Neighbors house is melting my siding

  • Thread Starter Ed-williams1991
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Ed-williams1991

Guest
Jurisdiction
New York
I did some remodeling to my house, Lowes did the model. My previous vinyl siding was warped and melted before (it was also probably 30 yr old siding). Lowes came out took measurements and after I repeatedly asked if my neighbors roof/windows had anything to do with my siding was melted, he kept saying no. He made an assessment that the neighbors house had nothing to do with why my previous siding was melting, but that the clapboard siding underneath was melting it. I was told to remove the clapboard and problem will be solved and that the new siding would not have this problem. So I proceeded, they removed both layers and installed brand new premium vinyl siding. Few days after the installation I seen that it was warping. I called Lowes, they had the contractor come back out and replaced the panels that were warping. Few days later same thing happened. Now I am fighting with Lowes about this. They at first offered to pay to have a different material put on the house (Wood, HardiePlank, etc) if I got estimates from my own contractors because they didn't have contractors that did that type of siding. So I got a few estimates, before I was even able to submit the estimates, Lowes calls me and tell me that this situation is over the stores head, and has to go to their claims department. Okay, now that its in claims, the adjuster has called and says that there is no way Lowes is responsible for the siding. It's the neighbors problem, and I have to take it up wth the neighbor. At this point I am not sure what to do. In my opinion and also a lawyers opinion is that Lowes is at fault because they knew prior, that there was an issue with that side of the house as far as heat distortion, and should have recommended different siding, but they did not. My options are Arbitration unless there is some sort of contract breach by Lowes, then I can sue in court. Also Lowes had the manufacture of the siding come out to due tests on the siding to see if there was a defect in the siding, and it came back negative for defect, and that it is working as it should be.
 
You've consulted a lawyer. You know your choices. There's nothing a discussion forum can do for you.
 
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