What is the name of your state? Wisconsin
A roofing contractor recently completed tearing off and reshingling my house. On day 1 of the job, he removed the old shingles and nailed felt paper over the roof. It rained the following day and the roof leaked in 3 spots. Two leaks in the kitched did no significant damage but a leak into the living room damaged the hardwood floor. The following day, the contractor completed the job.
I hold the contractor liable for water that entered the roof while he was working on it and intend to pay his invoice minus the cost required to refinish the floor. The contractor claims that water entered the roof through a hole that existed before he started the job. On the first day of the job, he uncovered the hole by removing shingles. He claims it was not his responsiblity to cover this hole while it rained because it was a preexisting condition and rain had entered that hole before. He feels that his responsiblity for leaks through this hole did not begin until he completed the job. I believe he was negligent in leaving this hole exposed during rain. Water in this hole had previously damaged the soffit but never leaked into the living room prior to this occasion.
Am I correct in assuming he is responsible for protecting the house once he uncovers the roof, including covering preexisting holes? Is the roofer correct that he is not liable for leaks that occur through existing holes until he has completed the job? Or does the answer lie somewhere in between our positions?
Thanks for your help!
A roofing contractor recently completed tearing off and reshingling my house. On day 1 of the job, he removed the old shingles and nailed felt paper over the roof. It rained the following day and the roof leaked in 3 spots. Two leaks in the kitched did no significant damage but a leak into the living room damaged the hardwood floor. The following day, the contractor completed the job.
I hold the contractor liable for water that entered the roof while he was working on it and intend to pay his invoice minus the cost required to refinish the floor. The contractor claims that water entered the roof through a hole that existed before he started the job. On the first day of the job, he uncovered the hole by removing shingles. He claims it was not his responsiblity to cover this hole while it rained because it was a preexisting condition and rain had entered that hole before. He feels that his responsiblity for leaks through this hole did not begin until he completed the job. I believe he was negligent in leaving this hole exposed during rain. Water in this hole had previously damaged the soffit but never leaked into the living room prior to this occasion.
Am I correct in assuming he is responsible for protecting the house once he uncovers the roof, including covering preexisting holes? Is the roofer correct that he is not liable for leaks that occur through existing holes until he has completed the job? Or does the answer lie somewhere in between our positions?
Thanks for your help!