WINDRIVERROOFS.COM

An information site regarding the roofing problems in and around Wind River Estates


Background Information:

  Since at least the year 2000, many of the homes in Wind River Estates have experienced roofing problems.  Specifically, loose shingles, and shingles that lift and blow of with the lightest of wind.  Many of the homeowners venture up on the roof after every storm to replace and repair loose and missing shingles.  Most of the shingle issues involve Pulte and Lennar homes because of the type, brand, and installation of the shingles.  This website is dedicated to providing and informational resource for Wind River Estates and surrounding home owners (Bent Creek).  We hope to keep all of the residents informed about options, and information about the potential legal action against Pulte and Lennar.

OPTIONS

  Here is what I have discovered regarding my options with my roof.  Your options may or may not be similar based on your insurance coverage.  There are several homeowners here that have contacted an attorney together (Thank You Beverly!) to seek out options.  We have several options.  They are:

  1. We can pursue a claim via our home owners insurance (HOI)
    • Claims regarding wind damage are an "Act of God" and your future insurance rates can not go up based on your singular claim
    • If enough people make claims, all home owner's insurance rates in this area will go up for all carriers
  2. We can pursue a legal action
    • Information regarding the legal action is below
    • The cost of the legal action will be $2000 per person (the attorney claims that is 100% out of pocket, although there contract / agreement specified otherwise.  so if you go this route, make sure you have it in writing) if you sign up with the attorney by the 28th of this month.  If you sign up after the cost will be $2500 per person.
    • If you win you are entitled to all of your previous repair costs returned as well as any damage as a result of the "construction defect" will be repaired.  (ie water damage due to leakage, mold, etc...)
    • They are confident and I feel they will do a good job but there are no guarantees.
  3. You can just pay for a new roof or continue to pay for repairs (or DIY) as they come
    • Roofs are running about $200 dollars a square and have been rising drastically in the last year (prices are tied to asphalt which is tied to petroleum and oil and you know what that means).
    • My roof (a 2 story home), I was told was about 35 square.  That puts my cost at $7000.  I will be getting additional quotes.

That about does it for options.  Here is what I am planning on doing.  My HOI has a 1% deductable.  So if my adjuster prices it out at $7000 then I will have to pay approx $2100 and I get a new roof.  No hassle.  If I get a higher adjustment figure for my roof from my HOI then I will have to pay less.

If your deductable is higher, 2% or more, then you should strongly consider filing the lawsuit.

CLICK HERE If you are interested in filing together by the 28th of July and email Ty Timmins with Casterline Law please CLICK HERE


Legal Action Information

  Until recently, Certainteed (the manufacturer of the shingles) had been quietly providing warranty coverage on the shingles and their installation.  As wind of Certainteed's warranty coverage spread, Certainteed decided to "renig" on their warranty via a letter to the homeowners that they had covered previously.  (IF YOU HAVE A COPY OF THIS LETTER PLEASE CONTACT ME VIA THE EMAIL LINK ABOVE AND SEND ME A COPY SO I CAN POST IT HERE ONLINE). 

After finding out Certainteed would no longer honor their warranty, our neighbor Beverly Hubert, decided to contact an attorney regarding her (and our) options.  The attorney informed Beverly of an existing statute that protects homeowners from Construction Defects. 

The Residential Construction Liability Act (RCLA)
click here to read the act in PDF format

Essentially, this act provides protection and restitution to homeowners whose homes have suffered from some type of construction defect.  Like our roofs. 

The Law Firm and our Recent Meeting

Law Firm Information:
Casterline Law

  In our recent meeting on Monday, July 14th 2008, Casterline informed the homeowners present that there was a specific timeline and process that must be followed according the the RCLA. 

  1. An Engineer's Report specifying the problem and "DEFECT" must be provided to the builder
  2. The builder then has approx. 35 days to respond to the notice.
  3. The builder can either offer a solution or deny responsibility
  4. If they offer a solution, then you have the right to deny and return a counter offer and then they can either deny or re-counter and the dance will go on for ... how long???????
  5. If they deny then the courts will be the only other option or drop the suit.

CLICK HERE If you are interested in filing together by the 28th of July and email Ty Timmins with Casterline Law please CLICK HERE

 

I hope this helps everyone...