once roof leak is fixed, what?
I’m in a two-family limestone. We have a big construction project right next door. We’ve already razed the garden and gutted the finished basement because of issues with the work next door. The developers put plywood on our roof (there may be foam underneath) to protect it while they build overhead. Once the protection was…
I’m in a two-family limestone. We have a big construction project right next door. We’ve already razed the garden and gutted the finished basement because of issues with the work next door.
The developers put plywood on our roof (there may be foam underneath) to protect it while they build overhead. Once the protection was set up, the next heavy rain (April 20) and we got a leak. It was leaking through the light fixture on the top floor, across that ceiling, and bubbled paint up at the edge of the wall.
The developers put tarp on the roof while investigating the leak and possible roof repairs. Two weeks later the developer is still going through the 2-3 estimates they say they got for the repair or replacement of the roof. (One of the estimates is from Premier, who put on the original roof – which was still under warrantee, and who we recommended.)
Yesterday we had new leaks, despite the tarp and good intentions from the developer. This new leaking is dripping in the nonworking fireplace, behind a metal grate. I don’t know where it’s coming from.
My question is, once the roof is repaired and there is no longer leaking, and the bubbled up ceiling is repaired, should I consider the problem fixed? Or is there some sort of remediation I need to do – to look for rotting boards or mold in the ceiling? What do you think? I’m nervous because we don’t know where the leak is from, where the water has travelled… I don’t want the developers to walk away after fixing only the initial damage, only to find more damage that was hiding. I hope my question is clear…
Violet: I wouldn’t say that you’re in the driver’s seat until you’ve got a very strong, very well written, SIGNED document–and those documents and the attorneys who can write them are easier to imagine/desire, than to actually come by. There may be others on this site who can comment knowledgeably on the tax and insurance aspects, but I’d recommend that you also consult your own insurance company. Your question about handling the interior/leak damage is hard to address without seeing it. I definitely recommend speaking to the various professionals you already know and trust. You’ll have to sort out which of the following (or more) is appropriate to your situation: attorney, accountant, insurance agent, building inspector, structural engineer, contractor.
Thank you so much for the replies! If you guys have ideas about what we should do about possible interior damage from a leak, please let me know. Even if the advice is, “Don’t worry about it!â€. We’ve never had a roof leak before, so I don’t know if just repairing the damage (to the roof and to the bubbling paint inside) is enough.
Modsquad – I don’t know why we wouldn’t insist on using the original roofer! Premier did a good job, but I guess I didn’t think there would be a benefit. We did recommend them, and the construction coordinator for the developer says that their bid was the most reasonable.
You are right – the warranty on the roof we had is null and void. They are talking about replacing the roof rather than patching it, or patching it now and replacing it once their overhead work is done. We will get a new warranty with the new roof. Is that okay, rather than extending the warranty on the old roof?
Vinca – the garden was razed because they had to do work right next door to their project, and since their project abuts our home “right next door†is “in our gardenâ€. Before we let them in we asked for $ per square foot (probably too little, in retrospect) for the damage and for their use of our garden for a year. I cried when the 6-year old lilacs were ripped up. But we will rebuild. And despite being run over with heavy equipment last fall, this spring we have daffodils and peony and roses and lots of raspberries!
The finished basement was gutted because when the foundation of the building that was next door was removed water seeped into the soil and through our basement foundation walls and we had serious water infiltration. The tile and carpet had to be pulled up, the bottom portion of the walls, which had been soaked, were removed, the furniture was soaked, etc. We are still talking to them about compensation for this loss (we’ve got a contractor’s estimate on rebuilding).
A sticking point is that for some reason they want to issue a 1099-MISC to us for compensation and payments – even for the money they sent to pay for the extra electricity they are using! We are insisting on compensation for the taxes we’ll owe due to the 1099, and for taxes on that (since they’ll issue a 1099 this year too, on the tax money), etc. This brings their cost up. It’s a mess… Do any of you know how payments for damage are usually handled by a developer? I mean, tax-wise?
The roof had to be protected because the developers will be doing work above us. I think that is the law? So the damage to the roof is from the roof protection – I assumed that laying a little plywood would be no problem for a roof, but I see your point. It can get heavy.
The developer says that our property is covered by their insurance. But they also say that they don’t want to make a claim because their deductable is high. So far they have paid us (for the garden and electricity and for the ruined furniture in the basement, etc.) without making a claim.
Okay – we will try to go with our original roofer, and talk to them directly.
Naratamaa – Thank you. The agreement we made for the garden compensation wasn’t looked at by a lawyer, but your advice is good. The contractor is licensed and insured. I don’t know what is wrong with me that I don’t understand that I’m in the driver’s seat. People have told me that. I need to get tougher. Thank you.
I like what both Modsquad and Vinca contributed. I would add that you should consult with a good real estate attorney and have him or her execute documents that spell out what ever agreement you hammer out.
Now is the time to realize that if the contractor is licensed and insured you are in the driver’s seat. And if the contractor is not licensed and insured you could own him.
Remember, news stations love these kinds of stories.
It’s hard to tell from your post why the work next door is resulting in so much damage and repairs for you: garden, basement, and now adding roof to that list. Depending on the weight of the plywood stacked on your roof, especially wet plywood, the foam might be meaningless and damage from the weight could be considerable. What arrangements do you have with the developers re: notice, access and damage? Are you named as additionally insured by developer’s contractors? I agree with modsquad—you should insist that roof repairs be made by original roofer, with warranty extended. Not enough information to address some of your other questions, though you should discuss in detail with your original roofers.
I’m not sure why you wouldn’t insist on using your original roofer and have him do all repair work and extend the warranty. I’m sure what ever warranty you had is now null and void, so to speak.