Roof Defects Lawsuits
A building’s roof is its front line of defense against the elements. Flaws in a roof’s design, construction, or maintenance can result in serious damage to the rest of the structure. If a building you own has suffered damage due to a defective roof, you may have grounds for a civil lawsuit against the liable party. To get the compensation you deserve for a building defect, you’ll need the representation of an experienced Wilmington construction attorney. Our legal team at Wilmington’s Rhine Law Firm, P.C., is nationally recognized for our in-depth understanding of construction law, and will put our knowledge and experience behind your claim. For a free case evaluation, call today.
Common Roof Problems
- Leaking: Leaking may occur for various reasons, such as flashing that was insufficiently fastened when installing a built-up roof. With asphalt roofs, leaks are common when installed without placing proper weather barrier underneath to seal out moisture.
- Blow-offs due to poor wind resistance: Asphalt roofs may have flashing that is not properly attached, creating open seams that are susceptible to blowing off. Granules may not be properly embedded or the weather resistive barrier may be poorly attached.
- Poor workmanship: May include failing to ensure surfaces are cleaned, dried, and primed, leading to failures of the adhesive.
- Failures in Maintenance: Failing to routinely check conditions can make minor issues into major concerns.
- Standing water: Improper design on level roofs or a failure in creating slope may lead to “ponding” of water.
- Puncturing: Certain roofing systems are susceptible to damage from foot traffic that may be averted by creating walking paths.
- Shrinking: Shrinkage may occur within the membrane, along with deterioration and cracking.
In cases of water intrusion, it is first critical to determine the defect that caused the problem. It may be the existing features for diverting water that are dysfunctional or inadequate for high volumes of precipitation. Common examples of water damage include:
- Sinking or cracking within the foundation
- Growth of mold
- Wood that is rotting
- Collapsing walls, floors, or ceiling
- Rusting metal parts
- Interior damage to property & furnishings
Construction Defect Litigation
When pursuing civil action for a construction defect, you’ll need the representation of an experienced construction law attorney. Contracts on larger construction projects may be complex and potentially named defendants may include the design professional, general contractor, subcontractors, manufacturers or sellers of products, and others. This type of litigation can involve multiple areas of law, including tort (negligence), warranty, and contract law.
North Carolina law does allow for a claim of negligent construction, but it is subject to the “economic loss rule” which is often applicable in construction-related cases.
North Carolina does not allow for recovery of damages through tort (negligence) actions when the plaintiff’s losses are solely financial. Such actions are to be brought according to the statutes relating to contract law, even if the actions appear as negligent or intentional. Negligence claims must be associated with injuries, or if in cases of a defective product, must cause damages to other property or products.
Breach of Contract
Claims of breach of contract should assert:
- A contract existed
- A provision of the contract was breached
- Details of the breach
- The ensuing amount of damages
Claims may involve unworkmanlike construction, such as poor quality of installation, or that materials used by the party were inadequate based on contract requirements.
If flawed roof design, construction, or maintenance has caused you financial loss, you deserve compensation from the responsible party. The legal team at Rhine Law Firm, P.C., has extensive knowledge of construction law and an excellent track record of delivering results for clients.
Any injury resulting from a car wreck is unexpected and inconvenient, to say the least. However, the lasting effects of a catastrophic injury or wrongful death require justice.
Our firm can help you hold negligent or careless drivers and their insurance companies financially responsible for your medical expenses, rehabilitative costs, income loss, home modifications (if necessary) and most importantly, the pain and suffering you have endured.
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- Official Website of the N.C. Division of Motor Vehicles
- Motor Vehicle Safety – CDC
- National Highway Traffic Safety Administration
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