by Guest » Sat May 16, 2015 06:41 pm
I had my dwelling, garage, and shed roofed according to a contract. The roofer failed to use underlayment on all the roofs and failed to replace the drip edge as called for in the contract. Can I file on the contractor's insurance for these contractual failures?
Posted: Thu May 28, 2015 05:28 am Post Subject:
Possibly -- you need to know if his policy is an "occurrence" or a "claims made" policy. You should first make a written demand to the contractor to lay out your claim for negligent workmanship and to demand complete repairs as needed -- send it by USPS Certified Mail with Return Receipt. Then file a complaint with the state Contractor Licensing entity. They can force the contractor to make the necessary repairs.
Or you can file a lawsuit for the full cost to make the proper repairs, which will include a tear-off and re-roof. After you win your lawsuit, then you submit a claim to his insurance company. But you need to be sure that you make your claim before the end of his policy term, just in case it is a "claims made" policy (which requires that all claims be submitted to the contractor during his policy term, or within 30-60 days after it ends).
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