How long can I sue roofer? NYS

[adjusterjack]

The workmanship issue explains why insurance doesn't cover anything.

 

[AlmostThere]

The warranty date needs to be known for material or construction defects.

The Roofing Contract has a 10 Year Workmanship Warranty.
Limited Warranty:
[company] warrants that for a period of (# years) 10 year Workmanship Warranty (See attached warranty information if applicable*) following final acceptance of the work by Owner the work performed by [company] shall be free from any material damage or defect caused by any defective, negligent or improper work by [company] . [Company] shall repair or replace at [Company] expense, defect or problem resulting in work performed by [company] that is discovered during the warranty period of [company].

From a letter from the roofer when contacted about popping boards in less than a year after the roof was installed:
"if the issue was clearly a workmanship issue, we would not be having this problem but because prior to me doing the roof you had Plywood Sheets miss nailed and popping up and that we only replaced 10 sheets of plywood on your job I do not feel that if it is not a sheet that I replaced or renailed that we are responsible. This is the explanation of the of my workmanship warranty it only covers what we have installed or repaired and nothing else."

* There was no additional warranty information provided.

 

[quincy]

While that is excellent advice, having another professional onsite would be very costly, and it might be hard to find a roofer willing to be observed.

Whether to be observed or not has never been a choice given our workmen.

Do you have a copy of the warranty? Is it a manufacturer's warranty (e.g., for shingles) or a company warranty?

Your roofer is claiming that it is not his work that is the source of your roof problems?

 

[AlmostThere]

Whether to be observed or not has never been a choice given our workmen.

Do you have a copy of the warranty? Is it a manufacturer's warranty (e.g., for shingles) or a company warranty?

Your roofer is claiming that it is not his work that is the source of your roof problems?

The warranty is as follows:


The Roofing Contract has a 10 Year Workmanship Warranty.
Limited Warranty:
[company] warrants that for a period of (# years) 10 year Workmanship Warranty (See attached warranty information if applicable*) following final acceptance of the work by Owner the work performed by [company] shall be free from any material damage or defect caused by any defective, negligent or improper work by [company] . [Company] shall repair or replace at [Company] expense, defect or problem resulting in work performed by [company] that is discovered during the warranty period of [company].

* There was no additional warranty information provided.

To this layperson, the roofer said we made a judgment call to neither nail down nor replace most of your decking. The decking we did not repair or replace is popping, therefore, the warranty does not cover it.

As the decking was all 1/4 inch plywood and not up to code, it seems that line 2 of his description of work - "Replace any bad plywood @ an additional $50.00 per sheet" and line 1 of materials to be used says "1/2 inch CDX Plywood." would indicate that he should have removed ALL the plywood not up to code and replaced it with 1/2 inch plywood, at my cost.

 

[quincy]

The warranty is as follows:


The Roofing Contract has a 10 Year Workmanship Warranty.
Limited Warranty:
[company] warrants that for a period of (# years) 10 year Workmanship Warranty (See attached warranty information if applicable*) following final acceptance of the work by Owner the work performed by [company] shall be free from any material damage or defect caused by any defective, negligent or improper work by [company] . [Company] shall repair or replace at [Company] expense, defect or problem resulting in work performed by [company] that is discovered during the warranty period of [company].

* There was no additional warranty information provided.

To this layperson, the roofer said we made a judgment call to neither nail down nor replace most of your decking. The decking we did not repair or replace is popping, therefore, the warranty does not cover it.

As the decking was all 1/4 inch plywood and not up to code, it seems that line 2 of his description of work - "Replace any bad plywood @ an additional $50.00 per sheet" and line 1 of materials to be used says "1/2 inch CDX Plywood." would indicate that he should have removed ALL the plywood not up to code and replaced it with 1/2 inch plywood, at my cost.

I am afraid you are going to run into a statute of limitations problem, especially since you noticed the roof problems in the first year and did not take action at that time.

I suggest you seek out a construction law attorney in your area to discuss the shoddy work done by your roofer in 2012 and to see if a claim against the roofer is still possible to pursue.

Good luck.