Dealing with a roof leak in your home or apartment complex can be frustrating and costly. You might wonder if the leak is a construction defect. Roof leaks often qualify as defects under Washington law when they result from improper construction, materials, or installation.
Understanding when a roof leak falls under the category of a construction defect helps you understand your rights and the next steps to take.
What qualifies as a construction defect?
Under Washington law, a construction defect occurs when the work doesn’t meet building codes, safety regulations, or contract terms. A roof leak becomes a defect when it results from poor construction, such as improper installation, the use of substandard materials, or failure to follow required building codes.
If the builder or contractor didn’t install the roof correctly, the leak could qualify as a construction defect.
How can roof leaks develop?
Roof leaks can happen for several reasons. Poor installation of roofing materials like shingles or flashing is a common cause. Other issues, such as inadequate ventilation or improper sealing, can also let water infiltrate. If the contractor or builder didn’t follow proper construction methods or used cheap materials, the roof leak may be due to a construction defect.
Leaks caused by regular wear and tear or damage from an external event, like a storm, typically don’t qualify as defects. However, if faulty construction caused the leak, you may have the right to ask the builder or contractor to cover the repairs.
What does Washington law say?
In Washington, homeowners and property owners have legal protections when they face construction defects, including roof leaks. Under the Washington State Residential Construction Defects Act, you can file a claim if the defect surfaces within eight years of the building’s completion. This gives you time to address issues that come up after construction.
Resolving roof leak issues
If you suspect a roof leak results from a construction defect, document the issue and contact the builder or contractor who performed the work. If they refuse to fix the problem or if the leak is severe, you may need to explore legal options.
Washington law offers remedies for homeowners and property owners dealing with construction defects, including roof leaks. Knowing your rights will help you protect your property.