Hello everyone!
I am in a strange situation here.
I had an 11th Month Inspection done on a home in Orlando, FL. On this property, I found some broken tiles. I reported it, and my client sent me the response that the construction company sent back to him:
(…)Roof Tiles: Unfortunately, roof tiles are not covered under the warranty. They are considered a cosmetic item that does not affect the structural integrity of your roof. Your roof has an additional protective layer underneath the tiles to ensure it remains functional. If you’d like the tiles repaired, you will need to hire a roofer of your choice.
I don’t understand this, so I ask for the help of my dear colleagues to clarify this. For me, the roof should be intact, not with broken tiles and this should be covered by the 12-month warranty.
Thank you very much!
Pics would help. Generally, call BS, the client paid for a new home (including the roof) which is covered under a one year warranty. The roof most likely has a longer than one year warranty. Don’t accept their excuses. Next they will blame the hurricanes.
How do we know this? Tell them to read the warranty, tell them to hire a lawyer if needed. The last thing we do is insert ourselves into warranty disputes.
My advice to my client would be for them to tell the contractor that they would be calling every news media in town, filing complaints with the BBB, posting negative reviews online about their experience, and would be contacting the Florida state Attorney General to file a complaint, for starters.
I’ve had clients stand in front of the sales center with a loud sign, their issues (“not covered by warranty”) were quickly addressed.
All good advice… from my experience many of the local “news” outlets don’t want to get involved. The Florida AG was a great resource under Pam Bondi, not so much under Ashley. We now have a new AG, so we will see. Pam is now (or hopefully soon) the US AG which is another possible acceleration. Also the client can file complaint(s) with the Florida DBPR.
Before taking it up the ladder I would encourage the client to be the “squeaky wheel”, don’t take no for an answer. Call multiple times a day and keep an email trail of daily calls/ all communications.
Builders always try to find excuses to not make repairs found on an 11 month warranty inspection. I always tell my clients to expect a fight when making warranty claims.
IMO it should be, but my opinion is just that, mine.
Were you able to find what the builder’s warranty actually covers?? That part of the roof could very well be excluded. If the documentation says otherwise, then there you go. Your client should have been supplied with this information when they bought the house.
Afternoon, Gilberto.
Hope to find you well and in good spirits today.
I see damaged tiles. It should be the obligation of the sub contracted roofer/ and the contractor to repair any damage.
I think the builder should take care of it whether it’s covered in the warranty or not. It’s a simple matter of Customer Service/Satisfaction. I spent a dozen years as a Warranty Mgr for a Big Builder and we always took care of little things whether they were warranty items or not.
I’ve repaired drywall where a kid put his brother’s head through it, patched carpet from nail polish spills, cleaned oil stains from driveways/garages, and any number of other items just as a matter of Customer Satisfaction. All of my friends who worked for other builders did the same for their clients. A few hundred bucks out of my budget never bothered me—but I pushed back when a client wanted a new driveway due to a hairline crack, or the lawyer (I swear she was!) that asked me to replace her garage door after she ran into it in her car.
There are some contractors that will make excuses for everything…Even Lie and make up crap to get out of doing Their Job. Certainly the Concrete Roof Tiles are A Necessary Building Component, the only part of them that is Cosmetic is their Color! Yes Technically it is the underlayment that is the Water Proof Component of the Roof Structure…But The Tiles (just like the granules of a fiberglass shingle) are there to protect the underlayment from the elements. So The Tiles are a needed component of the roof structure. If the Protective Granules of an asphalt/fiberglass shingle were found to already be shedding after less than a year…you’re damned right it would be a defect covered under warranty.
Now if the contractor wants to argue that someone (including an inspector) walked the roof, they may be able to say they were broke by someone (after the home changed hands) and therefore not covered under warranty…But it looks like you are smart enough to be using a drone or pole and not walking The Tile Roof.
IMO it is much better for people to have a home inspection before they sign they sign the final closing documents. (ie before the contractor gets all their money)…they will have the appropriate subs out their pronto. 11 month. warranties are only as good as the contractor that built the home. And unless it is a big ticket item, crappy contractor know The State licensing or AG is not going to go after them. To have things fixed after a person has given all their money to even good contractors, they are going to be waiting (at the contractor’s convenience the the warranty items to get fixed.
Your description of the Builder’s response does not make sense but is most likely misinterpreted by the reader or misstated by the Builder. What you display is apparent physical damage or can be perceived as physical damage that can occur at any time of the build from roof application to completion and then to the 1 year mark.
If your client reads their contract/warranty I would most likely expect, and mostly guarantee, that the Builder has a clause that “wear and tear” is not covered. If it can be proven that this is not owner “wear and tear” and that it is a defect/build quality issue or this issue was known and reported to be there before closing then the Builder might be on the hook for repairs. Otherwise the Builder would hold the buyer to the terms of the contract/warranty and refuse to repair and would have a legal right to do so.
I don’t much care for what occurs during new builds today but this is an example why buyers should have phase inspections when possible and at least the final before closing.
If the documentation says otherwise, then there you go. Your client should have been supplied with this information when they bought the house.