Roof under warranty, roofer won't return calls for repairs, now major damage exists

[Bruce Davis IX]

What is the name of your state (only U.S. law)? New Jersey

Please assist me with an ongoing problem. My aunt had a roof replaced in 2002. The roofing material used is about 90% 3-tab shingles (pretty standard) and about 15% flat roof membrane. Since this roof job was done, there have been several leaks. Only once, the first leak, did the company which is still very much in business come out to make a repair. This repair involved replacing flashing that was specified in the contract, but which the contractor did not replace because they felt at the time it was good enough. Since then, there have been several minor leaks, and plaster has been gradually coming off the walls and ceilings below the unfinished attic. During the recent storm, my aunt noticed there are pieces of roofing material throughout her yard. She went into the attic and discovered about twenty plus leaks. The unfinished attic rafters exhibit signs of water damage and the unfinished attic floor is soggy. There is a damp odor throughout the house. More plaster is coming down in the rooms below. Now she can see daylight through the roof. She called the roofing contractor yesterday, and the company still does not return calls. A recent call to consumer affairs found no complaints against the company. The ten year warranty is still in effect.

My aunt needs to have the roof either repaired or entirely replaced, as well as ALL the damage inside repaired. She would prefer this company not perform any additional work, as their workmanship is obviously very shoddy and their conduct is unprofessional. My question is: What recourse, legal or otherwise, does my aunt have in a situation like this? She does not have tens of thousands of dollars to spend on litigation, but she NEEDS to have all of this damage repaired once and for all. Please advise me with any suggestions you have, and I'll gladly add more details if it would be helpful. Thank you.

 

[BL]

What is the name of your state (only U.S. law)? New Jersey

Please assist me with an ongoing problem. My aunt had a roof replaced in 2002. The roofing material used is about 90% 3-tab shingles (pretty standard) and about 15% flat roof membrane. Since this roof job was done, there have been several leaks. Only once, the first leak, did the company which is still very much in business come out to make a repair. This repair involved replacing flashing that was specified in the contract, but which the contractor did not replace because they felt at the time it was good enough. Since then, there have been several minor leaks, and plaster has been gradually coming off the walls and ceilings below the unfinished attic. During the recent storm, my aunt noticed there are pieces of roofing material throughout her yard. She went into the attic and discovered about twenty plus leaks. The unfinished attic rafters exhibit signs of water damage and the unfinished attic floor is soggy. There is a damp odor throughout the house. More plaster is coming down in the rooms below. Now she can see daylight through the roof. She called the roofing contractor yesterday, and the company still does not return calls. A recent call to consumer affairs found no complaints against the company. The ten year warranty is still in effect.

My aunt needs to have the roof either repaired or entirely replaced, as well as ALL the damage inside repaired. She would prefer this company not perform any additional work, as their workmanship is obviously very shoddy and their conduct is unprofessional. My question is: What recourse, legal or otherwise, does my aunt have in a situation like this? She does not have tens of thousands of dollars to spend on litigation, but she NEEDS to have all of this damage repaired once and for all. Please advise me with any suggestions you have, and I'll gladly add more details if it would be helpful. Thank you.

First off she needs to start writing her request in a letter attaching a copy of the contracts warranty .Sent RRR Certified mail through the postal service .If the Co. doesn't pick up and sign for the certified letter and it's returned to her ,she should NOT open it ,but keep it for further legal options .

If the Co. does pick it up she will get a receipt that it was.She should state in her letter she expects a reply to her request within 10 business days of receipt of the letter .

Next she should contact the BBB to see if they have them listed and to what standing .

If she gets nowhere she can file a formal complaint with the Office Of Attorney General for her area .

If that gets no result's perhaps the news medial there has a consumer action team willing to investigate the Co. and her issues .

She must give them a chance to repair/replace upon written demand first .

If all else fails she should contact Legal Aid and see if they can assist.

 

[Bruce Davis IX]

Hi BL!
Thank you for replying and for your suggestions. My aunt and I both appreciate it, and are seriously considering all of them. However, please correct me if I misunderstood anything you said, but there are two additional problems.

First, the damage is not limited to the roof shingles coming off the house, the roof sheathing, or even the leaks. The damage now includes the unfinished attic floor, insulation under the floor (likely), and ceiling and wall plaster in rooms on the floor below. ALL of this will have to be repaired. Even if the company were to contact her, and agree to fix the roof, there is much additional damage because of recent rain and snow storms and their failure to respond to previous calls about smaller leaks she made a couple of years ago.

Second, she is VERY dissatisfied in the quality of workmanship and their business conduct. It is highly unlikely she wants them to do any additional work for all the reasons I just stated, but mostly because it is obvious their work is shoddy at best, and would likely hold up the same way as the original job did.

Another question I have is: She did file a claim with her homeowners insurance on the advice of a close family member. If they cover this damage, would they pay out the costs to repair this damage, and then use subrogation to recoup the costs from the company and/or their liability insurer?

Thank you again for trying to help me with this issue.

 

[BL]

Hi BL!
Thank you for replying and for your suggestions. My aunt and I both appreciate it, and are seriously considering all of them. However, please correct me if I misunderstood anything you said, but there are two additional problems.

First, the damage is not limited to the roof shingles coming off the house, the roof sheathing, or even the leaks. The damage now includes the unfinished attic floor, insulation under the floor (likely), and ceiling and wall plaster in rooms on the floor below. ALL of this will have to be repaired. Even if the company were to contact her, and agree to fix the roof, there is much additional damage because of recent rain and snow storms and their failure to respond to previous calls about smaller leaks she made a couple of years ago.

Second, she is VERY dissatisfied in the quality of workmanship and their business conduct. It is highly unlikely she wants them to do any additional work for all the reasons I just stated, but mostly because it is obvious their work is shoddy at best, and would likely hold up the same way as the original job did.

Another question I have is: She did file a claim with her homeowners insurance on the advice of a close family member. If they cover this damage, would they pay out the costs to repair this damage, and then use subrogation to recoup the costs from the company and/or their liability insurer?

Thank you again for trying to help me with this issue.

See where it goes with the home owner's Ins. Co. first .

They should work on her behalf .

 

[jgombos]

One thing to be aware of -- roofing warranties often exclude interior damage. It's a nasty clause that roofing companies sneak in to lower their liability. You should read your warranty to see if that exclusion is there.

I wonder if the lack of response from the roofers would make them accountable for the interior even if the exclusion is there, considering the damage is amplified by their slowness.

I agree w/ BL... get the homeowners insurer involved. They have lawyers on retainer, and it's in their interest to pursue the roofers as well.