Legal Question in Real Estate Law in California
Leaking roof on a new house
We bought a new house and during the second year, we discovered we
had a leaking roof under heavy rain. We've contacted the general contractor
and he told us to contact the roofing company directly. The roof contractor
has been to the house several times, has tried to fix it, but the roof still
leaks whenever there is a heavy downfall. The roof contractor seems to have
given up and is no longer returning my calls. I would like to know what I can
legally do. I belive there is an warranty on a new roof. What should I do next
to get the roof contractor (or the general contractor) to fix the roof? Thank
you,
2 Answers from Attorneys
Re: Leaking roof on a new house
You must initiate a construction defect suit immediately. Statutes of limitations apply and you must act quickly before your claim is forever barred. Please contact me directly at (619) 222-3504.
Re: Leaking roof on a new house
At this point it would be appropriate for you to start shopping for an attorney in your county who handles construction defect litigation. While you probably don't have a statute of limitations problem yet, you might; further, you have some obligation to mitigate damages. The attorney may be able to get the desired response merely by writing letters, but more likely may actually have to file suit. The hunt for the responsible party should include not only the roofing contractor but also the general, the architect if any, the developer/promoter, and possibly the agent/broker. The attorney will know how, when and against whom to proceed. In my opinion you have reached the point where you should involve professional assistance. The stakes are too high to depend on calls to the roofer to do the trick.
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