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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.).


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