lmintun said:
I had a new roof installed at the end of 1994 (Southern California). It has leaked in every heavy rainstorm since. Living room torn up to dry out at least 4 times. Contractor 'fixes' problem every time. Next rain storm, it leaks again. Out of patience. What do I need to sue this company? It costs me $500.00 for my insurance deductible everytime. Do you think the homeowner's insurance would supply legal help or assistance? (Might get them back some of their money.)
The most recent repair was at the end of the rainy season last year (2000). Total repair costs each time run about $2000.00 for the cleanup and repainting.
Time to call a lawyer? Represent myself? I don't know!
My response:
Quite frankly, with so many claims, I'm very surprised that your insurance company hasn't sent you a Notice of Non-Renewal - - and they may yet, still.
So far, it appears that you're out $2,500.00 during the past 4, and the current, rain season. Your homeowner's insurance will not provide you with legal assistance in this matter to exercise your rights by suing the contractor - - they would only supply you with a defense attorney if you were being sued. So, since you're the one doing the suing, you either need to hire your own attorney, or utilize Small Claims court.
Which brings me to my next point. The maximum threshold for Small Claims court in California (the jurisdictional limit) has now been increased from $5,000.00 to $7,000.00.
Actions for property damage against a contractor or subcontractor are subject to a 10-year statute of limitations (Ca Civ Pro § 337.15).
With your documentation from the past, and with an "expert witness" in the roofing business to testify for you at the trial, I don't see how you could lose to obtain what you're currently out-of-pocket, and money for a repair to forestall future damage - - easily amounting to the full $7,000.00.
Make sure you have photos of the damages, your past paperwork, and a current estimate for repairs. Then, file your case.
If you tell me what town you're in, I can tell you in which courthouse you need to file.
IAAL
