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What steps should I take if I believe I have a workmanship quality issue on a recent roof installation?

ColoradoDefects

Concrete tile roof installed 18 months ago. Two broken tiles; no weather issues (hail or high winds)to cause this, nor has anyone walked on the roof. May have happened when large amount of snow collected on roof and slid off a few days later. Called the tile manufacturer (Boral); they state it is not the product likely roof was installed incorrectly (frost, ice under the tiles). Called the owner of the roofing co (not a fly by night company); he stated that this is a repair and will cost min of $350 to fix, he believes the product is defective. I asked him to honor his 10 year warranty on the installation or to send me a statement with his belief that the product is defective (so I can provide to manufacturer). He has not replied. Cost of roof was $38k.

1 reply

Dec 3, 2019
Unfortunately, it can be hard to force either a contractor or a supplier into action when both of them are sure that the issue was created by the other party. However, there may be some ways to force them into action.

Using Colorado's right to cure laws to push a contractor to make repairs

For one, Colorado is a right to cure state. So, there's a formal process that must be followed in order to initiate a construction defect claim. Generally, an owner must send their contractor a Notice of Claim at least 75 days before filing a claim over defective work - then the contractor will have an opportunity to inspect the property and either settle the dispute or resolve the issue. While it may not be worthwhile for an owner to file a full-blown suit over what would be $350 of work, at least initiating the claim process could push a contractor to honor their warranty before the issue becomes a larger headache for them. So, sending a Notice of Claim might be a good idea to at least push the contractor to revisit the site and inspect the issue. Further, a contractor won't want to risk their reputation over a small issue on one of their projects - particularly a measly $350 fix. So, threatening to negatively review their business online (i.e. Google Reviews, Facebook, the Better Business Bureau, Angie's List etc.) could push them to act. Of course, any potential review should be completely truthful and reflect the experience with the contractor.

Forcing the supplier to respond

Providing a written demand based on the manufacturer's warranty could be helpful, too. This could push the manufacturer to organize their own inspection and get to the bottom of the issue. Further, if the contractor has formally inspected the issue and determined the root cause is the manufacturer's product, then that would seem to bolster a claim against the manufacturer. Plus, everything is a negotiation. It's always possible that a manufacturer may be willing to come to some form of agreement to resolve the issue. If what's a $350 fix becomes enough of a headache, it's entirely possible that they'd step up and resolve the matter in one way or another in order to wash their hands of the matter.

Other options

Of course, actually pursuing legal claims could be effective too. When warranties are granted but not adhered to, an owner will have options for bringing a claim for breach of that warranty. Or, where the warranty was in the contract, the owner might also be able to pursue a breach of contract action. But, if the issue does continue unresolved, it might be wise to reach out to a Colorado construction lawyer. They'll be able to review the defect along with any relevant documentation and advise on how best to move forward.
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