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Roof leak ceiling repair crumbling now

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todd48069

Junior Member
What is the name of your state (only U.S. law)? - Michigan
Sequence of events...
New roof installed in late 2003.
April 2005, multiple leaks appear in front and back of home. Roofing company comes out and repaires the cause of the leaks. Leaks caused water damage to front living room ceiling - 9' - made of wetplaster & textured along with the back family room ceiling - 7' - regular drywall.

Roofing company sends out their painting subcontractor to replace drywall and repair the wet plaster and paint ceilings late 2005.

Its now June 2009 and the wet-plaster work has separated from the ceiling and basically fallen away from the lath and leaving 2 large holes in the ceiling. Think cafe tray size - two of them (where the roof leaks originally pooled). I had an independent repair team come out to tell me how much it would cost to fix the initial ceiling repair and repaint the ceiling (24'x30').

They stated it was done wrong to start with, hence the reason the patch to the wet plaster has pulled away from the ceiling and crumbled. I contacted the roofing company and requested that they address and correct the ceiling issue. They told me that their liability for the repair work was completed once their subcontractor completed the initial repair and if I have new problems, that I have to work it out with their subcontractor. That seems wrong to me. I believe that the roofing company should still be on the hook for the bad initial repair. - what do you think / know / have legal advise for?

Roofing co. also said ceiling repairs are not covered by a warranty. I fear I will have to go to small claims court. The roof has a 30 year warranty.

Is it true, as the roofing company said that their liability for the ceiling repairs had ended and I, as the end consumer now have to work it out with their subcontractor? (who did not repair the wet plaster correctly (per the contractors I brought in to give me an estimate of what it will take to fix the original problem $900).

If I have to go to small claims court - what should I prepare for and present?
 


JETX

Senior Member
The Statute of Limitations in Michigan for a 'construction defect' is six years. Based on that, you are either very close to its expiration... or it has already expired.
I suggest you contact a local attorney who can review your documents and 'calendar'.... to see if you have a right to pursue a claim.
 

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