.

It started with leaks in two areas. An inspection found, popping boards, popping nails, holes in the decking, some repaired by attaching pieces of metal over the holes, some with no repair attempt at all, just shingles over the holes, etc. Improperly installed flashing resulted in water going between the siding and the house. The wrong size vent boots were installed, allowing water to seep in. Inspection during an attempt to repair, found the decking to be a combination of 1/4 " ply and 1/4 " OSX where 1/2" ply was required. I was charged for 10 pieces of 1/2 inch ply.

Leaks quickly spread and the repair attempt became a tear-off. Only 3 boards were found to be replaced - with 1/4 " OSX. Water collected between popping decking and rafters, resulting in rotting rafters, on 5 of the 20. The rotted areas were removed, and rafters were sistered.

I contacted the roofer 8 months after work was completed about popping boards. I have an answer in writing, that if his team did not replace or nail down an existing board, it was not covered by his workmanship warranty. He did come back and nailed down a couple of boards. I did write to him again in 2014, but with no response.

 

[Zigner]

It started with leaks in two areas. An inspection found, popping boards, popping nails, holes in the decking, some repaired by attaching pieces of metal over the holes, some with no repair attempt at all, just shingles over the holes, etc. Improperly installed flashing resulted in water going between the siding and the house. The wrong size vent boots were installed, allowing water to seep in. Inspection during an attempt to repair, found the decking to be a combination of 1/4 " ply and 1/4 " OSX where 1/2" ply was required. I was charged for 10 pieces of 1/2 inch ply.

Leaks quickly spread and the repair attempt became a tear-off. Only 3 boards were found to be replaced - with 1/4 " OSX. Water collected between popping decking and rafters, resulting in rotting rafters, on 5 of the 20. The rotted areas were removed, and rafters were sistered.

I contacted the roofer 8 months after work was completed about popping boards. I have an answer in writing, that if his team did not replace or nail down an existing board, it was not covered by his workmanship warranty. He did come back and nailed down a couple of boards. I did write to him again in 2014, but with no response.

That's unfortunate - your knowledge of the problems back then may affect the start of the clock on the statute of limitations.

 

[quincy]

It started with leaks in two areas. An inspection found, popping boards, popping nails, holes in the decking, some repaired by attaching pieces of metal over the holes, some with no repair attempt at all, just shingles over the holes, etc. Improperly installed flashing resulted in water going between the siding and the house. The wrong size vent boots were installed, allowing water to seep in. Inspection during an attempt to repair, found the decking to be a combination of 1/4 " ply and 1/4 " OSX where 1/2" ply was required. I was charged for 10 pieces of 1/2 inch ply.

Leaks quickly spread and the repair attempt became a tear-off. Only 3 boards were found to be replaced - with 1/4 " OSX. Water collected between popping decking and rafters, resulting in rotting rafters, on 5 of the 20. The rotted areas were removed, and rafters were sistered.

I contacted the roofer 8 months after work was completed about popping boards. I have an answer in writing, that if his team did not replace or nail down an existing board, it was not covered by his workmanship warranty. He did come back and nailed down a couple of boards. I did write to him again in 2014, but with no response.

Did you have an inspection of the roof 7 years ago prior to paying?

It appears that you waited too long to take action against the roofer. You probably would have had legal recourse when you noticed problems 8 months after the roofing job, and you could have had legal recourse in 2014.

 

[AlmostThere]

Was the roofing company licensed and bonded?

Yes, licensed, and bonded.

 

[AlmostThere]

Did you have an inspection of the roof 7 years ago prior to paying?

It appears that you waited too long to take action against the roofer. You probably would have had legal recourse when you noticed problems 8 months after the roofing job, and you could have had legal recourse in 2014.

To be honest, it never occurred to me to have the work inspected before the final payment ( Paid 50% down 50% at completion.) How much of this could be seen without pulling it apart again?

 

[quincy]

To be honest, it never occurred to me to have the work inspected before the final payment ( Paid 50% down 50% at completion.) How much of this could be seen without pulling it apart again?

The last time we had a roof replaced, we had someone on site the whole time, inspecting as the job progressed. And we had a final inspection before paying. But it was only a two day job and we had the luxury of having someone available for those two days.

 

[AlmostThere]

The last time we had a roof replaced, we had someone on site the whole time, inspecting as the job progressed. And we had a final inspection before paying. But it was only a two day job and we had the luxury of having someone available for those two days.

While that is excellent advice, having another professional onsite would be very costly, and it might be hard to find a roofer willing to be observed.