Legal Question in Consumer Law in Massachusetts

i had a new roof installed in 2015.the contract said the roof was warrantied for 20 years. recently i noticed leaks when it rains. this caused ceiling damage in a bathroom. i called the installer. he informed me that the owner of the company died & they were no longer in business. he said there was nothing he could do. i filed a complaint with the AG office. they said their mail was returned as the company is no longer there. i live in massachusetts. what do i do now?

Asked on 9/07/18, 4:21 pm

1 Answer from Attorneys

L. Jed Berliner Berliner Law Firm

Get two estimates, one for replacing the roof and one for the ceiling damage.

Contact your insurance company. It may cover the ceiling damage.

You need to identify your contract defendant. Write your own demand letter to the company to see if it comes back with a forwarding address and send a new demand letter there.. Check your contract to see if the company was a corporation or an LLC. If it's not clear, visit the municipal clerk where the company was located to see if there is a business certificate ("doing business as" or dba) which will tell you the true person or company behind the fictitious dba name.

If your contract defendant is a person, check probate records and see if a case was opened. You might run into a one year statute of limitations from death, but you did not know you had claim back then. If your contract defendant is a corporation or LLC, check with the Secretary of State for a president/treasurer/secretary (if LLC, a member) to whom to send a demand.

Find out from the installer who the manufacturer was and sent it a demand. If the installer doesn't remember or doesn't want to get involved, send them a demand for their negligence in installing the roof which is entirely separate from any warranty. Heck, send the installer a demand for negligence even after any cooperation at identifying the manufacturer.

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Answered on 9/08/18, 7:10 am

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