QUESTION

What is my recourse in the situation?

Asked on May 01st, 2024 on Construction Law - Florida
More details to this question:
I hired a roofer to put a tile roof on my house. The tile roof was installed, but the tile is defective. The tile manufacturer does not seem to be responding to the roofers request to replace the tile. I am out over $20,000. What can I do to recoup. I have a roof that is defective.
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1 ANSWER

Construction Law Attorney serving St. Augustine, FL at Anastasia Law, PL
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Unfortunately, as with many issues relating to construction, many of the rights, responsbililites, and remedies of the parties are derived from the terms and conditions of the writtem construction contract and manufacturer's warranty, which no attorney responding to questions on this Q&A site can read.  Most such contracts have specific provisions of where and how notice of claims is to be made and these are almost always in writing by a specified method of delivery to specific invidiuals or departments.  As a practical matter, you can carefully review the construction agreement and the warranty on the tile and make your claims formally via the specified method to both of them and include in the written notice the history of the previous attempts you have made to resolve the issue.  You may have to do some hunting on the manufacturer's website to find its warranty information if the roofing contractor has not provided you with this information.  It is always possible that making the formal demand may get a more positive response.  As with most issues relating to construction defects and disputes, it is almost always the prudent step to at least consult with experienced construction counsel in your area as this area of law is complex and compliance with presuit defect notice process under Chapter 558 of the Florida statutes would likely be required before litigation or arbitration can be filed. 
Answered on May 23rd, 2024 at 3:53 AM

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