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David Stewart
David Stewart, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 128
Experience:  Highly experienced Consumer Protection attorney
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We just had a complete roof replacement done (completed last

Customer Question

We just had a complete roof replacement done (completed last Thur.) and since then had to have them back 3 times to fix leaks. The most recent was this morning following a storm and a big leak in the kitchen. We Contact Restoration also come out to do the dry out, etc.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Arizona. Bottom line is the roofer does not seem to want to take responsiblity for the problem. I notified my insurance and waiting for a call back from them.
JA: Have you talked to a lawyer yet?
Customer: No, not yet.
JA: Anything else you think the lawyer should know?
Customer: After opening up the ceiling, the restoration co. did indicate that it's a roof issue.
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  David Stewart replied 2 months ago.

What a MAJOR pain this is for you to have to deal with on a roof and now leaks. Do you have a written contract with the roofer that discusses warranty or representation as to workmanship and installation defects? Most contracts will guarantee the roof for a certain period of time. If that is not in the contract, what you have is a construction defect which is a basis for litigation in Arizona although i very much hate for you to have to take it that far. If you have to a firm I found in some brief research that handles these types of cases is here:

I believe you are doing the right thing by getting your insurance involved. What will happen is the insurance may pay to fix the roof if the roofer who installed it will not fix the problem along with all the damage caused by the leaks. After taking care of it, the insurance company will sue the roofer to recover the money it expends on your claim. The problem of course is this will impact your premiums going forward. Thus, you might consider before making a "formal" claim with your insurance carrier is to send a letter to the roofer telling him to immedialtely fix the problem and that you are in the process of considering your legal options. While the letter is on the way, call the attorney noted above for a free consultation on your claim to see if you can avoid sending this to your insurance carrier and keep from having a problem with your premiums. I hope this helps you! Let me know if there is anything else you need. All the best, David

Customer: replied 2 months ago.
Thanks for the response. We'll discuss it and figue out the next step. Thanks again!
Expert:  David Stewart replied 2 months ago.

My pleasure, all the best.

Expert:  David Stewart replied 2 months ago.

Please rate my responses to your questions as well so I can get credit on the site. This would be very much appreciated. Good luck with everything! David

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