If our company installed shingles on a customer’s house 6 years ago and were possibly installed incorrectly, are we responsible for anything?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If our company installed shingles on a customer’s house 6 years ago and were possibly installed incorrectly, are we responsible for anything?

We gave them 1 year labor warranty and the shingles had 30 years manufacturer warranty. There is unknown source of the problem on the roof right now.

Asked on March 19, 2014 under Business Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not your company remains liable six years after the shingles were installed will  depend on whether the claims raised in the lawsuit are barred by the statute of limitations.

If the lawsuit claims breach of contract, your company is liable if the contract was in writing because the applicable statute of limitations in IL is ten years; however, if the contract was oral, your company is not liable because the applicable statute of limitations in IL for breach of an oral contract is five years.

If the lawsuit is claiming negligence, your company is not liable because the applicable statute of limitations in IL is five years.

A lawsuit is barred if it is filed after the statute of limitations has expired. You can assert the statute of limitations as a defense.

A claim of breach of warranty would still be applicable since the manufacturer's warranty is thirty years.  If you are held liable under that claim, you can sue the manufacturer for the amount of the judgment against you.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption