Legal Question in Construction Law in Minnesota

defective construction of roof

We are a residential contractor. A past client claims ''defective construction of roof'' in sept 2003 causing water leaks and damage. Shingles were removed and replaced on house during job, no sheeting was removed or replaced, no structural changes were made. This was only a reroof also no claims prior to this were made. What is our liability-if any? How are we to know if this isn't a weather related issue? There have been serveral weather events every year in the past 5 years in Minnesota. Also what if the homeowner didn't care for the roof properly? Ice dams etc. can cause such issues. This might be an insulation issue.


Asked on 4/26/08, 10:59 pm

1 Answer from Attorneys
Vincent W. King Vincent W. King, PA

Re: defective construction of roof

The first thing you will want to do is report the claim to your insurance carrier, pronto. Presumably they will be able to retain an expert who can investigate this and come to some conclusions as to the potential causes of the damage. You could be held liable for water damage if it can be shown that there were errors in installing the roof and those errors (and not some other problem, such as inadequate insulation leading to an ice dam) caused the water infiltration. But that would be the homeowner's burden to prove.

Also, depending on when the first damage occurred, there is a possibility that the claim could be barred by the statute of limitations. The homeowner typically has two years from the date s/he first noticed damage to bring a lawsuit. So if they experienced water damage in April 2006 or earlier, they may be out of luck.

Standard disclaimer: The above is given based on limited facts and information presented. Conclusions may differ significantly based on different facts. We do not have an attorney-client relationship.

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Answered on 4/28/08, 4:46 pm


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