First liability claim

[Chappy 138]

just got a call about a roof I cleaned in April. Hard rains yesterday and the roof leaks. weve hardly had rain in 6 months so the first one to blame is me. Went and met them, and again explained my low pressure methods, chemical ingrediants, etc. they were very nice, but since its a 5 year old roof, I can see their concern. Any way, had to file my first claim with insurance company.

Ill be on a cruize next week so any other calls about leaking roof will fall on deaf ears.

[David O'Connell Jr. 14]

Good Luck

[mikew 14]

Jon,

What are the details on this leak? Can't be much of a leak. Seems like it might be cheaper in the long run to higher a roofer to repair the leak instead of turning in on your insurance.

Mike

[Chappy 138]

Although I did not see the water she described, I am sure it was improperly installed and evidence is just now showing up of that. I will leave it hands of the adjuster. Just from a few coments the customer made, the adjuster will find less than stellar methods of roof installation.

That is what I pay a premium for and have to trust the judgment of professionals. Tile roof repair isnt cheap. \.

[Beth n Rod 1,279]

Insurance companies investigate pretty fully before they decide to pay out. Give them your side and let them investigate. Just my .02.

Beth

[Dave O 15]

Ditto to what Beth said. Too much insurance fraud against contractors nowadays, so it will be investigated fully.

[CCPC 26]

Yep, insurance companies will spend a quarter to try avoid paying out a dime.

[bforbis 14]

Although insurance companies investigate, they may know nothing about the situation. I suspect your initial hunch of faulty install is most correct. If it were me, I would make detailed notes about where the leak is/is not, photos (if possible) inside along the roof. I know you have to be very clear with insurance companies that you are not at fault (unless of course you conceed).

Does the roofing company ever had any previous issues, current claims etc. Be sure to ask and follow up on the decisions from the Ins. company.

I don't like leaving my fate in someone elses hands, especially someone that may or may not have my best interest at hand.

[mikew 14]

I don't like leaving my fate in someone elses hands, especially someone that may or may not have my best interest at hand.

Exactly. Cover youself. Takes notes, pictures, etc...

[HotShot 34]

This is the exact reason I take before and afters of every hood I clean. I offer them to my customers and they think that it's just an extra I do for them, but in reality I'm covering my own butt.

Good luck on that.....

[Kory 14]

Sorry to hear that but this is a perfect example for some of the newbe's out there to learn from.

[CCPC 26]

I've worried about being taken advantage of by would be customers. They call you out to clean the roof with full knowledge of roof problems, then come back and use you as their ticket to free roof repairs. This doesn't sound like that kind of situation, but still somthing to be weary of.

I try and take pictures of any existing roof flaws or damage that I come across on top of the roof, but obviously its not realistic to ask permission to take a walk through the house, or attic to look for existing problems.

[HotShot 34]

I have seen on here that some of you guys have on your invoices and bids, a release statement. How would something like that actually hold up in court? Just curious, I think that it's a good idea.....

[Jarrod 22]

Jon, first of all - I'm sorry to hear about what happened. I would not leave it up to the customer at all. I don't trust people (customers) at all anymore!

Most of them try to use situations like this to het a discount or to get something fixed at your expence. I find it hard to believe that you drilled a hole through their roof and caused a leak.

It's funny, it's always the really "nice" people that screw us contractors. I'll bet that during the bidding process that these people were really "nice" too.

[One Tough Pressure 580]

1. Due to the variations in construction practices, movement and settling of structures including normal wear and tear, Preferred Pressure is not liable for water seepage or penetration into the structure, or surrounding areas, or for any damage resulting from such seepage or penetration.

[Kory 14]

I've got one for hoods & Residential

[Jarrod 22]

1. Due to the variations in construction practices, movement and settling of structures including normal wear and tear, Preferred Pressure is not liable for water seepage or penetration into the structure, or surrounding areas, or for any damage resulting from such seepage or penetration.

That about does it! You gotta have disclaimers these days. I know a deck co. that has a whole page of them - front and back & in bold print.

[mas3372 14]

I put on my work order they sign that I am not responsible for any damage other than what is due from gross negligance on my part. It further reads that they must report in such damage within 24 hours. The 24 hours is enough time for them to thouroughly check your work and look for damage. Not 5 months later.

Feel comfortable with the adjuster. I have many friends who are contractors that have had claims. The INS. dosn't like to pay out and if they find that you did not to the damage, THEY PROVE IT.

Good luck

[Rfitz 14]

Claims, complaints, call backs etc.. it is all relevant in the amount of jobs you do in a given year / season obviously if company A does 500 jobs a year, and company B does 100 jobs a year, more than likely Company A will have more call backs, complaints claims etc.. That is why on the back of my contracts I have about 50 reasons how we are not responsible for about 95% of things that could possibly happen on any given job, and they sign the estimate before we perform any work, and most 99% never read the fine print, for example we did a pretty big job for a client last week and she keeps complaining about her windows having hardwater spots on her windows, I tried to go back and wash off but since they are on a well, we could wash her windows every day with our soap and low pressure and no matter how much we rinse, the hardwater spots will still be there. and she wants me to pay for a window washing company to come out and wash all her windows inside and out, I laughed and said no way .. I never told her her windows would be spotless after we did her house and decks, and most people realize they need to have their windows washed after we are done..

Anyway she threatened to call the BBB, I said go ahead, you signed the disclosure section stating we are not responsible for water spots or run off due to work process, it is just the nature of the business, not to mention I gave her over $800 in Freebees just to get the stupid job, and here she wants more, sometimes you have to stand your ground and just say no, oltherwise customers like this will drive you crazy, you can still be polite but be firm, and say, we did everything we could, and now we are finished..

Have A Great Day

[plainpainter 217]

I would have told them to f-off. I hate customers, they want to blame you for a leak 5 months after a job - that's too funny. I would have told them I would sue them for libel - how dare they trash your name. All you did was be a responsible contractor and cleaned their roof. I've had this type of thing happen to me before - where I did a bunch of interior painting for these people that were trying to get it paid for by the insurance company due to smoke damage - of course I never saw any smoke damage. Just scum. And they were the 'nice' people. Who nicely wanted to screw me over.

Have you ever thought about the fact that just getting on a roof may damage some roof shingles - that were on the outs anyways? You gotta put a disclaimer that you aren't responsible for anything, unless it's gross negligence. If they hire you, it's their responsibility to provide a sound roof that is capable of withstanding your normal cleaning routine. This **** burns me, I had a friend paint a house - and his workers had to get on a roof to paint a dormer - well she had a leak in her roof afterwards. And they never did anything wrong. Possibly something just gave way - but that ain't their responsibility. That's just an aging roof.

-Dan

[bforbis 14]

Nice disclaimer One Tough. I have something similar for windows, seams and caulking in mine.

· Is not responsible for Any leakage through seals, storm windows or doors and/or streaks on the inside of windows due to leaks and drips through seals.

[One Tough Pressure 580]

Here is the rest of it. I originally found this on Delco's site in the sample forms, and then modified it to my liking, as well as adding some of my own stuff.

Terms & Conditions

Preferred Pressure guarantees all products and labor supplied under this contract to meet or exceed the standards of the trade.

1. This warranty does not apply to any work or product not provided by Preferred Pressure.

2. This warranty does not apply to any damages caused by factors beyond the control of Preferred Pressure, such as:

- Existing structural defects or products or work not supplied by Preferred Pressure.

- Improper maintenance, usual or unusual wear of cleaned surfaces

- Acts of Nature.

3. Preferred Pressure shall only be obligated under this warranty for structural damages that are a direct result of Operator error and is discovered within 3 days of said date of completion of work.

4. Upon receipt of written notice, Preferred Pressure shall be allowed 30 days from date of receipt for the purpose of inspecting the premises.

5. Preferred Pressure shall have sole option of repairing or contracting repair work correcting any structural damages that are a direct result of Operator error.

6. No representation or warranty made by any other person, expressed or implied, other than an authorized representative of Preferred Pressure which is not specifically set forth herein shall be binding upon Preferred Pressure.

7. Preferred Pressure assumes no liability for cancellation or non-completion of job due to causes beyond the control of Preferred Pressure including acts of Nature, or material shortages.

Customer Agrees To:

1. Keep job site free from any obstructions or conflicts that would tend to interfere with the performance or work of Preferred Pressure. It is also the responsibility of the customer to ensure that children and/or pets are kept clear of the work site. Items that can not be removed from the job area will be worked around within common reason.

2. Provide Preferred Pressure exclusive access to areas covered by this contract during the performance of work specified in this contract, and areas to be covered are to be cleared of other workers, equipment, and materials.

3. Ensure the building doors and windows are properly closed prior to work start up.

4. Be responsible for the removal or clean up of resulting waste products on the job site, unless otherwise specified within the contract.

5. Due to the variations in construction practices, movement and settling of structures including normal wear and tear, Preferred Pressure is not liable for water seepage or penetration into the structure, or surrounding areas, or for any damage resulting from such seepage or penetration.

Both Parties Agree That:

1. This proposal, when signed by both parties, becomes a contract binding on both parties.

2. Preferred Pressure shall not be responsible for noise created by equipment and process.

3. In the event work must be stopped while job is in progress due to changes by customer or unforeseen defects or delays on the customer’s part, the customer will pay for labor time incurred, at a rate of $75.00 per hour, per machine on site. If the contractor can remedy the situation on the job, they will do so.

4. Neither party is liable for delay or cancellation due to causes beyond their control but any other cancellation is subject to a charge of 25%.

5. Preferred Pressure is not liable for any consequential or incidental damage or for any loss resulting from defects as noted in the agreement.

Fuel Charges

Gasoline and Diesel Fuel are required to run the Pressure Cleaning Equipment. This is normally included in the price, so it will not be noted on the Invoice as a separate item. However, when there is an unforeseen rise in fuel cost, their may be additional charges added to the normal service fees.

LATE CHARGES

Payments are due upon receipt of Invoice. Any payment not received within 14 days may be charged a late fee of $25.00 per 5 day week, until payment is received.

[Jeff 232]

I would not just let the insurance company handle it. I would be very proactive and call your insurance company and tell them it wasnt your fault and stress that you dont & shouldnt be held liable. Dont trust your insurance company to handle your claim out right fight for your company

This lady is crazy to come back at you months later and I would of told here it would be filing a false claim to come back at you-screw her.

I have a line or two about not being responsible for any leaks or damage due to poor or faulty building construction , maintenance and/or materials. Contractor is not responsible for ANY leakdamage etc.

JL

[charlie 14]

It is hard to believe that you caused the problem unless you stepped on the valley and your foot made a hole in it. The valley is where the 2 roofs join together. This happened to me once.

Charlie

[RCBill 14]

What is unreasonable about requiring that the PW inspect the interior of a building for existing water damage?