Legal Question in Construction Law in Indiana

I am the owner operator of a residential construction company and I would like to know if I have financial responsiblity for damage caused to a home that I put siding on two years ago. The damage is not a result of the work I did or didn't do. One of the windows has a water leak that caused the damage. I am unaware if the leak had occured at the time we put the siding on or if it developed sometime afterwards. I did not observe leaking at the time I installed the siding.

Asked on 7/21/11, 7:10 am

1 Answer from Attorneys

Raymond Basile Mercer Belanger, P.C.

Assuming that your company is a corporation or limited liability company that has been properly established, you personally should have no financial responsibility. As for your company, under those specific facts, it too should not have liability. Liability would arise where there is a duty to act in some specific manner. If your scope of work was only to install siding, had nothing to do with the windows and there was no evidence of water leakage at the time of installation from a window that did or should have put you on notice of that problem, then your company owed no duty to identify and repair the water leak before installing your siding.

This response is provided for informational purposes and is not intended to serve as legal advice. You should consult with an attorney or tax professional to discuss the facts of your particular situation which may lead to additional issues or a different strategy.

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Answered on 7/22/11, 3:52 am

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