Who is responsible for damage done to my roof during an inspection/repair?
Question Details:
Roof leak so contacted insurance company which sent over someone to inspect it. He was on my tile roof for hours. Now insurer will not cover anything. More tiles broke; more leaks; more in house damage. I did not ask for a roof inspection they did. I was so upset .This tile should last 30 to 50 years.
First off your insurance carrier is probably right to deny the claim for the condition of the roof before their inspector went up there, because that kind of thing is almost never covered. Under all the home owner policies I've ever seen, however, they should be covering the water damage inside. In addition, the inspector is their agent, so they are responsible for all the damage the inspector did AND any additional water damage from the inspector's damage to the roof. If the roof was installed in the last ten years, you may also have a claim against the roofing company. If the house is less than ten years old, the general contractor, the developer (if any) and other subcontractors may be liable to you as well. I have done construction damage and defect work for over 20 years, including nearly five years as Construction Counsel in the General Counsel's office at San Francisco International Airport. If you would like a free consultation regarding legal action you could take on this, please contact my office. The links in this site sometimes do not work. If so, you can find us under Libris Solutions in Walnut Creek on yellowpages.com.

I suggest that you find out the name of the company that performed the roofing work. If you did not have a direct contract with the, you can still file a claim against them for negligence. You need to send a letter to the subcontractors advising them that they have performed their work in an unworkmanlike manner and that you are going to be taking action against them unless they cure the defects within 15 days. You should also send a copy of the letter to the homeowner's insurance company. This way, they too are on notice. If the contractors do not fix the roof, hire a lawyer to file a lawsuit against the contractors. Make sure you have a contractor come in and do an inspection and take pictures to document the negligent contractor's work.

Are you a lawyer?
![]() |