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-   -   Found Roof Rot due to installation errors after labor warranty expired (http://www.diychatroom.com/f9/found-roof-rot-due-installation-errors-after-labor-warranty-expired-47291/)

OneTripper 06-23-2009 10:50 AM

Found Roof Rot due to installation errors after labor warranty expired
 
Hello.... Today I just discovered some roof rot due to sub-standard installation of some Sheriff-Goslin T-lock shingles. The company says that had I found this inside of 10 years the materials and labor would have been free, but now I have no recourse except to foot the bill for repairs myself. I'll get to the specific installation errors in a second.

I write for two reasons:

(1) does anyone know anything about "after discovered defects", where a person had no reason to know of negligence until a problem shows up after a warranty expires?

(2) any roofers have advice how best to repair the problem, short of reroofing the whole place?


OK.... first, I'll describe the place and the problem. The job was a roof-over and is about 14 years old. The back of the house has an attached unfinished shed. The roof sheathing is 1x pine. There is a measly 2" soffit. So.... along the eave, the lowest of these pine boards is partially above the wall framing and partially cantilevers out a short way. Or at least it used to do that. The part that cantilevers out is pretty much gone.

http://www.diychatroom.com/H:\rotted.jpg


As a result, just above the wall framing the shingles are no longer supported, and so they are forming depressions like a lake bed, all poisted to cause backup runoff to get to the back of my new hardiplank siding.

http://www.diychatroom.com/h:\LakeFascia.jpg


The shingles themselves are in fine shape.

The installation errors are: (A) Rake drip edge was tucked inside fascia drip edge, and (B) on the rakes, the underlayment used in the roof-over does not lap the additional drip edge.

Thanks for any thoughts about the negligence angle, or ideas for adequate repair.

Ed the Roofer 06-23-2009 01:15 PM

Ask your attorney about the term, "Latent Defects" but it "May" also depend on the written warranty exclusions and limitations.

Over 10 years seems reasonable for a warranty, so don't expect too much. When was the problem first noticed?

Ed

Ed the Roofer 06-23-2009 01:18 PM

By the way, the Sheriff Goslin shingles are just Private Labeled ATLAS Brand shingles.

Any recourse through the manufacturer?

Ed

OneTripper 06-23-2009 06:16 PM

Thanks for the replies Ed, however the issue appears to be one of labor (substandard installation) instead of material failure. The shingles seem fine, its just that the drip edge and underlayment was placed incorrectly.

With the passage of time (a whole half day) I guess I've wised up and will take the hit. After all, it's a small house and life is short. If I fought, then the cost in both money to fight and the attendant delay in selling my house would end up being much more expensive than just getting a new roof in a couple of weeks, and on the flip side having the new roof will be an asset in selling.

It just burns me up that a crew screwed up something as basic as drip edge and underlayment overlapping on a 5/12 no frills corner. Did I mention the job is only 12 years old? Grrr.... But wait.... take a deep breath. Re-read prior paragraph. Go have dinner.

Thanks for your replies.

PS.... anyone need a house? It's got a nice new roof!

Ed the Roofer 06-23-2009 06:23 PM

Here is a VERY MINOR course in Construction Defects, both Patent and Latent.

Ed


http://www.google.com/search?hl=en&q...fects+&aqi=g10


http://realestate.findlaw.com/homeow...efect-faq.html

Q: How is a construction defect proved in court?

A:
It depends on the defect. Some defects are obvious and are called "patent". Other defects are hidden or do not become apparent until years after the home was built. These defects are called "latent". A successful construction defect litigation claim relies on the testimony of experts who specialize in specific areas of construction. The experts investigate the defect, evaluate the cause and make recommendations for how to remedy the defects.

Q: What kind of damages can be recovered?

A:
It depends on the facts and circumstances of your case, but in general the cost of repairs and the decline in the value of your home may be recovered. Additionally, other recoverable damages might include the loss of the use of property during the repair, the cost of temporary housing, court costs, and in some instances the attorney's fees if provided for in the contract or by your state's laws. Of course, any personal injuries resulting from the defect may be recovered. In some instances punitive damages may be assessed against the defendant if the court finds their behavior to be reckless and intentional.

jaros bros. 06-23-2009 08:36 PM

I don't believe what you described to be the problem or perhaps you have described it poorly. Even if the drip cap was underlapped on the rake to the eave intersection, this wouldn't be that serious of a problem to cause damage that severe. You did not post your location. Do you live in the northern part of the U. S.? I wonder if you have had ice and water damage from backup because what you described seems to fit this.

Ed the Roofer 06-23-2009 10:20 PM

He should be in either Indiana, Ohio or Michigan, because I think thats the locations where Sheriff Goslin is set up at.

Ed

OneTripper 06-24-2009 03:59 PM

Good point on ice dams, JarosBros... Yes I'm in Mich and dams did form the first winter I was here (2000); we added eave venting right away but probably there were 50 years of dams before that.

Ed, thanks for the interesting legal stuff. I'm not going to pursue any damages for this issue but that's excellent reading material anyway.

OneTripper


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