A Gold Coast commercial building owner paid a roofing company to install a new roof.
Four years later, water was pooling in the gutters and corrosion was showing.
An independent roofer found the work hadn’t been done properly, and quoted tens of thousands of dollars to fix it. The original roofer pushed back. ezylegal took the roofer to court, and it settled before any hearing.
At a glance
- Problem: A new commercial roof was installed with defects, including a box gutter that held water, incorrect fixings and corrosion.
- Claim against: The roofing company that installed the roof.
- Legal basis: Breach of contract and negligence. The roofer failed to use reasonable care and skill, a breach of its duty of care.
- Result: A negotiated settlement, after the roofer’s own defence admitted key defects.
A roof that didn’t hold up
The roofer finished the job and sent its invoice. A few years on, the owner noticed problems and reported them to the roofer.
The owner got an independent roofing company to inspect it. Its report found:
- the box gutter had been installed incorrectly, so water pooled in it
- corrosion was visible
- the rivets on the flashings were spaced wider than the standard allows
- screws were showing in the middle of the roof sheets
The independent roofer recommended rectification works and quoted for them.
Taking the roofer to court
ezylegal sent the roofer a letter of demand for the cost of the repairs. When that didn’t resolve it, we filed a claim in the Queensland Magistrates Court.
The roofer hired lawyers and filed a defence. In it, the roofer admitted the box gutter had been installed incorrectly and caused water to pool, that the rivet spacing didn’t meet the standard, and that screws were visible mid-sheet. It also admitted our client had suffered loss. Its main argument was that the repair quote went further than it needed to.
The outcome
With the key defects admitted in its own court documents, the roofer agreed to settle. The court case was discontinued without a hearing.
What can I do if a roofer’s work is defective?
You can claim the cost of fixing it from the roofer, as long as you can show the work wasn’t done with reasonable care and skill. Most of the time that means getting an independent expert report.
Roof defects often take years to show up, because they appear only after heavy rain or as corrosion sets in. That doesn’t let the roofer off the hook. An independent report that sets out what’s wrong, why, and what it will cost to fix gives you the evidence you need. Roofers will often argue about the cost of the fix even when they can’t argue about the defects.
If you’re facing something similar
If your roof is leaking, pooling water or corroding:
- take dated photos of the problem, especially after rain
- report it to the roofer in writing, and keep their replies
- get an independent roofer or building inspector to report on the cause
- get written quotes for the rectification works
- keep your original contract and invoices
Get advice early, because time limits apply. Read more about property and building disputes.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.