Legal Question in Construction Law in Florida

Roof Repair

I had a new roof installed under an insurance claim about 4 1/2 years ago. The roofer repaired several persistent leaks during the first two years. The leaks recently returned, along with mildew damage. The insurance company stated they would only warranty workmanship for two years and suggested I call another roofer. I got another roofer to repair the leaks, and they gave me a letter stating where the first roofer's installation was improper. I then discovered the first roofer had a 5 year written warranty on his labor. When contacted, he stated he wanted to see the roof prior to deciding if he would consider repayment to me for my repair expenses with the second roofer. He has now been uncommunicative for about three weeks, dodging all of my efforts to meet with him. I believehe has no intent to try to remedy the situation. Is he still bound under his warranty and can I collect the $950 I spent with the second roofer to do a proper repair of the leaks, or am I out of luck because I had another roofer do the repairs?


Asked on 5/07/08, 10:29 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Roof Repair

Your email fails to advise whether you ever put the roofer on notice to remedy the defects after the last time the leaks occurred. It seems as though you did not even know you had a warranty, and only found out about it after you hired and paid another contractor to repair the leaks. Florida Statute 558.004 requires that an owner put in reasonable deteail each defect and allow the contractor an opportunity to fix it. The statute is very detailed in this regard. There are also exceptions as well such as emergency repairs. However, yoiur email is not detailed enough. If 558.004 does not apply then an owner is entitled to the cost of correction and completion from a defaulting contractor. Whether or not you are entitled to anything is a question I don't know the answer to since you seemed to have prevented the contractor from fulfilling his warranty work by having someone else do the work. Maybe you can settle with the contractor by having him at least pay what his cost would have been if he had to do the work.

If you want to read more about Chapter 558, go to our website at www.theconstructionlawyers.com and click on articles.

Good luck,

Randall Gilbert

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Answered on 5/07/08, 11:17 pm


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