Legal Question in Construction Law in Michigan

I had a complete tear off roof (changed all the wood as well) in 2005. Ever since then the roof leaks every winter and every year I have someone from the roof company come out to look at it. And every year I get the same answer to the effect of "I don't see anthing wrong and there is pretty much nothing we can do about it, thats the way the weather is"!

Am I able to sue or would it be a waste of my time??

thanks


Asked on 1/02/10, 2:06 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

What kind of warranty did the roofing company give you? Your roof should not leak. It may not be the roofing company's fault, which is what you'd have to prove in court - it could be another source. However, if you didn't have the problem before, and you do now, then that's a huge coincidence. If there is a warranty, and even without, the company has a duty to install a roof that is adequate, proper and "reasonable." That doesn't mean it will be perfect without a few tweaks, however, it still shouldn't leak. You're required by law to give them the chance to fix or cure the defect prior to suing, which it sounds like you have. Keep all communications in writing and keep notes of who you speak to and the date/time. I would suggest retaining a lawyer to send them a "demand letter" requesting they reexamine the roof in the leaking area, fix it, or identify what the problem is (whether or not it falls under their obligations), and see how they respond and if that solves the problem. If it doesn't, then your best bet may be to pursue litigation. The litigation process and the strengths/weaknesses of your case are items that would be discussed at an initial consultation once your lawyer had more information and documents.

If you want to retain me to send them a demand letter, please contact me via email to discuss further.

Thank you.

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Answered on 1/09/10, 9:00 pm


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