Why and for How Long am I Liable?

Understanding liability in roofing before and after the warranty period is not always as simple as it sounds

In my 14 years of practice in construction law, I have seen a common misconception that liability is limited to the warranty terms and period, which is not the case. Many clients could have avoided exposure to certain liabilities had they sought legal counsel prior to entering into the contract.

For example, I’ve had clients who thought their liability was limited to a two-year warranty and then found out, when a dispute arose, that they were liable for a claim brought six years after they completed the roofing work.

IRE Seminar Session

Title: “Why and for How Long am I Liable?” Liability in Roofing, Before and After the Warranty Period
Speaker: Leanne Prybylski, Partner/Member Shareholder at Hendrick, Phillips, Salzman & Siegel, PC
Date: 9:45-10:45 a.m., Thursday, Feb. 20
Room: 217CD

I’ve also had a client realize after a dispute arose that the principal who signed the contract accepted personal liability under the contract. While you may not be able to completely limit your liability, it is important to understand why you may be liable and what you can do to limit your exposure.

Liability can also be applied more broadly on an active construction jobsite, where several contractors, subcontractors, designers, engineers and others play a significant role.

This session will explore the types of liability in roofing and how long contractors, manufacturers, engineers, and designers may be liable.

Additionally, roofing contractors will learn why an owner or general contractor may bring a claim against them after their one-year or two-year warranty period has expired.

WHAT WILL YOU GET:

The types of claims a claimant may bring against a party
Statutes of limitations and repose
How a contractor or manufacturer could inadvertently extend the time a claimant has to bring a claim
How and why an individual could be found personally liable
How a party may limit its liability.