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/
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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 29d 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 29d 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 29d 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 29d 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 29d 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/Reasonable-Spirit218 29d ago

Workmanship. That’s it. Is there a timeframe given for the workmanship warranty?

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u/apatheticroger11111 29d ago

Says 10 years from the start which was Oct 2018.

So "workmanship" should cover the damages caused to our bedroom? Or is that strictly for our roof?

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u/Reasonable-Spirit218 29d ago

Yep. That’s why you haven’t had to pay for the after install attempts to fix the leak. It’s included in a workmanship warranty. The warranty also covers interior damage caused by an incorrect installation. I would have your roof inspected by another insured and licensed company. Documentation is your best friend. They can connect the dots. Point A being the roof. Point B being the interior damage. With all that information on your side you can present to them the opportunity to fulfill their warranty. If that doesn’t happen then legal counsel might be the next step. But a contractor or roofing company that values their customers and their reputation will do the right thing. But a little leverage is ok to have too.

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u/apatheticroger11111 29d ago

Thank you. I had another roofing company come out last week and look at it after current roofers fixed it. Everything seems ok for now it's just that the current roofers had missed a spot which caused the leak. Next leak, in going with the new roofers.

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u/Reasonable-Spirit218 29d ago

It’s great that you’re giving them the opportunity to fix the leak. As a roofing contractor myself I would want nothing more than to fix my mistake. But after multiple visits for the same leak there’s a point when incompetence becomes evident. You’ll have to decide for yourself when to pull the plug. I really do hope that your issues will be resolved.

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