Q: A new roof was built in 2012. Am I covered by CA law for damage due to wear and tear? I live in LA County.
During construction of the roof, there was a rainstorm. The worker was instructed to lay tarps on the roof before departing to protect the unfinished roof from damage. He failed to due so, and I had leaks coming into the house. The foreman of the job came during the rainstorm to patch the leaks and to lay down tarps. I now have a leak in the roof and inspectors indicated that there was a patch from a former leak in the area where I am now experiencing a leak to the house. The water pools in that area due to the unevenness of the area. Damage was not storm related, rather "wear and tear." This is the first leak I have experienced since the roof was constructed. The roof should be expected to last 20 years. It has been 18 years. What is my recourse?
A:
Based on the information you provided, it seems that the leak in your roof may be due to the improper installation and the failure of the worker to protect the unfinished roof during construction in 2012. In California, the statute of limitations for construction defects is typically 10 years from the date of substantial completion of the project (California Code of Civil Procedure Section 337.15). However, there are some exceptions:
1. If the defect was not apparent and could not have been reasonably discovered within the 10-year period, you may have one year from the date of discovery to file a claim (California Code of Civil Procedure Section 337.15(b)).
2. If the defect is related to a particular component or system of the house, such as the roof, you may have up to 4 years from the date of discovery to file a claim (California Code of Civil Procedure Section 337.1).
Given that the roof was constructed in 2012 and it has been 12 years (as of 2024), you may still have a claim if you can demonstrate that the defect was not apparent and could not have been reasonably discovered within the 10-year period.
Your potential recourse may include:
1. Contacting the original contractor or roofing company and requesting that they repair the defect under warranty, if applicable.
2. Filing a claim with your homeowner's insurance company, depending on the terms of your policy.
3. Consulting with a construction defect attorney to assess the viability of a legal claim against the contractor or roofing company.
It is important to gather all relevant documentation, such as contracts, warranties, and inspection reports, and consult with a qualified attorney who specializes in construction defect cases to determine the best course of action based on your specific circumstances.
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