Legal Question in Construction Law in California

roof warranty

the company that installed our roof gave us a warranty of 5 years. The problem is, when they come out to inspect, if they determine it is not covered, they charge us 900 bucks for the visit. is this legal? can you direct me toward a law that might deal with this issue?


Asked on 1/11/08, 7:05 pm

2 Answers from Attorneys

Cathy Cowin Law Offices of Cathy Cowin

Re: roof warranty

I think the prior answer assumes quite a bit about the contract, although from the way you stated your question it is implied that the contract has specific provisions setting forth a claims procedure. From a practical standpoint, the threshold issue is how sure you are that any problem with the roof is actually something that should be covered. (In fact, your question just asks about the document and not a specific roofing problem.) Next, you have to analyze the agreement to determine the scope of the warranty. If there is a problem and the company refuses to honor the warranty and attempts to charge, you then have to weigh the cost of getting an attorney involved with the cost of the roof repair. Now, I know I'm stating the obvious here, but sometimes there are business aspects to what appears to be a legal problem. The law can often be unfair, particularly in situations where the amount involved does not warrant the expense of legal representation. In this case, the extent of the claim determines the appropriate response as a practical matter.

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Answered on 1/15/08, 11:49 am
Terry A. Nelson Nelson & Lawless

Re: roof warranty

legal? yes.

outrageous? yes. Don't pay.

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Answered on 1/12/08, 4:49 pm


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