Terrible roofing job

[sepefrio]

Did a house today and as I drove up I had the mistaken assumption of "Cool, a brand new roof, this is going to be easy."

Well, I was only partially right. The shingles were new, but the wood underneath was probably still from 1954 when it was built. At the roofs edge I peeked under the shingles touched the wood and it crumbled. I moved my ladder again and again, every place I looked, the wood was rotten.

In the attic, the roof has insulation covered with a 1/4inch think paper board type material covered with multiple water stains. As such I could not get a good look at the roof material. The exhaust vents were insulated over, no soffit vents and only one gable vent. From the attic, I could see daylight around the edges of all the plumbing vents.

I was asked by the buyers Realtor if I would be willing to back up my report in court if needed. It seems he called the sellers agent when I found this, who in turn called the seller who then called the roofer who said tuff luck, no warranty. BTW the roof was replaced only 22 days ago. I told them I would tell what I saw, but that the majority of the roof was hidden from view. I recommended, STRONGLY, that they get a new roofer to come out and provide their opinion as it would hold more weight in any legal action.

The amazing part is the buyers still want the house. I would run as fast as I could, but I think these people are downsizing their house as they couldn't afford their last one.

Actually the most amazing part is that there are contractors out there that do this kind of work and when called on it tell the client "Tuff luck". This is one of the reasons I became a HI.

Here are some pictures, some are not the best of quality but if you look good you can see it.

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[Les]

John,

that paper board material is Upsom board and fairly common in most of the mid-west.

[Brandon Chew]

Personally, I wouldn't run from a house with a bad roof, but that's me.

As for appearing in court, I assume it would be due to the seller going after his roofer?

I'd tell them if they wanted to use me as anything but a fact witness, they'd have to retain me as a litigation consultant/expert witness.

As a fact witness, all I can testify to is things like:

Yes I did an inspection for Joe Buyer on such and such date.

Yes that is my report.

Read things from your report into the record.

Etc.

If they want you to say anything more than what is in your report, or give your opinion about anything in your report, you are moving away from fact witness and into expert testimony. As such, you should be retained and compensated as one.

If you are not ready for this, then advising them to go with someone else is a good move.

[Les]

Brandon,

mostly right, and the concept is right. Your report is your opinion and discoverable at witness rates and not expert rates. The court can and will ask your opinion and you must give it if you are a party to action and in this case you are a paid party to action. "But for your inspection, there is no problem"

Expert work is much more than your opinion. In fact in most courts that opinion, standing alone, is fact.

[sepefrio]

Yes it is against the roofer not me. I just don't feel comfortable being called and expert. I can just see it now on cross examination, "So how long have you been in business to gain this expert status, reply "Um, 4 months" The judge would chuckle at that one. I like the way you explained it though and I will stick to the fact witness.

BTW Upsom board, I should have known that, thanks.

I'm writing the report right now, I'm going to report the roof conditions as they are and recommend further evaluation by a roofer and not make any comments like I think this guy screwed up.

[Brandon Chew]

Les,

I do an inspection for the buyer. The seller decides to sue his roofer and wants to use my report as evidence, does not retain me, but I am called to court by subpoena to testify... am I a party to the action?

Isn't the defendant's lawyer going to object every time I'm asked to render an opinion beyond clarifying something I wrote in my report?

If the plaintiff really wants to use my report to bolster his case, isn't he better served by retaining me as a litigation consultant to come and do an inspection and write a report for him, and then calling me as an expert?

I'm not challenging you by asking these questions. I'm just trying to understand how it works from someone who's been there.

Brandon

[Richard Stanley]

I'm reading that the realtor said that the other agent said that the seller said that the roofer said....

I doubt you'll ever hear from them.

Don't discount the possibility that the seller may have ordered what he got -- "just make it look pretty - I'm selling it"

And now they were caught. So it goes.

[Richard Moore]

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Man...if that is typical of the roof decking, it's hard to imagine a good roofer doing this, although I'm sure some cowboys would. New shingles, new gutters, and just hope it doesn't get inspected! [:-bigeyes

BTW...I'd find it very annoying to lose my TV signal every time someone takes out the garbage. That's the best location they could come up with for the dish?

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