benjamingossmba 6 May 2023 Comments (0)

Legal Considerations When Dealing with Your Contractor for Storm Damage Repairs

This is an opinion, not legal advice, from the practical experience of Benjamin Goss, MBA

Dealing with storm damage can be a complicated and stressful process for both property owners and contractors. Beyond the physical repairs, it’s essential to navigate the legal landscape to ensure that all parties’ rights and responsibilities are upheld. In this article, we’ll explore some of the key legal considerations when dealing with storm damage roofing and provide guidance on how to approach these challenges with confidence.

roofing works at detached family house
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1. Insurance Claims and Coverage

One of the first legal aspects to consider in storm damage roofing is insurance coverage. Property owners should carefully review their insurance policies to determine the extent of coverage for storm-related damage. Keep in mind that coverage may vary depending on factors such as the type of roofing material, the age of the roof, and the specific cause of the damage.

When filing a claim, it’s important to provide detailed documentation of the damage, including photos, notes, and any reports from field inspections or professional assessments. Property owners should also maintain open communication with their insurance adjuster and be prepared to negotiate the settlement, as needed. Contractors should be aware of the insurance claim process and be prepared to provide supporting documentation and assistance to their clients, as necessary.

2. Contractor Licensing and Insurance Requirements

Before hiring a contractor to repair storm-damaged roofing, property owners should verify that the contractor is properly licensed and insured. Licensing requirements vary by state and may include specific certifications for roofing work. Additionally, contractors should carry general liability and workers’ compensation insurance to protect both themselves and their clients in the event of accidents or damages.

Property owners should request proof of licensing and insurance from prospective contractors and verify that the information is current and valid. Contractors should be transparent about their qualifications and provide this information readily, as it demonstrates professionalism and helps build trust with clients.

3. Contract Terms and Conditions

When entering into a contract for storm damage roofing repairs, it’s crucial for both property owners and contractors to carefully review and understand the terms and conditions. The contract should clearly outline the scope of work, materials to be used, timelines, payment terms, and any warranties or guarantees provided.

Property owners should be cautious of contractors who use high-pressure sales tactics or require large upfront deposits, as these may be indicators of potential fraud or poor workmanship. Contractors should take the time to explain the contract terms and address any questions or concerns that their clients may have.

ethnic businessman shaking hand of applicant in office
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4. Building Codes and Permit Requirements

Compliance with local building codes and permit requirements is a critical legal consideration when repairing storm-damaged roofing. Contractors should be familiar with the applicable codes and regulations in the areas where they work and ensure that their repairs meet these standards.

In some cases, permits may be required for roofing repairs or replacements, particularly if the work involves structural changes or the installation of new materials. Property owners should confirm whether permits are necessary and ensure that their contractor obtains any required permits before beginning work.

5. Warranty and Liability Issues

Warranties and liability are important legal considerations for both property owners and contractors. Property owners should inquire about any warranties provided by the contractor and the manufacturers of roofing materials. These warranties may offer protection against defects in materials or workmanship and help to ensure that the repairs are of high quality and long-lasting.

Contractors should be aware of their potential liability for damages resulting from improper installation or faulty materials. To minimize liability risks, contractors should adhere to best practices for roofing installation, use high-quality materials, and provide clear communication and documentation throughout the project.

6. Dispute Resolution and Legal Remedies

In the event of a dispute between a property owner and a contractor, it’s important to consider the available legal remedies and dispute resolution options. The contract may include provisions for mediation, arbitration, or litigation, which can provide a framework for resolving disagreements.

Property owners who believe they have been the victim of fraud, poor workmanship, or other contractor misconduct should consult with an attorney to explore their legal options. Potential remedies may include filing a complaint with the local licensing board, pursuing a claim in small claims court, or seeking damages through civil litigation.

Contractors should be prepared to address client concerns and disputes professionally and constructively. Demonstrating a commitment to resolving issues and maintaining high standards of workmanship can help to preserve a contractor’s reputation and minimize the risk of legal action.

7. Regulatory Compliance and Environmental Considerations

Another important legal aspect of storm damage roofing is compliance with environmental regulations and industry best practices. Contractors should be aware of any federal, state, or local regulations that apply to their work, such as the proper disposal of waste materials, the use of environmentally friendly products, and the protection of endangered species or habitats.

Property owners should also consider the environmental impact of their roofing choices and prioritize sustainable materials and practices whenever possible. By working together, property owners and contractors can contribute to a more environmentally responsible construction industry.

modern cottage located on peaceful river shore
Photo by Maria Orlova on Pexels.com

In conclusion, navigating the legal landscape of storm damage roofing can be complex, but it’s essential for both property owners and contractors to be well-informed and proactive in addressing these issues. By understanding insurance coverage, licensing and insurance requirements, contract terms, building codes, warranties, liability, dispute resolution, and regulatory compliance, both parties can help to ensure that the repair process is conducted smoothly and professionally.

Facing the challenges of storm damage roofing may seem daunting, but with a keen understanding of the legal considerations and a commitment to high-quality work, property owners and contractors can work together to restore the integrity of damaged properties and help communities recover from the impact of severe weather events.

Benjamin Goss

I am intimately familiar with feeling like my hair is on fire while I try to slow things down and focus on the person (or people) I am with. Sometimes I fail miserably to be present. I have had deals stolen from me, customers refuse to pay, and employer/market partners renege on agreements and promises.

As an author, I have self-published several guides and two books. Prior to engaging in my current projects which include books on sales, management, storm restoration contracting and politics I read more than 150 books on sales & business topics, attended hundreds of hours of seminars, and watched thousands of hours of videos regarding the same.
I earned a master’s in business administration (MBA) from Regis University in Denver, Colorado.

I recruited and trained hundreds of salespeople, made thousands of cold calls, knocked on thousands of doors, and successfully completed thousands of sales presentations that resulted in revenue for the companies I have represented. Because I find it hard to sit still, I have worked in 15+ major metro markets across America, and I have moved my family and lived in seven of them (Philadelphia, Orlando, Phoenix, Denver, Kansas City, Omaha and Richmond).

With more than 25 years of experience in various phases and market verticals within the construction industry, this also includes nearly 15 years of experience in the storm restoration industry with an emphasis on roofing. I have personal experience with storm damage inspections (~10,000+), Xactimate estimating (~4,000+) and completing restoration projects including those for complex historic and/or commercial projects [i.e. Natural Slate and Ludowici Clay Tile].

My certifications include, but are not limited to FLIR Level 1, flat roof certifications (EPDM, TPO, and PVC), roof coatings systems, and tile roof certification in all 50 states, including Florida High Wind Tile Installation certification. Finally, I was licensed as the qualifying party as a Class A general contractor with no heigh restrictions in multiple states and jurisdictions.

I trust it’s abundantly clear that I love to talk and engage in conversation. Surprisingly, I also enjoy writing. Surprising, at least to me because I hated English as a subject in school - too many rules. Ha!

What I am most proud of is continuing to help my wife of more than 26 years raise 6 amazing children (3 boys and 3 girls). Our two Doberman Pinschers are pretty cool as well. (If anyone has tips on how to write a better bio - please email me! ;-).

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