What to do if we hired a local roofing company to do some repair work to our roof structure and re-shingle our roof but they did not give us the agreed to warranty?

When going through our options, we opted for a 50 non-prorated warranty that was to cost an extra $1500. This warranty was through the shingle manufacturer and required that the roofing company install a specific membrane under the shingles before they were installed. When my final bill was given to me, I noticed there was no charge for the extra warranty. When asked, they delayed for several weeks then admitted they forgot to put this membrane down. It is no longer possible for us to get this warranty we wanted but we also did not pay for it. It was written specifically is our contract that we wanted this extra warranty.

Asked on November 3, 2014 under Business Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the roofing company for breach of contract.  If you want to have the roofing repairs re-done to install the membrane, the roofing company would be liable for the cost of repairs (cost of completion of the work).

Your lawsuit for breach of contract would also include a claim for breach of warranty.  At this time, it may be difficult to determine damages (monetary compensation) for breach of warranty since you were not charged for the item.  If there should be damage to the roof in the future due to the membrane not being installed, you would be able to determine damages for the breach of warranty based on the cost of repairs which would not have occurred had the membrane been installed. 

 


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