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I recently had some bubbling and yellow stains show up in my…

Customer Question
I recently had some...

I recently had some bubbling and yellow stains show up in my family room ceiling on one of the beams. I called a roofing repair service to come and check it out and they told me that the rolled rubber roofing on the flat portion of the roof was improperly installed. The rubber should have run up the slanted part of the roof at least 2 feet but was only run up less than a foot and they nailed shingles to the rubber which eventually led to a leak or leaks. My question is would I have any recourse against the original roofer since it has been12 years since the roof was installed? This repair will cost me more than $2200.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Iowa

Lawyer's Assistant: Has anything been filed or reported?

Not yet, they are coming to repair it next week.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/6/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,369
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

This to me sounds like a classic case of negligence by the original roofer because they did not runt he rubber up the part of the roof long enough and it caused you damage. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

This appears to be a classic breach of contract by the roofer since they did not do their job. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
No thanks. Why have you billed my credit card for an additional $26? I did not authorize that charge and will dispute it if necessary!
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

I understand your concern. When you post your question, the system says that it is five dollars to hold your question and an additional fee for your unlimited interaction with me. It's about 90% off the regular hourly fee for an attorney so it is a good deal. The bright side is that you don't owe any more than that. Although $5 to speak to an attorney would be fantastic, to keep things running here and help us be available to speak with you, you're charged that nominal amount. Did you have any other questions for me today?

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Customer reply replied 7 months ago
Please credity my Discover for the additional $26 you charged!
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry if you believed that this help was free or extremely discounted. I'd recommend speaking with a local attorney who may be willing to give free consultations on matters such as these if you're' concerned about price. Moreover, if you can always contact Just Answer’s Customer Care team by clicking here or calling them at 1-***-***-****, they can assist in a refund.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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