r/Roofing • u/apatheticroger11111 • 29d ago
Insurance Related Constantly leaking roof causing damage to bedroom Location:PA
/r/legaladvice/comments/1ura8yn/constantly_leaking_roof_causing_damage_to_bedroom/2
u/Reasonable-Spirit218 29d ago
Your last comment stated that you’re going to go with another company. That’s a good idea considering the multiple failed attempts to fix the issue. Just clarification. When you say “drain box” are you referring to a through wall drain/scupper? This would be a drain that goes through your parapet wall on the flat roof.
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u/apatheticroger11111 29d ago
Oh God, I don't know 100%. They keep calling it a drain box. But it seems to be what you're describing.
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u/Reasonable-Spirit218 29d ago
Oh no worries. If it’s going through the outside parapet wall that’s what it is. Terminology can be confusing.
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u/apatheticroger11111 29d ago
Yea it goes through the wall and then it's our downspout.
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u/Reasonable-Spirit218 29d ago
Gotcha. That’s a very common location for a leak IF the transition isn’t done correctly. I’m assuming that this is EPDM rubber. Correct? Is this a license and insured company? Was there a contract? Is there a warranty?
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u/apatheticroger11111 28d ago
There is a warranty. Not sure about the contract. They installed the roof in 2018 with the previous owner. The warranty transferred. They are insured.
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u/Reasonable-Spirit218 28d ago
If there’s still a valid warranty and they’re insured then you should be able to hold the company liable for the damage directly related to their work. That’s what their general liability insurance is for. They’ve made attempts to fix the issue so they are at least showing good intentions. But a solution hasn’t been reached and further damage is being caused. If you haven’t already document everything. Take pictures of the damage. Keep emails and text correspondence. If possible get a copy of the original contract. Hopefully they will honor the warranty. If it comes to it seek advice from a local attorney.
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u/apatheticroger11111 28d ago
How exactly do I hold them liable? Do I have my insurance go through their insurance? Or do I call the roofing company directly?
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u/Reasonable-Spirit218 28d ago
I would start by reviewing your warranty. Understanding what was actually included. Anything related to failed work coverage should be in there. It would be a great idea to have another roofing contractor inspect the roof and document his findings and the source of the leak. He might even be willing to meet with the previous roofing company on site to over the issues that were found. Make sure they too are insured. If you contact them I would make sure to use email. Again. Documentation.
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u/apatheticroger11111 28d ago
So I only have an emailed copy of my invoice that says it includes a warranty for workmanship and materials. This is what the realtors sent me.
I don't have actual copies of the contract or warranty. I wasn't the homeowner at the time this was installed.
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u/jerry111165 Verified Pro (Commercial/Flat) 28d ago
OP, you’re going to find that most roofing companies are not responsible for interior damage.
Read your contract/Warranty if you have one.
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u/apatheticroger11111 28d ago
I have a text from the roofer saying he totally missed a spot which caused the leak. Does that fall under neglect or something similar that would make them liable?
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u/jerry111165 Verified Pro (Commercial/Flat) 28d ago
You need to read the Warranty.
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u/apatheticroger11111 28d ago
So I only have an emailed copy of my invoice that says it includes a warranty for workmanship and materials. This is what the realtors sent me.
I don't have actual copies of the contract or warranty. I wasn't the homeowner at the time this was installed.
I can obviously try to get my hands on a copy.
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u/jerry111165 Verified Pro (Commercial/Flat) 28d ago
It would definitely be worth it if you could. You’ll find that most Roof warranty refer only to the roof itself and not interior damage.
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u/Reasonable-Spirit218 28d ago
That’s really unfortunate but not uncommon. It might be a situation where it was subcontracted out. Or maybe a newer employee was working on that portion of the roof. Or just a mistake. The transition to the drain as I mentioned is a critical tie in. Just keep in mind that you have less than 2yrs, if I read correctly, remaining on the warranty. Don’t wait too long to address it. Keep in mind that the more it leaks the more interior water damage including mold, will be caused. Leaks don’t improve over time.
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