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Old 10-08-2013, 05:30 PM   #1
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Bad Roof Job


We bought our house In March of 2012 and we bought it because it had a new roof on it. we live in MN so when we bought it everything was covered in snow including the roof. We recently had some hail damage this summer from a wicked storm and now the contractor and insurance adjuster say they are not going to give us money for the roof because it was a poor job to start with. All the nails are popping and they are pushing thru the shingles and creating leaks also they did not do a proper job around the chimney and there is no flashing installed at all. So now what can we do what should our options be this roof will be 3 yrs old next month is there anything we can do?

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Old 10-08-2013, 05:56 PM   #2
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Bad Roof Job


Not sure how anyone here would have a clue.
We have no pictures,
You chose not to include your location when you registered so no one will know what codes or laws would have applied in your area.
Did the original owner have and warranty from the roofer? Was the roof inspected by the building dept. ?

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Old 10-08-2013, 05:58 PM   #3
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Bad Roof Job


There is a guy on here from MN who knows all about roofing. I can't think of his username. Maybe he will see this and pop in.

ps. If nails are popping up all over the place. It might have needed new sheathing and they cheaped out. This would definitely rub the insurance guy the wrong way.

Last edited by 747; 10-08-2013 at 06:08 PM.
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Old 10-08-2013, 06:03 PM   #4
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Bad Roof Job


Sounds like the typical "slap a new roof on the house so we can sell it" routine. Your only recourse would be to contact the previous owners and find out who did the roof. You also need to find out who did the house inspection before the house was sold to you. Something like that should have been in the inspector's report. You may have legal recourse against the sellers, the roofing contractor, the house inspector, and/or the realty company. Other than that, what else can you do? You can pressure your insurance adjuster to give you some money on a claim but of course your rates will increase. Other than those options, I am at a loss on what you can do.
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Old 10-08-2013, 08:35 PM   #5
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Bad Roof Job


OK for starters we purchased the home because it was cheap and a good fixer upper with a new foundation in 97 and a new roof in oct 2010 Well in the Description of the home it says in bold letters BRAND NEW ROOF and I noticed that on the one peak that they were not cut straight so the edge looked like crap something you would only notice if you looked directly at it other than that we couldn't see the roof in Jan thru March when we looked at the house. There was a letter from the roofer that said he stripped all the shingles off except on the porch (I wasnt to concerned about that because it needs to be repaired anyhow) and that all of the roof was solid and that there is a bulge in the middle of the roof where an addition was put on at some point in time so the ridge line isn't perfectly straight. Im not a roofer so and i knew nothing about roofing so I called him and he said the one edge was crooked because it was snowing when they put on the shingles and its a steep roof so they were in a hurry to get off of there. Other than that he said the roof is in great shape and its good for years to come. Well those years have came and gone I guess I noticed our first leak already and its not quite 3 yrs old. I do have the information from the original owner and I have the name and number of the roofer that did the roof. We Live in Breckenridge MN and I will try and get some pictures on here but its been a busy day for me with the kids. So what should be my first step? Should I call the roofer and ask for money or a new roof or a licence number and what the permit number was and what not.. I Guess im just not sure where to start. Thanks for your help so far!
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Old 10-08-2013, 08:59 PM   #6
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Bad Roof Job


Do you have a copy of the contract?

Does it say anything about an installation warranty?

You have no choice but to call them otherwise you will have to pay another roofer to check it out and fix it.
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Old 10-08-2013, 09:04 PM   #7
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I do not have a Copy of the original contract signed between the seller and the roofer I just have what we were told was a the papers stating that it was only a year old and it was a solid roof I guess I could call the original owners and ask for a copy of the contract and if they dont have one than what do I do start calling the roofer him self and see what he will do?
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Old 10-08-2013, 09:05 PM   #8
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The roof will fall in before you ever got a dime from anybody. Just buy a new roof its part of the "fixer upper" experience. Home inspectors are a big joke. When I bought my home the front door wouldn't open. That part passed but the bathtub didn't have a drain cover. It cost me 150 dollars for a revisit to get that looked at again
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Old 10-08-2013, 09:26 PM   #9
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After re reading your op i think your going to get screwed on this.

You have a bad roof installation, calling that hack back to fix it is probably only going to result in a bandaid that will fail again. You most likely need a new roof based on the comment from the adjuster.

Pics would help but it will probably only confirm the fact you need a new roof.

You could call and pay for a roof inspection by another roofer, someone in your area that has the best reputation and is fully lic & bonded.

IMO you got scammed. "New roof" in bold letters and no roof inspection possible to confirm it ( snow covering it) and you did not receive a copy of the new roof contract and warranty indicates a scam. I always provide a copy of the contract, manufacturers warranty and installation warranty upon completion.
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Old 10-09-2013, 12:43 AM   #10
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Here in California, you get a 1 year warranty on the house....I would think most states are the same. If you got it in 2012....and had snow...then I'm thinking it has not been a year yet.

Also, most new home purchases require a disclosure statement where any issues have to be disclosed. If there were issues and you can prove they knew about them....they are on the hook.

Get out of jail card? You singed an "As Is" document.
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Old 10-09-2013, 09:49 AM   #11
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One step at a time...

First, dig out your home inspection report. The Home Inspector, if he could not visually inspect the shingles and flashing, would probably have put a disclaimer or blurb into his report stating "Could not visually inspect roof shingles and flashing due to snow covering roof, but saw no evidence of leaks on the inside." Really, a good one would have discussed possible problems and defects that he would be unable to see with snow on the roof so you would have fully understood the risks inherent to not having it visually inspected prior to sale. He should have done everything possible to make you understand this and then made sure to get the appropriate signatures to verify you'd had it explained to you. He should only have proceeded with the inspection if you told him you understood the risks and wanted to push forward regardless. Could it be that in your anxiousness to jump on the deal you willingly signed off on that? Not meant to be accusatory, just wondering.

Normally, their contracts cover them in such a way that if you have solid evidence that there was a defect they should have seen and they didn't, you can get the cost of inspection back. But it'll be real hard to get the cost of repair.

For the roofer: I would not even want him touching the house again if he didn't put up flashing. After he argues and drags his feet, he'd end up going back up there and doing another half-assed job. If it is even possible, I would want replacement/repair cost out of him, not any more labor. I honestly don't know if that's possible. What you would have to do is get a home inspector in to do a detailed report of the deflective installation practices that were used on the roof with the understanding that it was to be used for a lawsuit. There are inspectors who do reports for use in civil litigation with the understanding that they could eventually have to testify. Then you'd have to consult an attorney ($$$) to find out where you stand.

Whether you could go after the buyer depends on what the disclosure said. If all you got was "Brand new roof with no known defects" it would be a difficult case. You'd have to once again have a home inspector list the defects and then find a way to prove that the buyer knew about them and failed to disclose them. As you said, you're not a roofer, and knew nothing about roofing, so you weren't initually sure that you were seeing a defective installation. The seller can probably easily make the same case. So I think your chances are pretty small there.

As someone else said... the old roof was shot and the seller most likely made a conscious decision to get the cheapest, most bare bones roofing job done so they could list it with a brand new roof without having to invest too much more money in the house. An ethical roofer who takes pride in what he does would not in good conscience accepted such a job and put their name to that sort of work, so they would had to have shopped for one who was willing to do it anyway they wanted as long as he could make a few thousand bucks.

The only slim hope I see here for you is getting money out of the roofer and I honestly don't know how that would work out.

Last edited by eharri3; 10-09-2013 at 09:59 AM.
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Old 10-09-2013, 06:17 PM   #12
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Bad Roof Job


Ignore this -

-

Last edited by PatChap; 10-09-2013 at 06:20 PM. Reason: Misread
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Old 10-10-2013, 05:25 PM   #13
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Bad Roof Job


Id opt for a roofer over a home inspector, around here they are worthless.
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Old 10-12-2013, 07:59 PM   #14
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1. Call the original owner and ask them for a copy of everything that they have from the roofer that installed the roof. This includes a copy of the shingle manufacturers standard warranty. It also includes the proposal upon which the contract was let.

2. Hire an RCI Registered roof consultant to inspect and write a report on the roof that was installed on this house. The report should have photos of deficient conditions, overall conditions and a roof plan. He will refer to the manufacturers installation instructions and the report will tell you if the roof was installed in accordance with the roof manufacturers latest installation instructions. He will also be able to tell you what was not done in accordance with the state of the art. That is, what is, and what is not done according to accepted roofing practice in your area.

3. Give the roofer a chance to fix what he did not do properly with the RRC's guidance. You will either be pleasantly surprised, or at least you will have the ammunition to sue the roofer, and possibly the previous owner.

Now, before the roofer says that the deck was bad, and it's not his fault, it is his responsibility to inspect the deck and to accept it, or reject it and let the owner know if it is shot. Any roofer with half a brain will have a unit price for deck replacement in his bid, as he simply does not know until he takes the existing roof off what he is getting into.

If the roofer says that he told the previous owner that the deck was shot, but the owner told him to go ahead anyway. you have recourse against the owner and the roofer. A good, prudent roofer will refuse to proceed on a bad deck, that is why the unit price is such an important part of a roofing agreement.

A new roof is not cheap, and I would not simply take it on the chin. More than likely, the roofer will not want to go to court, and he will fix your roof.

Keep us posted.

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