How do I make a case against a roofing company for a defective product?

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How do I make a case against a roofing company for a defective product?

I replaced my roof 4 months ago and there are 2 problems with the shingles: a defect called “color registration drift”, and an overall washed-out color that is visibly lighter than the one I was expecting based on the sample. The company acknowledges part of the drift as a defect, but not the color, which they claim is “on spec.” I am negotiating with them right now and I would like the entire roof replaced. I would like to know whether I have any cause against them at all since they deny responsibility for these other problems.

Asked on August 3, 2011 New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may have a cause of action against them, if they provided either a defective product or one that did not match the specifications you and they agreed to. Such a cause of action could sound in contract (i.e. the breached the agreement by not providing what you paid for), negligence (e.g. they were careless in what they installed), and/or fraud (basically, they lied about what you'd get). If a fraud case can be made out, and the situation brought under NJ's Consumer Fraud Act (CFA), you may be able to get enhanced or additional damages (compensation). It would be worthwhile for you to consult with an attorney (many, like myself, provide a free initial consultation) to see whether you may have a cause of action under the specific facts of your case. Good  luck.


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