Corpus Christi, TX asked in Consumer Law and Contracts for Texas

Q: Hi..I had a roof installed on my house in August 2013 with a 5 year labor and material warranty..has a leak..which

Caused damage to eaves and facing . Is contractor liable to make that repair too? THANK YOU

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1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
Answered
  • San Marcos, TX
  • Licensed in Texas

A: Hopefully you had a written contract with the contractor. Also I hope the contractor either had deep pockets, had insurance or is bonded? Bonded would be best. The reason I say bonded is because then the bonding company can pay for the damages without you having to search for assets from the contractor to collect on. If there was a written contract you must look to that for damages, most will limit liability to labor and materials for the job. In addition a breach of warranty (or contract) the prevailing party can be awarded attorney fees. If there was no contract written or it does not address damages then if you convince the court your damages were "foreseeable" then you may be able to recover for those damages.

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