NYS NYC roofer legal help

[gerard2006]

Jurisdiction

New York

Folks - I'm currently pursuing some NYC consumer protection agencies to help me on a bad roof install that's leaked for 8 years right after install. However, the roofer hasn't responded positively to these agencies reaching out either. They keep returning back to simply add more caulk but that's it. There are alternatives we've been told by other roofers that need to be attempted and a potential wrongly done shingle design but our roofer won't do any of that even though being within their 20 year warranty. My assumption is they don't want to put in the 1/2 day of work will take to properly install this part of the roof. Our next step was going to be a lawsuit but I am looking to find out if that is an expensive process or something that I can file in a small cause court, and represent myself

So far I've put in complaints with theee age cies
NYS Division of Consumer Protection
Department of Consumer and Worker Protection (DCWP)

Thanks

 

[adjusterjack]

I see a couple of issues.

1 - Are you sure that the 20 year warranty is the roofer's warranty and not just the shingle manufacturer's warranty? Read it carefully and don't assume anything. I have dealt with contractors professionally and personally and I can't imagine any of them giving a 20 year warrany.

2 - You may be faced with a statute of limitations issue, explained at the following website:

Construction Defects in New York; Part 6 of 6 – Time Limits - The Law Offices of John Caravella, P.C.

One of the most complicated areas of construction is determining the timeframe, which can vary based on the type of claim being made.

www.liconstructionlaw.com

3 - Even if the 20 year warranty is the roofer's installation warranty you have to determine when the breach of warranty occurred as the statute of limitations for breach of contract is 6 years.

4 - Have you gotten any cost estimates for the proper repair of the roof? The NYC small claims limit is $5000. As for expense you would have filing and process service fees but you will also likely have to pay an expert to come to court and testify as to whether the problem is due to faulty installation. A expert can cost upwards of $1000 and you don't get that back if you win.

 

[zddoodah]

Our next step was going to be a lawsuit but I am looking to find out if that is an expensive process or something that I can file in a small cause court, and represent myself

The most you can sue for in small claims court is $10k. If you intend to sue for more than that, you're probably looking at a minimum of $200/hr. for an attorney.

 

[welkin]

I'm currently pursuing some NYC consumer protection agencies to help me on a bad roof install that's leaked for 8 years right after install.

I'm not sure that there is a SOL limitation on your ability to recover on a defective roof installation regardless of if the warrant was on the shingles or the installation.

The Magnuson-Moss Act is Federal consumer protection law, and NY has its own version in the statutes.

The law deals with several types of warranties, express and implied. The express warranty is something that is expressly stated in a contract such as the shingles are warrantied for 20 years. An implies warranty, such as a warranty of merchantability, protects the consumer that the product or service will do what they say it will do. For example, the roof will not leak and will keep out the rain. An implied warranty is a binding as an express warranty. You can do a search on the MMA and your state code to read up about the subject.

The law also protects consumers against shoddy work and can hold a contractor liable for improper installation.