What are my rights regarding water damage caused by a faulty roofing job?

UPDATED: Oct 1, 2022

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What are my rights regarding water damage caused by a faulty roofing job?

Filed a claim with the state licensing board. The roofer has reached out via an attorney. We would not want them to do the repair work but believe they are responsible for the damage caused. Water damage and mold. Is it reasonable to sue for punitive damage. The roof was redone in 2015. I have been complaining to the company since 2016 when I noticed water inside the house after a rain. They have continually denied responsibility, only after filing a claim with the state did they reach out.

Asked on February 28, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue for negligent (unreasonably careless work; work that is not up to commercially acceptable professional standards). You can sue for compensatory damages, such as the cost to repair or remediate the problem, or the cost of any damage caused by the leak (water damage to walls or floor; mold; etc.). However, you cannot sue for punitive damages: punitive damages are not available in negligence cases not involving personal injury or in breach of contract cases (e.g. failure to do what they contracted to do) cases, but rather are only available in cases involving personal injury or in cases of deliberately/intentionally trying to cause some harm (e.g. some stalking or harassment cases; some defamation cases; etc.).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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