Legal Question in Real Estate Law in Maryland

Re: Liability of roofing contractor

Your inquiry didn't state whether or not you hired the roofing contractor to perform an inspection and evaluation, or whether the property sellers provided the certification. If you hired the inspector and you can establish that he gave you bad advice on which you relied in your decision to go ahead with the purchase, he could be liable to you for any provable damages. If he was hired by the sellers, you might still have a claim against him as a third party beneficiary to the contractual relationship between the contractor and the sellers. However, I'm wondering why, if this is the wrong roof as you put it, there wasn't an ongoing problem at the time you bought the property.

Re: Liability of roofing contractor

From whom was the roofing certification provided? If the certification was from a home inspector then you may have a claim for damages where you can demonstrate detrimental reliance. If the certification was provided by the roofing installer as part of the sale of the house, then you may have a warranty claim. If the certification was provided by the seller, then you may have an action on the purchase contract of the property. Where the roof was improperly installed and you do not have privity with the roofing contractor (i.e., you did not hire the roofer), then you will need to prove that you are a third party beneficiary to the contract. In the event that you can pursue a recovery, part of the evidence required will be a showing that the work was not performed in a workmanlike manner.

Alternatively, you could pursue a negotiated replacement by the contractor as this would be in his interest and would avail him of goodwill. Any such negotiation should be dealt with tactfully inasmuch that the answers to the above matters may determine that you do not have a legal basis to pursue recovery. Where you do have a legal basis to pursue recovery, there are alternatives to filing a legal claim.

G. Joseph Holthaus

(410) 799-9002