Q: I noticed that the contract was not followed. I had a roof installed in August of 2011. Yesterday I noticed that there was water leaking into one of my upstairs bedrooms. I cut a hole into my attic wall and found where I think the leak is coming from but noticed that there is a large area where there is no underlayment. In my proposal it clearly states that there will be new underlayment installed. is there anything that I can do to keep from paying out of pocket for this?
A: Review your contract to double check if underlayment was to be used. That would definitely be a breach of contract if underlayment was contracted to be used and was in fact not used. Have another contractor inspect the work. You will need him to verify that underlayment was not used per the contract, and him to give you a report stating what he found and what he needs to do to remedy the situation, even if it means a new roof. Have him take photos. I would then notify the prior contractor of your leak, both by telephone and in writing. Proof of notice is essential if you potentially have to sue him. If he will not remedy the situation to your satisfaction, you may need to file a law suit. Make sure to preserve all documents and information from the prior contractor and for what is currently going on.