Roof over roof?

You need a lawyer and some expert witnesses who can appear on your behalf, not a bunch of opinions from a usenet newsgroup.

If the new roof was built properly, there would be no leaks.

Does the new roof have a ventilation? It should in my opinion. However I believe you have a case for the three leaks, since it appears those are do to poor workmanship on the new roof. You should check with your local authorities to find out if there are any local codes that were violated.

While I have my opinions about what should have been done, you need to prove the construction was not proper in your area. Even if he did not follow best practice of the area, he may not be guilty of anything other than the leaks in his roof. BTW how old is the new roof? Did you approve or even know his plan? Did you get other estimates for the job?

What DID you agree on in the signed proposal? He DID give you a proposal, and you DID sign it, right? You were there during the work, and you DID see them roofing over the old shingles during the progress of the job, right? Seeing them do this, you could have stopped them, but DIDn't ..................... right?

Case closed, and costs to the plaintiff!

Steve

Your post doesn't speak to several important points: Where are the original and new leaks; how is the new roof anchored to the structure; how has the contractor responded to the problem; what was the agreement for the work?

My first thought is that roof covering left within an attic space may be a fire hazard. Second, fastening the new roof to the existing walls would require demolition of the old roof. Third, roof penetrations and flashing are probable with a kitchen.

I'd suggest, before you go to court, talk to the contractor. If that doesn't lead to a solution, hire a forensic architect or engineer. That person would describe the problems and a possible fix. A good contractor could do this, but might introduce some legal problems. They could be seen as generating work for themselves or being unfairly competitive.

TB

Well, I'm with the others -- you need to speak to an attorney.

It probably isn't best practice to put a roof over another roof, but it's done pretty often. (Having worked with many older homes, I've seen this more than once.) You'll have to base your argument on the specific failures of materials or construction, that you can document.