Question Details:We are a small self-managed condo association of 9 units. We had a new flat, hot tar roof installed 5 years ago. We thought it had a longer warranty, but apparently It was only for 2 years. The roof is now failing. The roofing company is not taking responsibility because there is no warranty but we think that warranty, or no warranty, a roof should last longer than 5 years. The roofing company says that it failed because of bad weather. We didn't have a hurricane or tornado, just typical winter weather, which I would think a roof should withstand. Do we have any legal recourse?
Although the express warranty was 2 years, there is also an implied warranty of merchantability in your contract with the roofing company which means that the roof would have to comply with acceptable standards of quality in the trade. If the roof is supposed to last x number of years pursuant to acceptable standards of quality in the trade and yours failed after five years, you would have a claim against the roofing company for breach of implied warrantability of merchantability. It would be advisable to contact an attorney who specializes in construction defect.