A 30-Year Roof

Tom and Sophie Broadley needed a new roof on their Fairfield, CT home. Lucas Papageorge of LCP General Contractors offered a contract to remove the existing roof and install “30-year architectural roofing, plywood and gutters" at a price of $11,950. Tom signed the contract. That was April 17, 2010.

LCP got a permit from the Town of Fairfield and did the work. When finished, LCP called for final inspection. The Fairfield building inspector signed off on the job. LCP collected in full.

So what’s wrong with that?

Plenty, as it turns out. Eight years later, the Broadleys sued LCP for $11,262 plus attorney fees, claiming their 30-year roof should have kept water out for 30 years. It didn’t.

The first 4 or 5 years were OK. No leaks. But in 2014 or 2015, the Broadleys noticed water dripping from the ceiling in their first floor living room. They called Papageorge at LCP. After several hours working with a water hose, he found what he thought was the problem. The next day, Papageorge applied silicone caulk at the joint between the wall and the roof line. Apparently, windblown rain was getting under the roof overhang. Aluminum flashing at the top of the wall wasn't keeping rain out.

About 8 months later, Papageorge got another call. Broadley said there was another leak. Again, Papageorge went to work with a garden hose and found another problem area. Apron flashing was covered by multiple layers of siding. Papageorge applied tape flashing over the existing aluminum flashing.

After the next rain, Papageorge was called back a third time. A leak had done several thousand dollars in damage to the living room ceiling. Papageorge admitted the tape flashing didn’t help. But he insisted the problem wasn’t the roof. It was the flashing. The April 17, 2010 contract called for re-roofing, not replacement of any flashing. Still, Papageorge made one last 'Hail Mary' effort, spraying foam between the roof and the siding.

In all, Papageorge spent more than fifteen hours trying to stop leaks. Broadley wasn’t satisfied. He hired another contractor to replace the roof – this time with lead counterflashing around the chimney. Then Broadley filed suit against LCP General Contractors, claiming a 30-year roof should keep water out for 30 years. That was May, 2017.

The April 17, 2010 contract didn't say who guaranteed what and for how long. Even a sentence or two would have settled the issue. But that contract was mum on warranty. So the lawyers had to slug it out for two years -- at a cost that must have far exceeded the cost of the roof. 

At Trial

The only evidence supporting a 30-year warranty was in the project description. Plaintiffs considered that description a pledge by Papageorge that the new roof would not leak for 30 years. Counsel for Papageorge argued that “30-year roof” is only the manufacturer's quality rating, a way to distinguish one grade of roofing shingles from another.

Both the trial court and the appellate court found for the defendant. There was no evidence that the roof Papageorge installed was substandard. LCP’s only responsibility for flashing was to make an inspection and inform the owner if flashing had to be replaced. Papageorge checked the flashing and found it “in good shape”. Nothing more was required.

What’s Wrong Here?

It’s easy to avoid problems like this. Every good construction contract includes a section on warranty – what’s covered, for how long, what’s excluded. Most important, the contract should identify warranties offered by the manufacturer as the responsibility of the manufacturer, not the installing contractor. The installer’s only obligation is to pass on the manufacturer’s warranty. The contract in Broadley v. Papageorge could have made that clear.

Every state sets standards for construction warranty. Some warranties are required by state law. Others are optional. Many can be waived (excluded) if you use the right contract language. If your contracts don’t cover warranty, you’re missing an opportunity to avoid problems. Have a look at Construction Contract Writer. The trial version is free.