Legal Question in Real Estate Law in Tennessee

A roofing company is working on the roof at our church. When they left yesterday, they left a pallet of roofing materials outside. Today they reported that some of the material (~$500 worth) has been stolen. They plan to file a police report. Who is responsible for this cost?


Asked on 9/15/10, 8:20 am

1 Answer from Attorneys

Caitlin Moon C2Law

First, you should review the contract between the church and the roofing company. Hopefully, it addresses the issue of materials - who provides, who is responsible for them, etc. If so, then this provides your most direct answer.

However, if this issue isn't addressed in the contract, then the course of conduct of the roofers is relevant. For example - is the roofer purchasing all of the materials? Did the roofer arrange for delivery of the materials? If the answer is 'yes' to both of these questions, this is evidence that the roofer is responsible for the materials, including safeguarding them.

However, if the roofer told the church that the church was responsible for safeguarding the materials, then the roofer could argue he/she is not responsible - although this does not necessarily mean that the roofer would then have no responsibility whatsoever. The roofer still should use common sense.

Generally, a subcontractor in these circumstances would be responsible for all aspects of the materials, unless a contract states otherwise or unless the course of conduct establishes a different expectation.

I hope that this information is helpful.

Best regards,

Caitlin Moon

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Answered on 9/20/10, 9:09 am


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