Handling Roofing Defect Claims

Legal Strategies for Contractors & Suppliers

by Trent Cotney, Partner, Adams & Reese, LLP

(Editor’s Note: Trent Cotney, partner at Adams & Reese, LLP, is dedicated to representing the roofing and construction industries. Cotney is General Counsel for the Western States Roofing Contractors Association and several other industry associations. For more information, contact Cotney at (866) 303-5868 or go to www.adamsandreese.com.)

 

In the roofing industry, defect claims are an unfortunate but inevitable reality. Whether it’s allegations of poor workmanship, material failures, or water intrusion issues, contractors and suppliers must be prepared to defend their work effectively. Taking a proactive approach is essential for preventing disputes before they arise, reducing legal exposure, and enhancing customer satisfaction. By implementing best practices such as thorough documentation, photographing in-progress work, and establishing standard operating procedures for handling complaints, roofing professionals can significantly mitigate the risks associated with defect claims.

 

Proactive Measures to Prevent Roofing Defect Claims

The best way to handle a roofing defect claim is to prevent one from arising in the first place. Contractors and suppliers should adopt a proactive mindset rather than waiting for disputes to escalate. This means ensuring strict quality control throughout the project life cycle and clearly defining responsibilities in contractual agreements.

 

Using Defensive Documentation

One of the strongest defenses against a defect claim is comprehensive documentation. Remember, in construction disputes, the party with the best paper wins the day. Keeping detailed records of materials used, work performed, and jobsite conditions can help prove that the project was completed according to industry standards and contractual obligations.

• Maintain copies of contracts, warranties, and material specifications.
• Document any changes to the original scope of work, including customer-requested modifications.
• Keep records of weather conditions that might impact project timelines or material performance.
• Require sign-offs at critical project milestones to confirm customer approval of work performed.

By ensuring that every step of the process is well-documented, roofing professionals can provide clear evidence in the event of a dispute. For example, a contractor facing allegations of improper flashing installation was able to produce time-stamped photos and signed inspection reports showing compliance with manufacturer guidelines. This evidence ultimately led to the dismissal of the claim, saving the contractor from costly legal fees.

 

The Power of Photographing In-Progress Work

A picture is worth a thousand words, and in the roofing industry, photographic evidence can make or break a legal claim. Contractors should make it standard practice to take photographs at every stage of a roofing project, from pre-installation through completion.

• Before work begins: document pre-existing conditions of the roof to avoid disputes over prior damage.
• During installation: take photos at key points, such as underlayment installation, flashing placement, and sealing techniques.
• Final completion: capture images of the finished product to verify quality and compliance with contract terms.
• Post-project inspections: if a customer raises a concern, having before and after photos can help distinguish legitimate issues from normal wear and tear.

With time-stamped photographic evidence, contractors can demonstrate that the work was performed correctly and according to the agreed-upon specifications. Additionally, some industry standards, such as those outlined by the National Roofing Contractors Association, recommend thorough documentation, and certain state regulations may require photographic records for warranty claims and compliance purposes.

 

Establishing Standard Operating Procedures (SOPs) for Customer Complaints

Even with the highest quality workmanship, occasional customer complaints may still arise. Being prepared to address them effectively can prevent minor issues from escalating into larger disputes. Having clear, structured SOPs in place for handling complaints ensures that issues are addressed promptly and professionally, reducing the likelihood of escalation to a legal claim.

Key elements of an effective SOP for handling complaints include: a clear reporting process, timely response protocols, thorough inspection procedures, resolution options, and customer communication logs. By handling complaints professionally and efficiently, contractors can often resolve disputes before they escalate into costly litigation.

 

Legal Strategies for Defending Against Defect Claims

If a roofing defect claim is made, contractors and suppliers must be prepared to defend themselves effectively. Some key legal strategies include:

• Leveraging documentation and photos: presenting thorough records and photographic evidence can often resolve disputes quickly.
• Enforcing contractual protections: well-drafted contracts should include clear warranty terms, limitations of liability, and dispute resolution clauses.
• Engaging experts when necessary: in cases where liability is disputed, hiring an independent roofing inspector or expert witness can provide credible testimony.
• Exploring alternative dispute resolution: mediation or arbitration can be more cost-effective than litigation and may preserve business relationships.

 

Conclusion

Roofing defect claims can pose significant financial and reputational risks for contractors and suppliers, but the best defense is a strong offense, which includes thorough documentation, clear contractual protections, and proactive customer service. By proactively documenting work, photographing progress, and implementing structured complaint-handling procedures, roofing professionals can minimize their exposure to claims and strengthen their ability to defend against them when necessary. Staying ahead of potential disputes not only protects a company’s bottom line but also enhances trust and credibility in the roofing industry.