DMarklin15
New Member
My wife and I purchased our home July of 2003 and a new roof was put on the home in 2002. In December of 2003, we noticed a small leak in our back room-one ceiling tile in the corner was wet. We contacted the previous owner who provided us with the roofers information. He came out and told us that he had taken care of the issue. We didn't see another problem.
Fast forward to February of 2006, the bad Valentines Snow storm. After everything had started melting, I walked into my back room and my ceiling had started to bow in two spots an I had water all over my back room floor. I called the roofer again, and he told me that he remembered completing the roof and went on to tell me that it was a reroof, which we were aware of and aren't uncommon. The problem is in the area of a slightly sloped rubber roof. There are many transition points where rubber meets shingles and shingles meet the side of the house and so on. Anyways, he goes on to tell me that he had nothing but problems with the previous homeowner, and he told the previous homeowner that he could not flash some of those areas properly, it may cause issues, and he needed to remove everything and complete it the correct way. The previous homeowner told him he was selling the home and paid him to complete it the most inexpensive way possible. The roofer did so.
My insurance company has been involved because there has been an additional $1,500 in damages- from water running behind the walls, ceiling damage, insulation, etc. It has gone to subrogation and the roofer has denied to pay the insurance company and the amount is not great enough for them to pursue it. The roof repair is in the ball park of $3,600, and we were told by a reputable roofing company,who is in the process of repairing it, where the issues were and why it was leaking. When the old roofer came out to our house when we had the first sign of problems, it turns out he slapped a bunch of silcone type material in some cracks and transition areas to temporarily fix the issue. The problems show itself when the weather turns cold the roof expands or contracts or whatever it does. He never told us about the real issue, and because of it interior damage resulted.
After the major issue in my back room after that snow storm, my ceiling was removed and we found wet insulation, but it hadn't shown through to the tile. It looks like, mostly in the winter months when snow and ice begin to melt, it was leaking some, dripping into the insulation, but not showing through to the tile. There are some small areas of woodrot indicating the leak had been going on for some time. After the heavy snow and the large amounts of water, the leak intensified and pretty much let loose. I'm guessing that's the point where the temporary fix started to let loose.
The previous roofer told my subrogation department that he won't be paying a dime and he completed the roof how he was told to do so. My insurance company was only attempting to collect around $1,500 dollars, which includes my deductable and the interior damage. We are coming out of pocket for at least $3,600, possibly more depending on sheeting replacement.
Ok, here is my question:
The previous roofer never warrantied the roof because he said he couldn't do it properly. He told me if he would've warrantied the roof, it wouldn't have been transferable to me anyways. Does the Ohio Statute of Repose protect us here? He has admitted to me and my insurance company that he knowingly completed faulty work. I have documentation from another company doing the repairs pointing out the issues. He is accepting absolutely 0 responsiblity and told the subrogation department that he'll do his work how he wants, and then hung up on them. Our option now is to take this guy to small claims court for the roof repair, which I'm not too sure how to go about that and what I need with me. Before I go through with it, I want to make sure that we have a legitimate issue here. The subrogation department wouldn't give me legal advice, but did state that they felt very strongly this roofer was 100% wrong, but the amount they were collecting wasn't worth pursuing. I'm sure that we're right here, I'm just looking for some confirmation, or in the event that I'm wrong... Thanks for your help in advance, I love reading some of the advice that's given out here. Merry Christmas! David
Fast forward to February of 2006, the bad Valentines Snow storm. After everything had started melting, I walked into my back room and my ceiling had started to bow in two spots an I had water all over my back room floor. I called the roofer again, and he told me that he remembered completing the roof and went on to tell me that it was a reroof, which we were aware of and aren't uncommon. The problem is in the area of a slightly sloped rubber roof. There are many transition points where rubber meets shingles and shingles meet the side of the house and so on. Anyways, he goes on to tell me that he had nothing but problems with the previous homeowner, and he told the previous homeowner that he could not flash some of those areas properly, it may cause issues, and he needed to remove everything and complete it the correct way. The previous homeowner told him he was selling the home and paid him to complete it the most inexpensive way possible. The roofer did so.
My insurance company has been involved because there has been an additional $1,500 in damages- from water running behind the walls, ceiling damage, insulation, etc. It has gone to subrogation and the roofer has denied to pay the insurance company and the amount is not great enough for them to pursue it. The roof repair is in the ball park of $3,600, and we were told by a reputable roofing company,who is in the process of repairing it, where the issues were and why it was leaking. When the old roofer came out to our house when we had the first sign of problems, it turns out he slapped a bunch of silcone type material in some cracks and transition areas to temporarily fix the issue. The problems show itself when the weather turns cold the roof expands or contracts or whatever it does. He never told us about the real issue, and because of it interior damage resulted.
After the major issue in my back room after that snow storm, my ceiling was removed and we found wet insulation, but it hadn't shown through to the tile. It looks like, mostly in the winter months when snow and ice begin to melt, it was leaking some, dripping into the insulation, but not showing through to the tile. There are some small areas of woodrot indicating the leak had been going on for some time. After the heavy snow and the large amounts of water, the leak intensified and pretty much let loose. I'm guessing that's the point where the temporary fix started to let loose.
The previous roofer told my subrogation department that he won't be paying a dime and he completed the roof how he was told to do so. My insurance company was only attempting to collect around $1,500 dollars, which includes my deductable and the interior damage. We are coming out of pocket for at least $3,600, possibly more depending on sheeting replacement.
Ok, here is my question:
The previous roofer never warrantied the roof because he said he couldn't do it properly. He told me if he would've warrantied the roof, it wouldn't have been transferable to me anyways. Does the Ohio Statute of Repose protect us here? He has admitted to me and my insurance company that he knowingly completed faulty work. I have documentation from another company doing the repairs pointing out the issues. He is accepting absolutely 0 responsiblity and told the subrogation department that he'll do his work how he wants, and then hung up on them. Our option now is to take this guy to small claims court for the roof repair, which I'm not too sure how to go about that and what I need with me. Before I go through with it, I want to make sure that we have a legitimate issue here. The subrogation department wouldn't give me legal advice, but did state that they felt very strongly this roofer was 100% wrong, but the amount they were collecting wasn't worth pursuing. I'm sure that we're right here, I'm just looking for some confirmation, or in the event that I'm wrong... Thanks for your help in advance, I love reading some of the advice that's given out here. Merry Christmas! David
