Legal Question in Construction Law in Colorado

Last year I bought a house and as part of my closing objections, it included a new roof to be put on the house. By the closing date, the roof was put on, and paid for by the seller of the house. Within a week of moving in, a section of the new roof began to leak. The roofer that installed the new roof had a 5-year warranty on it. He has been out three times to "repair" it, yet is still leaks. He is no longer returning my phone calls. I have already tried the BBB, and they were not able to help resolve it as the company is not a member.

Is the roofing company liable, or the seller of the house? My contract was technically with the seller of the house, and he had a contract with the roofing company. What evidence do I need for a small claims court for it to come out favorable for me?


Asked on 6/13/10, 6:20 am

1 Answer from Attorneys
Jeffrey Kerrane Benson, Kerrane, Storz & Nelson, P.C.

Whether the seller of the house is responsible will depend on whether your purchase agreement contained any warranty language. Otherwise, a seller (who is not a builder or developer) is typically only responsible for undisclosed defects of which the seller had actual knowledge. This may vary somewhat from state to state.

If you go to small claims court, have a roofer prepare a bid to fix all the roofing problems, and clearly explain what is wrong with the roof. If you can, get the roofer to go to small claims court with you as a witness. Good luck.

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Answered on 6/14/10, 9:42 am


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