How do I make a case against a roofing company for a defective product?

UPDATED: Aug 3, 2011

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How do I make a case against a roofing company for a defective product?

I replaced my roof 4 months ago and there are 2 problems with the shingles: a defect called “color registration drift”, and an overall washed-out color that is visibly lighter than the one I was expecting based on the sample. The company acknowledges part of the drift as a defect, but not the color, which they claim is “on spec.” I am negotiating with them right now and I would like the entire roof replaced. I would like to know whether I have any cause against them at all since they deny responsibility for these other problems.

Asked on August 3, 2011 New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may have a cause of action against them, if they provided either a defective product or one that did not match the specifications you and they agreed to. Such a cause of action could sound in contract (i.e. the breached the agreement by not providing what you paid for), negligence (e.g. they were careless in what they installed), and/or fraud (basically, they lied about what you'd get). If a fraud case can be made out, and the situation brought under NJ's Consumer Fraud Act (CFA), you may be able to get enhanced or additional damages (compensation). It would be worthwhile for you to consult with an attorney (many, like myself, provide a free initial consultation) to see whether you may have a cause of action under the specific facts of your case. Good  luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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