Contractor threw away my gutters

[trust_is_earned]

Hello,
I had a roofer install a roof 2 months ago and it was done so poorly that they had to come back and install it again a month later. Even after the second installation it will not pass the warranty inspection of the shingle manufacturer. When they installed the roof two months ago they took my gutter off and threw them away. I have not had gutters on my house for almost two months. Can I sue them for damage to the house caused by rainfall during that period? My concerns are erosion to the yard and excessive water near the foundation. We already have a previous small leak in the basement and I am sure this is making it worse. I live in Pennsylvania.
Thanks

 

[Zigner]

Hello,
I had a roofer install a roof 2 months ago and it was done so poorly that they had to come back and install it again a month later. Even after the second installation it will not pass the warranty inspection of the shingle manufacturer. When they installed the roof two months ago they took my gutter off and threw them away. I have not had gutters on my house for almost two months. Can I sue them for damage to the house caused by rainfall during that period? My concerns are erosion to the yard and excessive water near the foundation. We already have a previous small leak in the basement and I am sure this is making it worse. I live in Pennsylvania.
Thanks

You can sue them for replacement of the gutters, but, you are required to mitigate your damages.

 

[trust_is_earned]

Ok, thanks. I guess my real question is does it seem strange they took the gutters off and would that be grounds to go through mitigation to recover damages? Is it a good case?

 

[Zigner]

Ok, thanks. I guess my real question is does it seem strange they took the gutters off and would that be grounds to go through mitigation to recover damages? Is it a good case?

I don't know if it's strange that they took your gutters off, and I don't know their reasons for not replacing them. I really couldn't say whether or not you have a good case. I mean, what if the gutters were all rotted out and falling apart?

 

[trust_is_earned]

The gutters were fine. The first crew that installed our roof and took the gutters were fired because they were stealing from the company. When the president of the company came back for the second installation, I asked him about the crew. He said they were lazy and must of not cared at all about properly installing our roof. My guess is that it is easier to install a roof without gutters. They had to replace the sheathing before putting on new shingles.

 

[STEPHAN]

Can I sue them for damage to the house caused by rainfall during that period?

What was the actual damage?

 

[trust_is_earned]

My front porch is painted and the paint is bubbled and coming off from the water. In the basement, which was painted last year, the paint is starting to peel off.

 

[Zigner]

My front porch is painted and the paint is bubbled and coming off from the water. In the basement, which was painted last year, the paint is starting to peel off.

And why didn't you take steps to mitigate this?

 

[TigerD]

My front porch is painted and the paint is bubbled and coming off from the water. In the basement, which was painted last year, the paint is starting to peel off.

You have bigger issues than just the gutter. Properly installed and maintained gutters will reduce the impact of heavy rain, but ground water is not your friend. You might want to have your foundation looked at.


TS

 

[trust_is_earned]

Will a judge try to put it back on me that I didn't try to have gutters installed since the roof installations? The roofing company took them without asking and then installed the roof a second time and it still will not pass a manufacture's inspection. We are suing them for replacement of the entire roof too. All of my time has been taken up putting together documents and having other roofers inspect their work. I didn't want to put gutters on until my roof was done correctly. Also, the crew that took off our gutters was fired by the contractor because they did such poor work the first time.