# Insurance claim? Who's at fault?



## NYSPPC (Jan 8, 2014)

Hey all new to the forum. I have a question for my fellow vendors. This is the first time I have run into a potential insurance claim and wanted your input and experiences. We have been very busy so I decided to sub out a simply roof tarp and drain fix to a roofing contractor. Well he replaced the down spout on this huge flat roof and tarped the tared all the seams ect. Our client did an inspection and found the roof leaking after heavy snow then the warm up came and heavy rain. The basement also flooded to the tune of 3 feet from the roof drain. Now I am faced with a possible insurance claim as the client just installed 2 new 40,000 btu boilers in the now water damaged basement. Who eats this? Me or the roofer who did the work. My state is known as a (last touch state) meaning whomever last worked on the property is on the hook for anything that may happen. I know assine but that's NY. I have since withheld payment to this guy and fixed the drain and did the tarp right and pumped the basement all free of charge of course. Now I have the issue of who is it for the water logged boilers. Any thought or advice is welcome. Thanks


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## BRADSConst (Oct 2, 2012)

NYSPPC said:


> huge flat roof and tarped the tared all the seams ect.


Yikes, tarps generally don't last very long and I would never use one on a flat roof.


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## BamaPPC (May 7, 2012)

Remember this. Anyone can sue anyone for anything. I can file a suit today stating that your cow ate my pea patch. You don't have a cow, I don't have a pea patch. Doesn't stop the lawsuit from being filed and you having to defend yourself.

That said. If you feel the roofer caused you all this grief...yep, file a suit and try to make him pay. And I'd get a fee for all the free work you had to do because of his shoddy work in addition to any damages they find you liable for. And your insurance deductible (if your insurance has to pay)

Small claims court is made for just such lawsuits. Don't have to have a lawyer. Just enough evidence to convince a judge you have been wronged and how much it cost you.


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## GTX63 (Apr 12, 2012)

I will guarantee a tarp until it tears or blows off.
Putting one on a flat roof does about as much as pulling your tshirt over your head before Mike Tyson starts punching you.

I'm not clear on the "last one there is it" rule. Your in NY (I asked you about CCW on another thread) ? I can only speak for my areas; we don't place guarantees on any temp repairs like tar, tarps, etc. It is on our bids and invoices and I learned it the hard way years ago. If you did the work a week ago, I can see there might be a problem, but if its been past a month or more then I'd have to ask the judge how long a temporary repair is supposed to last?


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## Racerx (Aug 29, 2012)

GTX63 said:


> I will guarantee a tarp until it tears or blows off.
> Putting one on a flat roof does about as much as* pulling your tshirt over your head before Mike Tyson starts punching you.*
> 
> I'm not clear on the "last one there is it" rule. Your in NY (I asked you about CCW on another thread) ? I can only speak for my areas; we don't place guarantees on any temp repairs like tar, tarps, etc. It is on our bids and invoices and I learned it the hard way years ago. If you did the work a week ago, I can see there might be a problem, but if its been past a month or more then I'd have to ask the judge how long a temporary repair is supposed to last?


I just snorted 7up!!:thumbup::thumbup::thumbup:


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## Wannabe (Oct 1, 2012)

The "last touch" is normal in most States. As an Ins Adj we see contractors making repairs on a small section of roofing being held liable for the entire roof since they were the "last to touch" thus the reputable roofers that will do repairs on "bad/old age" roofs are dwindling. Our Restoration company will NOT do a roof repair without a full inspection before we assume the liability. 

With that said: I would say "to the Service Co YOU are the last to touch and they will file a claim under your policy and it is either up to your Ins Co to subrogate against your hired roofer...assuming you are a licensed Gen Contractor and you had an insurable interest in the property to be able to hire a sub contractor (most hired subs get out of paying because you did not have a transferrable insurable interest in the property UNLESS you had a contract signed by your hiring party ie..service company).
We ALWAYS required the Service Company to sign OUR contract when we knew a sub was going to be needed. Reminds me of when the Tornado ripped through Minneapolis a few yrs back...Huge trees were like "pickup sticks" and we had to hire cranes to pickup entire trees off crushed roofs..we had a National begrudgingly sign our contracts..Good thing since HUD came back and filed claims for yard damage from root balls and equipment ruts.. We skated since we had our contract signed but the National paid $1000's in landscaping.. 

Protect yourself the best you can 


2 boiler systems will exceed the small claim courts jurisdictional limit. I would consult an atty and discuss. 

Good Luck.


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## JDRM (Apr 16, 2012)

We always repair flat roofs, never tarp.


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## Ohnojim (Mar 25, 2013)

*I never tarp roofs under a 3/12 pitch, and I never tarp roofs with tarps*



JDRM said:


> We always repair flat roofs, never tarp.



I always install synthetic underlayment, like NOVA SEAL or ROOF SHIELD in accordance with the manufacturers instructions. It's cheaper better easier to handle, no furring strips to fall on the neighbors car, and I charge a little more. I have been using the same 10 SQ. $139 roll since Hurricane Sandy storm inspections and have billed thousands of dollars on that roll already. Even walking on flat roofs is a liability.


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## NYSPPC (Jan 8, 2014)

Thanks for the few good replies. Normally we absolutely refuse to tarp flat roofs as well in this case the client in there all knowing desk wisdom insisted we do it. We bid to replace not tarp. Anyway problem has been identified and resolved. When the 3rd party roofer drove the slip tube for the drain into the existing drain pipe he cracked the pipe causing all our issues. Heavy rain and melting snow had nowhere to go but to the basement and voilia flooded basement. His insurance is going to cover it as we had a contract (wasn't born yesterday) that relieved us from liability as NY is a last touch state and he was the last to touch it before the flood. Thanks again. Always a 1st for everything. Guarantee it's the last!! WHAT A PITA! And wouldn't you know we got a bid approval to replace the entire roof of course.


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