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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Had leak repaired on roof in 2004. Found out November, 2014

Customer Question

Had leak repaired on roof in 2004. Found out November, 2014 (as my ceiling caved in in the same spot) that they only put shingles over shingles and did not put any flashing, ice shields, etc. which they indicated they would. This is my second home and it is in Virginia as I live in Maryland. As far as I can see, the work was not performed as they say there is a statute. The leak is in the identical spot that was supposed to be repaired in 2004. I now have black mold throughout my home and it is inhabitable. I was told that this roof was leaking very slowly into the insulation and wood over the years until it finally caved in the ceiling. I have had home improvement and mold remediation companies give me estimates (which are $33,000 for mold remediation and $47,000 for home remodeling). They figures are not the final ones since when they remediate and remove walls, they might find more mold and the figure goes up. My insurance company will not cover the roof or the mold remediation as they said there is a clause for faulty workmanship and mold. I have also had an environmental hygienist inspect the home and the black mold and moisture is very high. I have all the reports. As far as I can see, this contractor has frauded me, my homeowners insurance company (since I gave him the money they gave me to fix the leak) and my bank as I still have a mortgage to pay. He also sent me an email stating that he would fix the roof like it should have been for free, which does not take care of the mold. He has now refused to do anything since it was 2004. He is still in business. My home is only 1200 to 1250 square feet. There must be something that can be done since the work was not done as alleged and my home is now uninhabitable. Thank you.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Seattle Scott replied 2 years ago.

Let me check, but I think the statute of limitations is 5-6 years from the contractor's last day on the job.

Expert:  Seattle Scott replied 2 years ago.

I am sorry to report that Virginia has a law that says you have to sue within 5 years of the defective construction being completed, even if you had no way of knowing of the problem during the first 5 years.

§ 8.01-250

Limitation on certain actions for damages arising out of defective or unsafe condition of improvements to real property.

No action to recover for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained as a result of such injury, shall be brought against any person performing or furnishing the design, planning, surveying, supervision of construction, or construction of such improvement to real property more than five years after the performance or furnishing of such services and construction.