We
are hired for our (40) year Stability, Proven Reliable Quality, and
Performance
because "Investment Value" is what our customers Really Care
About!
Serving San Diego County and Southwest Riverside
San
Diego (619) 233-0903 / S. D. Coastal (760) 436-1292 / S. D. Inland
(760) 740-9000
Temecula (951) 695-4900
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Roof warranties are less than satisfactory
because MOST ROOFS LEAK!
Roof
warranties are used as a tool to get your business, however, they
generally limit the liability, and as such, many warranties may be
littered with exclusionary, and exculpatory language that greatly
reduces the warranty value. Furthermore, Warranties
have been used as a bait and switch technique that promise to use
high quality materials, but instead use mix/matched products and/or
products no longer manufactured.
Product
Manufacturers build in many loopholes that detract from the presumed
value of the warranty resulting in a leaky product warranty. Example:
Roof Underlayment product manufactures exclude tie-in areas at
vent jack penetrations, at drip edge flashing, at roof deck to wall
junctures, at chimney flashing junctures, around skylight frames,
at step-roof transitions, at solar flashing, at A/C Unit pipe
penetrations, etc.
Production Pieceworkers
are paid for their volume, however, due to time restraints; they have an ability to just throw on a roof system
without concerns for the manufactures specifications or building
and safety code violations. Furthermore, certain cities do not require
their Building and Safety Inspectors to climb on roofs; allowing the roofer
to use their own discretion relating to meeting code requirements that can
result in shoddy workmanship linked to construction defects, safety hazards, and "The Sick Home Syndrome".
Types of Warranties:
Typical contract agreements can relate to the manufactures Conditional Warranty covering
a limited time period or even a lifetime warranty, however, due in part
to product development resulting in products no longer mfg.;
contractors maybe be forced into using mixed/match products creating
a worthless product warranty.
Built-up Roof (BUR) systems that are propane
torch applied (heat welded) rubberized built up roof (BUR) Modified
Bitumen systems are considered potential fire safety hazards during product applications.
In
addition, excessive heat can result in interply slippage, glue bonding
failures, as well as potentials for burning down the building. Furthermore, if not enough
heat is used during the product installation; the interply glue can fail to bond. Therefore, confirm that the contractor
carries general liability insurance, also ask for manufactures product
specifications.
Asphalt
mopped built-up roof (BUR) systems involve the use of hot liquid asphalt, which can result in Fire Hazards, and potential bodily injuries. This type of roofing is labor intensive involving the use of an Air
Pollution Control District certified asphalt kettle used to heat the asphalt to temperatures around 475 DF, operated by the 3rd man ref. to as kettle man who monitors
the hot liquid asphalt that is pumped through pipes up the side of the building to the roof area into a hot cart ref. to as hot lugger.
The Moper ref. to as the 1st man uses a
long handle fiberglass mop for spreading hot liquid asphalt over the roof as required in bonding the ply's ref. to as Interply's. The 1st man is generally the project foreman, and works in front the felt layer ref. to as the 2nd man who rolls and brooms the ply's into the hot mopped asphalt within a 3' wide work area...
On
large commercial projects; an asphalt pump truck ref. to as the pumper is often used to pump hot
liquid asphalt to the roof into a felt layer allowing operated by the 1st man, and followed by the 2nd man who rolls the Interply into the hot asphalt.
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Typical
residential (BUR) system may consists of a Base sheet, nailed over the
substrate, Ply sheets asphalt mopped over the Base Sheet, and covered
by a Rock Cap or 72Lb. granulated Cap Sheet, asphalt mopped over the
interply system. Hot asphalt kettles, which are operated beyond the
asphalt manufactures temperature regulations can a (flash fire) leading
to potential fire hazards. Confirm that the contractor has general
liability coverage. Also confirm manufactures product specifications. It
was only a few years ago that manufactures began developing Modified
Bitumen (BUR) propane torch-applied/heat welded roof products, which
then allowed roofer's "who had only been operating in the conventional
residential pitch roof industry," to enter the flat BUR industry,
however, due to "Fire Safety Hazards," Roofer's liability insurance
coverage has become hard to find... And another obstacle for these
roofer's relates to kettle safety inspections conducted by the Air
Pollution Control District involving "Kettle Permits," conducted
annually, therefore, Before hiring the (BUR) torch-applied roofer,
review their Liability Coverage, and same for the hot mop roofer, but
include the Kettle Permit.
Product warranties
are backed by the manufacturer and cover only defects and failure of
the roofing material itself (e.g. cracks in asphalt shingles, tears in
built-up roofing plies). The major problem with these warranties is
that they are extremely narrow in scope, covering only the materials
themselves. Given that most leaks occur at roof-to-wall intersections,
flashing and other roof penetrations, the usefulness of the warranty
in most leak situations will be severely limited.
Contractor Warranties
are also backed by the manufacturer of the roofing materials, but these
warranties are broader in scope to cover certain instances of defective
workmanship, these warranties are only as strong as the companies that
issue them. Therefore, if the Contractor decides to close up shop, your
warranty may become worthless! In
addition, roofer’s guarantees are typically very short in length,
between one to five years. They also cover instances of defective
workmanship as well as defective materials, but since they are
generally issued by smaller companies, their overall value may be nil.
Five Key Warranty Provisions to be aware of when evaluating the merits of a manufacturer’s
material warranty, a manufacturer’s system warranty, or a roofer’s guarantee:
scope of coverage, monetary limits, determination of applicability, exclusions, and nullification.
Scope of Coverage simply
refers to whether the warranty is limited to defects in materials or
whether it also includes defective workmanship. As most roof leaks can
be attributed to defective workmanship, it is important to ensure that
your warranty includes coverage for workmanship.
Monetary Limits
for most commercial roofing warranties do not include specific monetary
limits. These are referred to as No Dollar Limit or (NDL) warranties.
Some warranties, however, cap repairs at the original cost of the roof
or per square foot amounts that are based on the size of the roof.
These monetary caps typically would not cover the cost of replacing the
roof and do not increase as the cost of materials increases due to
inflation. NDL warranties are preferable for this reason.
Contractor and Manufacture Determination of Applicability:
Some warranties contain provisions that allow the manufacturer as well
as the contractor to reserve to itself the exclusive right to determine
whether a needed repair is covered under the warranty or not. Often
when the contractor and/or the manufacturer reserve this right, they
also may reserve the right to charge for service calls when it
determines that the problem is outside the warranty’s scope. This could
lead to denial of coverage even though a repair is clearly covered
under the contract warranty, as long as the contractor and/or the
manufacturer’s determination were made in "good faith."
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Exclusions
serve as heavy armament for the contractor and/or the manufacturers,
protecting them from liability. They can be subdivided into two
sub-categories: 1) legal exclusions and technical exclusions, and
2) Legal
exclusions seeking to bar claimants from recovery under other theories of
law such as breach of contract, breach of express warranty, or
breach of implied warranties. Technical limitations, on the other hand,
will bar the repair of leaks resulting from certain enumerated causes, i.e. natural disasters, abuse, lack of diligence to perform preventative maintenance, etc.
NULLIFICATION include provisions against the warranty and Procurement of manufactured products
allows the contractor to claim (no responsibility) for product defects.
Further, contractors may not even agree with or endorse the
manufacturer's warranty of the materials selected and as such may not
be held liable in any way for defects in such materials or materials
that are unfit for the purpose intended; No
responsibility for delays or damage to property for; acts of neglect or
omissions of Owner or Owner's employees or Owner's agents, acts of God,
stormy or inclement weather, strikes, lockouts, boycotts, or other
labor related activities, extra work ordered by Owner, acts of public
enemy, riots, terrorist activities or civil commotion, vandalism,
inability to secure materials through regular recognized channels,
impositions of government priority or allocation of materials, delays
caused by inspectors, or changes ordered by inspectors or government
bodies concerned; Unforeseen
defects in the existing structure; Failure by the owner or its tenant
to maintain; above and grade below drainage, roof deck drains,
A/C Units ducting, exhaust ducting, roof pipe vent jacks and other roof
penetrations, gas lines, electrical equipment, conduit and wiring,
rain gutter debris and down spouts, roof to wall flashing, skylights, fireplace chase
covers, exterior stucco and/or siding, exposed roof eaves and wood
trim, tree and shrub overgrowth, etc.
NULLIFICATION'S may also include Termite, Dry rot Damage, and Toxic Mold
alterations, or additions without prior approval; Failure by owner to
pay bills for materials and installation; Lack of inspection at time of
application; Failure to notify the contractor and/or the manufacturer
of building ownership transfer within a certain time period; Failure to
maintain the roof or structure in accordance with the contractors
contract agreement instructions and/or material supplier’s product
specifications; Change in building use; and Failure to repair damaged
roof within a limited time limit, using the same contractor or to
advise the contractor of the intention to hire an approved applicator.
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Contract Terms and Conditions:
Many construction contracts contain a clause requiring the property owner to take out insurance to cover the risk of damage to the property, i.e. Owner shall have contractor listed as additional assured on fire and comprehensive insurance policy by means of endorsement or shall furnish waiver of subrogation for fire and those items covered under comprehensive policy including vandalism; or shall purchase separate policy to
protect contractors interest. Such clauses can have an unexpected effect on the property owner’s ability to recover compensation for negligence on the part of the contractor. This usually involves contractors inadvertently burning down buildings.
Unforeseen defects in the existing structure: Failure
by the owner or its tenant to maintain above and grade below drainage
systems, roof deck drains, A/C Units ducting, exhaust ducting, roof pipe
vent flashing, and other roof penetrations, gas lines, electrical equipment
and conduit penetrations, rain gutter debris, roof to wall flashing,
skylight flashing, fireplace chase covers, exterior stucco and/or siding,
exposed roof eaves and wood trim, etc.
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 Don't become their next victim! |
Roofing is a Dangerous Business!
Don't get dragged into expensive litigation because you had hired the Lawbreaker!
Don't sacrifice durability for price!
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 Don't be Fooled! |
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