California | Construction Law
Legal Question
Contractor responsibility for roofing defect.
We have found mold in the ceilings of our home, which is in the finish stage of construction. The contractor brushed this off as an insignificant problem, saying only that he’d “look into it.” Meanwhile, I brought in a forensic architect to give me an independent evaluation of the problem.
The expert told me that a “hazardous condition” exists and that the contractor should not have built the roof (cathedral ceilings, no attics) without allowing for ventilation! Now I’m faced with starting an expensive and destructive discovery process, and will ultimately need to repair the ceiling/roof structure. This comes at a huge expense; the condition could exist in up to 90% of our 3500 sf. house!
The contractor claims that here is nothing wrong with his construction, saying that it is “typical” and “adequate,” and accepts no responsibility whatsoever. The expert told me that it is the contractor who is ultimately responsible for building a defective roofing system. I told him that the plans did not specify ventilation, to which he replied that the contractor is still at fault.
Is this a black and white issue, as the expert suggests, or is it hopelessly gray, requiring huge legal fees with little hope for reparation?
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