I strive to always treat professionals like professionals.
For example, I don’t go to my doctor and tell him what is wrong with me; what disease I have. Rather, I tell him what my symptoms are and leave it to him to make the correct diagnosis.
Likewise, when my roof was leaking last fall, I brought in a roofing professional that I had met at a networking meeting, and presented him with the symptoms; water leaking, apparently around my chimney, and damaging the drywall ceiling in front of my fireplace. I didn’t tell him how to solve the problem, I left that to his professional discretion.
The roofer, Josh, with Over the Top Roofing, gave me a laundry list of things that they would do to rectify the problem. I also got a bid from another roofing professional. I mentioned to Josh that the other company would only warranty their work if I had them do a complete roof replacement. As my roof is only about 5 years old, I didn’t feel that a complete re-shingle was called for. Josh responded with disbelief that the other company wouldn’t guarantee their work, and advised me that his company guaranteed everything they did. This was spoken while standing face-to-face with me in my home.
Needless to say, I contracted Over the Top to solve my leakage problem.
I’m assuming that they did all of the things that they said they’d do, as the area is all covered with shingles, and I gave him a check. Payment in full. At that point he gave me a couple of papers regarding the warranty; the first advising that the warranty did not go into force until my check cleared, fair enough, and a second regarding what was actually warranteed. I read the first line of the second sheet, about their warranty being for 5 years. That’s all I needed to know, right?
So I called my handyman, Jerry Hamilton of J. Hamilton Contracting, to come in and replace the damaged ceiling drywall. I didn’t have it painted, though, because we were planning to have the entire room re-painted, as soon as a color was chosen.
Well, it didn’t rain much in Nov. It did, however, in Dec., and around the end of the month we began to notice water stains a bit further down the slanted ceiling from the part that had been replaced. So I contacted Josh and advised him. By the way, I mostly communicate with people in business via email. Less subject to interpretation and memory issues.
So he came by and looked over his work and pronounced all was well. It rained again and the stain spread, so Josh suggested that I have a mason look at the chimney and decide if maybe I needed tuckpointing. Now, keep in mind, my goal is to stop the symptom of water from leaking into my home, and to that end I requested solutions from professionals.
So the mason came by and showed me where there were hairline cracks on my chimney “cap”. Sure there are; it’s a 40-year old house. He advised me that this was the source of the water that I had seen dripping down the outside of the cinder blocks in my attic (I was the only one that actually went into the attic, and while it was raining, to determine where the water was coming from).
So I contacted Josh and told him what the mason said and his response was that this was the problem and I should get the chimney tuckpointed. “But,” I replied, “you told me that the water was coming from a poor quality shingle job from the previous roofer. Are you saying that the work you did was unnecessary?” My reasoning was that if he did the wrong thing to solve the problem I had presented him with, he had taken money under false pretenses and I was due a refund.
That was when he directed me to the “Workmanship Warranty” that he had given me at the completion of the job. “Over the Top Roofing and Construction, Inc., warrants all labor for five (5) years from the date of contract”. That works for me, it says “all labor”. I’m assuming that they are referring only to all labor performed by their employees. Then it goes on to disclaim responsibility for certain other problems, such as that you need to contact the manufacturer directly if there is a problem with any of the materials that OTR used, and that OTR “…assumes no liability for incidental or consequential damages.” Wait; what? Not being an attorney, I interpret that to mean that if they do damage to your home while they are working on it, or if their work causes other damage, such as poor caulking job leading to additional water damage, THEY ASSUME NO LIABILITY! Then I got to paragraph 7, which states, believe it or not, “The five (5) year warranty provided ONLY COVERS FULL ROOF (emphasis mine), siding, or gutter replacements on property.” Surprise!
So basically, I guess what they’re saying is that if they do a poor job on an entire roof, siding or gutter replacement, they’ll redo what they did, for the next five years, but if what they did poorly causes additional damage, well, that’s not their problem. Huh?
If they damage my home while they are working on it, that’s not their problem? Hold on there, sport; that’s not how it works. You can’t just hand me a document on your way out the door that says, “by the way, if we had knocked over your chimney while we were working on your shingles, it’s not our problem.” No, I’m pretty sure that it is, whether you admit it or not.
So after he directed me to the “warranty”, I went up onto the roof again, to take photos of the completed job. What I found were a series of gaps in the caulk where the flashing meets the bricks. Basically, poor quality workmanship. So I took time/date-stamped photos.
Now water is tricky stuff. It will adhere to just about anything that will facilitate its downward march, and that includes the bricks of the chimney. So if, as it’s struggling to get back to the lowest point, it encounters a gap in the caulk sealing the flashing to the bricks, for instance, rather than go down the outside of the flashing like it’s supposed to, and onto the shingles, and down to the guttering, it will seep into any and all openings, and continue it’s journey inside the house rather than outside. In my humble opinion.
The reason I went into the attic during a rain storm was to see for myself where the water was coming from and going to. I specifically put my hands on the roof joists, up hill from the chimney, to see if the water was coming from further upstream and simply following the chimney down. Nope; the beams were dry. What I did see, and later related to Josh, was water dripping down the outside of the cinder blocks that make up my chimney. So somehow, the water was getting around or past his water barriers, inside the attic, onto the chimney, and following it down to the ceiling, where it was staining the drywall.
The email response from Josh was, “As I said before I can no longer do anymore for you”.
So here’s the dilemma. I have new water damage to the ceiling of my home. Oh, and Josh mentioned that I had had water damage before they got there, as if to say it was a pre-existing condition. Well duh! That’s why I called in a roofer! So, either Over the Top did an unnecessary roofing job, leading to additional damage due to not solving the problem which was really a tuckpointing issue (a couple of other contractors, agree with me that the hairline cracks would have sent water inside the chimney rather than outside), or their having left gaps in the caulk allowed more water to get in, causing the additional damage. The latter being my theory.
Finally, in June, someone from OTR (I presume) came by ( I know because I heard him/them on the roof) and filled in the gaps of the horizontal caulking along the flashing. After they left I took photos. You can see the lighter-colored, newer caulk on the repairs. Of course now there’s a whole strip of vertical caulking that has come loose, resulting in a 4″ gap in the flashing.
So, here’s the problem: According to their “warranty”, they are not, under any circumstances, liable for “incidental or consequential damage”. So even if I had gotten a complete roof job, and they had botched it, they are saying that all they’re liable for is repairing the poor job that they did, but none of the consequent damage it causes, such as damage to one’s drywall ceiling due to water leakage.
I don’t think that’s going to fly.
Remember; treat professionals like professionals. Don’t tell them how to do their job, tell them the goal. That way, they can’t say, “this is what you told me to do”. Say, “here’s the problem I want you to solve”, or “here is the goal I want to attain”. If the contractor, etc, that you hire can’t take it from there and tell you how to accomplish your goal, get another! Oh, and be sure to read the warranty BEFORE they start, just in case…