what warranty are you talking about? how long ago was the roof done?
having a roofer redo the whole thing sounds extreme. i would say you
need to have a third party out to look at the roof and figure out why
it is leaking. for example, it doesn't seem reasonable to expect a
roofer to replace the entire roof if it is a flashing problem.
You need to go into the attic and clearly identify the areas where the roof
is leaking. The best time to do this is during or right after a rain. Even
better is if you can get the roofer there at the same time. Any decent
roofer will quicly recognize wet decking or rafters, and any reputable
roofer will take care of the leaks if the roof is in warranty.
Take pictures of the leaks from inside. Take lots of pictures so the odds
are in your favor that at least one or two of the pictures of each leak will
clearly show the problem. Keep a set of the pictures for your records in
case you have to go to small claims court.
If the roofer tries to dodge you, send him/her a certified letter, or even
better (in states where it is allowed) get the roofer on the phone and
record the conversation. It is bad when it comes down to less than
straightforward measures, but in some states, recordings of phone
conversations are legal evidence if one party (you in this case) knows the
conversation is being taped.
Before your warranty expires, make sure you can document that you provided
him notice that warranty work is necessary.
What is term of the warranty? How long has it been leaking? How many
times have you called the roofer to correct the problem?
If it is a 20 year warranty, and the roof is 19 years old, it is
probably time to get a new one.
you seem to be treading into an area that could be very, very
frustrating. Good luck.
IMHO: I would secure your right to getting everythign fixed under
the warranty, but gathering as much evidence as possible. Photos,
video tapes, and certified letters informing the roofer about the
current conditions. If you roofer fails to repair the work, I would
suggest you proceed consult with a lawyer. You might have to cut your
losses(meaning minimize water damage), and get another roofer. Then
sue the original roofer for the cost of the second roofers work. Make
sure you document everthing.
Remember, you need not yell scream, or threaten. Just remember, if
you think this is more than a simple failure to follow a warranty
policy, then seek help also from your state's consumer protection
agency, and you might want to talk to the BBB.
Good luck, and remember keep a supply of antacids ready. ;)
tom @ www.FreelancingProjects.com
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