Legal Question in Construction Law in New York

When has a contractors warrantee not been lived up to?

I hired a contractor to remove an old roof and put on a new one 2 years ago at the cost of $10,000. He gave me a 5 year warrantee. The roof now has a leak and a contractor friend tells me that the roof was put on poorly and parts need to be redone. The roofer is now avoiding me and stood me up when I got him to agree to a time to look at it. This has been going on for 2 weeks. What period of time do I have to allow him to fix the roof until it is considered a breech of the warrantee? Is he responsibel for the damage caused by the leak in the roof? What action can I take to make him fix it or reimburse me for having it fixed?


Asked on 6/24/03, 5:15 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: When has a contractors warrantee not been lived up to?

I have been dealing with this issue over and over again.

You have to give the roofer a reasonable period of time to fix the roof. Before retaining another roofer to correct the problem, you should give notice of your intention.

I would also suggest contacting your local Department of Consumer affairs to inform them of your issue. In Nassau, Suffolk and NYC, a roofer working on a residential residence must be licensed.

Mike.

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Answered on 6/25/03, 8:24 am


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