When you hire a roofing company, you expect professional service and a job well done. But what happens if something goes wrong? Are roofing companies liable for damage that occurs during or after their work? This question weighs on many homeowners’ minds, especially when facing unexpected issues post-roof repair or replacement.
The short answer is: it depends. Roofing companies can be held liable for damage in certain situations, but the specifics matter greatly. Let’s dive into the nuances of roofing liability and what you need to know to protect yourself and your property.
Understanding Roofing Company Liability
Roofing work is inherently risky. It involves working at heights, handling heavy materials, and making critical decisions that affect your home’s integrity. When you hire a roofing contractor, you’re putting a lot of trust in their expertise and professionalism.
Generally, roofing companies are responsible for damages due to negligence or faulty workmanship. This can include damage to your property during the roofing process, leaks resulting from improper installation, structural issues caused by poor workmanship, and injuries to workers or bystanders due to unsafe practices. However, it’s crucial to understand that not all damage is automatically the roofing company’s fault.
Natural disasters, pre-existing structural issues, or normal wear and tear aren’t typically covered under a roofer’s liability. For example, if your roof decking is damaged and the roofing company was not informed of this pre-existing issue, they may not be liable for any resulting damage.
The Importance of Proper Insurance
One of the most critical factors in determining whether roofing companies are liable for damage is their insurance coverage. A reputable roofing company should have comprehensive insurance that protects both their workers and your property. Our team at Ram Exteriors makes sure we are fully up to date with insurance policies for all of our Berks County roofing contractors. This can help give you peace of mind when choosing our services.
The Role of Contracts in Roofing Liability
Another crucial element in determining liability is the contract between you and the roofing company. A well-written contract should clearly outline the scope of work, materials to be used, timeline for completion, warranty information, and liability clauses.
Common Scenarios: When Are Roofing Companies Liable?
Let’s look at some common scenarios to better understand when roofing companies might be held liable for damage:
Damage During Installation
If a roofer accidentally drops a tool and breaks your window, they’re typically liable for the repair. This falls under their general liability insurance. Similarly, if their equipment damages your landscaping or other parts of your property, they are generally responsible for the cost of repairs or replacement.
Leaks After Installation
If your new roof starts leaking shortly after installation, and it’s due to poor workmanship, the roofing company is usually responsible for fixing it. This is often covered under their workmanship warranty. Common installation problems that can lead to leaks include improper flashing around chimneys, vents, or skylights and inadequate sealing of pipe boots or drip edges.
Structural Damage
If the roofing work causes structural issues, like sagging or damage to support beams, the company could be held liable. This type of damage often results from negligence or lack of proper inspection before work begins. For example, if the roofing company fails to adequately support the roof structure during a roof replacement, resulting in sagging or collapse, they could be held responsible for the extensive repairs.
Worker Injuries
If a worker is injured on your property, the roofing company’s workers’ compensation insurance should cover it. However, if you’ve taken on the role of project manager, you could be considered the “Controlling Contractor” and potentially be held liable. It is essential to maintain a clear distinction between homeowner and contractor responsibilities to avoid this potential pitfall.
When Roofing Companies Might Not Be Liable
It’s also important to understand situations where roofing companies might not be held liable:
Acts of Nature
If a severe storm damages your new roof, it’s typically not the roofing company’s fault. This is where your homeowner’s insurance comes into play. Homeowner’s insurance is designed to cover unforeseen events like windstorms, hailstorms, or falling trees, while the roofing contractor is typically only responsible for damage directly caused by their work or negligence.
Normal Wear and Tear
Roofs have a limited lifespan. Normal deterioration over time isn’t the roofing company’s responsibility. Asphalt shingle roofs, for instance, have an expected lifespan of 15-30 years, depending on the quality of materials and installation. Gradual wear, such as fading or curling shingles, falls under the category of normal wear and tear.
Pre-existing Issues
If damage occurs due to underlying problems that weren’t part of the roofing project, the company might not be liable. This highlights the importance of a thorough roof inspection before any work begins. For example, if hidden termite damage in the roof framing contributes to a leak after a new roof installation, the roofing company may not be held responsible.
The Importance of Documentation
In any dispute over roofing damage, documentation is key. Keep detailed records of all communications with the roofing company, photos before, during, and after the project, copies of contracts and warranties, and any issues that arise during or after the work.
FAQs about are roofing companies liable for damage
Why is my ceiling cracking after a new roof?
Ceiling cracks after a new roof installation could be due to several factors. It might be caused by the weight of workers on the roof, improper ventilation leading to moisture issues, or pre-existing structural problems exacerbated by the roofing work.
If the cracks appear shortly after the installation and weren’t present before, the roofing company might be liable, especially if it’s due to their negligence or poor workmanship. Adequate attic ventilation is crucial to prevent moisture buildup, which can lead to various issues, including cracked ceilings.
What happens if it rains while getting a new roof?
Professional roofers should have contingency plans for unexpected weather. They typically use tarps to cover exposed areas and work in sections to minimize risk. If rain causes damage during installation due to inadequate protection, the roofing company could be held liable. However, if they took reasonable precautions and the rain was unexpectedly severe, it might be considered an act of nature.
Why is my roof leaking after a new roof?
A leak in a newly installed roof is often a sign of improper installation. Common causes include incorrectly placed flashing, poorly sealed valleys, or improperly installed shingles. In most cases, the roofing company would be liable for repairs as this falls under their workmanship warranty. It’s important to report leaks promptly to prevent further damage and to maintain your warranty coverage.
Can you repair a roof when it’s wet?
While it’s possible to make temporary repairs to a wet roof, it’s not ideal for permanent fixes. Most roofing materials, especially adhesives and sealants, work best on dry surfaces. If a roofing company attempts repairs on a wet roof without taking proper precautions, and this leads to further damage or leaks, they could be held liable. Professional roofers should know when conditions are suitable for proper repairs.
Recap
When it comes to the question “are roofing companies liable for damage,” the answer isn’t always straightforward. While roofing companies can be held responsible for damage caused by their negligence or poor workmanship, the specifics of each situation matter greatly. As a homeowner, your best protection is to work with reputable, insured contractors, understand your contract thoroughly, and maintain open communication throughout the project. If issues do arise, document everything and don’t hesitate to seek professional advice.
Remember, a good roofing company stands behind their work. They should be willing to address any reasonable concerns and fix legitimate issues caused by their work. By understanding your rights and the roofing company’s responsibilities, you can ensure a smoother, safer roofing experience and protect your home for years to come. For the highest quality service and craftsmanship, trust our team of expert roofers in Berks County, PA.