Legal Question in Construction Law in California

Roofing problem

We had a composite roof [ fake slate] placed on our home in 2004 for a total cost of $70,000. The roof has faded and now some of the slabs are falling off. The company that made the material was going to come out and treat the roof to stop the fading. It is now apparent to us and the company that placed the roof feels that the material is defective. I want a new roof placed and wonder who should I sue if the companies blame each other? No one is taking responsibility for the cost of the replacement. I appreciate your time. Thankyou


Asked on 9/14/07, 11:22 am

1 Answer from Attorneys

Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Roofing problem

The general rule of thumb is that you sue everyone under the sun.

There are a few open questions in your fact pattern above. First, with whom did you have a contract? I'm guessing it's the contractor who placed the roof. If so, did that contract meet all requirements for home improvement contracts as those requirements existed in 2004? Were there any warranties provided in the contract? Did the contractor select this material for you? Did the contractor say the roof material would hold up over time? Was there any warranty as to workmanship? Have you asked any independent third party contractors whether the slabs are falling off due to (i) poor material quality, or (ii) poor workmanship, or (iii) both, (iv) intervening outside causes (falling branches, etc.)?

As to the material manufacturer, we'd need to know if they advertised any sort of warranty or any guarantee that the product would hold up over time. Did you keep copies of the advertisements? Can you go get the old web pages that spoke about the materials?

Finally, what sort of damages have you experienced? Has there been any damage to property other than the roof (e.g., through leakage)? Or has the damage been limited to the discoloration and slabs falling off?

Again, the short answer is you sue everyone. The answers to the above questions will dictate which legal theories you'll use in the suit.

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Answered on 9/14/07, 11:46 am


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