Roof Defects Attorney for Construction Defect Claims
Roof defects can show up as leaks, soft spots, premature shingle failure, sagging areas, or moisture problems that spread into insulation, drywall, framing, and electrical systems. These issues often trace back to installation errors, poor flashing details, missing underlayment, inadequate ventilation, or materials that fail earlier than expected. Left unaddressed, roof problems can lead to mold growth, structural deterioration, and costly interior damage.
If you are seeing water stains, repeated leaks, or signs of premature roof deterioration, the next step is figuring out whether the issue comes from a product failure, installation errors, or improper roof design and detailing, and whether a roof defects attorney can help you preserve evidence and protect your claim.
Common signs of roof defects include
- Water stains on ceilings or walls
- Missing, lifted, cracking, or curling shingles
- Repeated leaks around chimneys, skylights, and vents
- Ice dams, moisture buildup, or attic condensation
- Granule loss, blistering, or premature aging of roofing materials
How Roof Defects Happen
Most roof defect claims come down to one or more of these categories, design and detailing, materials, workmanship, or trade coordination.
Workmanship and installation issues
- Improper shingle installation, nailing patterns, or fastener placement
- Missing or incorrectly installed underlayment or ice and water barrier
- Poor flashing installation at valleys, roof to wall intersections, chimneys, and skylights
- Inadequate sealing around penetrations like vents, plumbing stacks, and exhausts
- Improper slope transitions or drainage paths that trap water
Design and detailing problems
- Roof designs that do not account for local snow loads, wind exposure, or drainage
- Insufficient ventilation design leading to condensation and accelerated material failure
- Incomplete details at transitions, parapets, and roof edges
- Inadequate specification of materials for the building’s environment
Material defects and product failures
- Roofing membranes that crack, delaminate, or fail prematurely
- Shingles that blister, shed granules, or degrade earlier than expected
- Flashing and fasteners that corrode or separate
- Sealants and adhesives that fail under normal conditions
Coordination failures between trades
- HVAC, solar, plumbing, or electrical penetrations not properly flashed or sealed
- Poor sequencing that damages membranes and underlayment
- Punch list work that creates new openings or breaks existing seals
Who is Affected by Roof Defects
Roof defects affect different stakeholders in different ways, and the right strategy depends on your role and your goals.
Homeowners
Roof leaks and moisture intrusion can damage insulation, drywall, flooring, and framing. Even small, intermittent leaks can create hidden rot and mold. Homeowners also face practical concerns like safety, resale disclosures, and repeated repair costs that never fix the underlying issue.
HOAs and condo boards
For condos and townhomes, roof defects often involve common elements and can trigger widespread damage across multiple units. Boards may need to coordinate inspections, manage resident communications, preserve evidence, and evaluate funding and insurance implications. An HOA also has to consider how repairs and claims impact reserves, special assessments, and long term maintenance planning.
Developers and builders
When roof systems underperform, developers and builders may face warranty claims, project wide remediation planning, and disputes about responsibility between trades. Early evaluation helps clarify whether issues are isolated repairs or systemic failures that require a broader approach.
Contractors and subcontractors
Roofing contractors, framers, siding contractors, and specialty trades can be pulled into defect disputes when leaks appear near transitions, penetrations, or envelope interfaces. Documentation and timely investigation matter, especially when multiple trades worked on the same condition.
Legal Claims Related to Roof Defects
Roof defects can support several types of construction defect claims depending on the facts, the contract documents, and the warranty terms. Common legal theories include:
- Breach of contract when the roof system does not meet the agreed scope, plans, specifications, or performance requirements
- Breach of express warranty based on written workmanship or manufacturer warranties
- Breach of implied warranties where applicable, including habitability and workmanlike construction concepts
- Negligence for careless construction practices or failure to meet standard of care
- Building code violations involving ventilation, flashing, fire ratings, drainage, and installation standards
- Misrepresentation or nondisclosure in situations where known roof problems were not disclosed during sale or turnover
- Insurance coverage disputes when carriers deny or limit coverage for resulting water damage or related losses
In Colorado, construction defect claims can involve specific notice and process requirements. Getting guidance early can help you document conditions correctly, preserve rights, and avoid missteps that weaken a claim, including working with a roof defects lawyer when timing and notice requirements matter.
Why Choose Us for Roof Defects
Roof defect disputes move fast once water intrusion begins. Elkus & Sisson, P.C. handles construction litigation with a practical, evidence driven approach that fits the realities of property damage and multi party responsibility.
Clients work with a team that focuses on:
- Strong early case assessment, including document review and defect specific investigation planning
- Clear guidance on notice steps, deadlines, and risk management for owners and HOAs
- Experience coordinating with engineers, building envelope consultants, and other professionals
- Strategic handling of multi party disputes involving developers, general contractors, subcontractors, and insurers
- Trial ready preparation and disciplined negotiation strategy, built around facts, documents, and credible experts
Steps to Take If You Notice Roof Defects
If you suspect a roof defect, early decisions can affect both repair outcomes and legal options.
- Document the problem immediately
Take dated photos and video of stains, active leaks, wet materials, and exterior conditions. Repeat documentation after storms or freeze thaw cycles. - Create a written timeline
Record when you first noticed the issue, weather events, prior repairs, and communications with contractors, the builder, or the HOA. - Preserve key documents
Gather purchase documents, warranties, inspection reports, repair invoices, HOA governing documents, maintenance records, plans, and contractor proposals. - Avoid destructive repairs before documenting
Temporary mitigation to prevent damage is often reasonable. Full tear outs can destroy evidence unless the work is coordinated and documented. - Limit communications that assign fault
Keep communications factual. Avoid admissions or speculation about causes until an inspection is done. - Coordinate inspections carefully
If multiple parties may be responsible, the inspection process should be organized to document conditions and preserve evidence.
Speak with a construction defect lawyer early
Early legal guidance helps ensure notice steps, documentation, and investigation are aligned with your goals and the requirements that may apply.
Our Roof Defect Attorneys
At Elkus & Sisson, P.C., our team of experienced attorneys is dedicated to helping property owners across Denver, Aurora, Boulder, and beyond navigate construction defect claims. We have a proven track record of success in holding contractors, developers, and builders accountable for defective work and ensuring our clients receive the compensation they deserve.
Donald Sisson
Donald Sisson is an accomplished lead counsel in Denver, CO with many successful outcomes in various areas of practice including complex civil litigation, construction law, real estate litigation, corporate disputes, personal injury, and police defense…
Reid Elkus
Reid Elkus’ representation of his clients ranges from individual and small businesses to very large corporations in several areas of the law. Having litigated a vast array of cases in matters including complex security cases, breach of contract, breach of partnership matters…
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Frequently Asked Questions
How do I know if a roof leak is a defect or normal wear and tear?
A defect may show up as leaks or failures that occur unusually early, recur despite repairs, or appear in multiple locations tied to flashing, underlayment, or ventilation issues. Wear and tear is more typical near the end of a roof’s expected service life. An inspection that focuses on installation details and building science often provides clarity, and a roof defects attorney can help evaluate whether the facts support a construction defect claim.
Are roof defects covered by a warranty or insurance?
Sometimes. Workmanship warranties, builder warranties, and manufacturer warranties may apply depending on the roof type, installation requirements, and timing. Insurance may cover resulting water damage in certain circumstances, but coverage depends on policy language and the cause of loss. A construction defect lawyer can help evaluate these layers without relying on assumptions.
Should we repair the roof before making a claim?
Mitigating active water intrusion is often important to limit damage, but major repairs can erase evidence. A common approach is temporary mitigation, thorough documentation, and an organized inspection plan before large-scale replacement work.
Can an HOA bring a roof defect claim on behalf of the community?
Often, yes—especially when the roof is a common element or the damage affects common areas and multiple units. The right approach depends on the governing documents, the scope of the defect, and the timing of discovery.
How long do roof defect cases take in Colorado?
Timelines vary based on the number of buildings involved, the extent of damage, the number of responsible parties, expert investigation needs, and whether the matter resolves through negotiation, alternative dispute resolution, or litigation. Early documentation and a focused investigation plan can help the process move more efficiently.
Schedule Your Free Case Evaluation
If you are dealing with roof leaks, repeated repairs, or signs that a roof system is failing prematurely, talk with a construction defect lawyer about documentation, notice steps, and practical options. Contact Elkus & Sisson, P.C. to schedule a consultation and get clear guidance on next steps for your home, community, or project.
