Attorney
Discovering that your new roof is leaking, improperly installed, or not up to code can be frustrating and expensive. In Florida, where storm resistance and building code compliance are critical, a bad roofing job can put your home and finances at serious risk. So, what recourse do you have if your roofing contractor delivers substandard work?
At Boatman Ricci, we help homeowners across Naples, Fort Myers, and Florida hold contractors accountable when roofing jobs go wrong. This blog will walk you through your legal options and explain how to protect your rights.
Signs of a Bad Roofing Job
Before taking action, it’s important to identify clear signs that the roofing work is defective. Common red flags include:
- Leaks or water stains shortly after installation
- Shingles that are misaligned, curling, or missing
- Improper flashing or underlayment
- Unsealed vents or poor workmanship around chimneys and skylights
- Failure to comply with Florida Building Code requirements
- Excessive debris left behind or property damage
If you suspect your roofing job was done improperly, document everything with photos and consider hiring an independent roofing inspector or licensed contractor to assess the situation. You should also take the following steps as you review your potential claim.
Step 1: Review Your Roofing Contract
Your first course of action is to review the terms of your contract with the roofer. Look for:
- Warranties (both workmanship and manufacturer)
- Scope of work
- Completion deadlines
- Payment schedule
- Dispute resolution terms (e.g., arbitration clauses)
Many roofing companies offer a workmanship warranty, and if you’re still within that period, you may be entitled to a free repair.
Step 2: Notify the Contractor in Writing
Florida law encourages homeowners to give contractors the opportunity to correct the problem before pursuing legal action. Send a written notice detailing the defects and requesting prompt repairs. Be sure to:
- Include photos and inspection reports (if available)
- Send the letter via certified mail or another trackable method
- Keep a copy for your records
If the contractor is responsive and willing to make things right, this can often resolve the issue without further legal steps.
Step 3: File a Complaint or Claim
If the contractor refuses to correct the problem, you may have several formal recourses:
File a Complaint with the Florida Department of Business and Professional Regulation (DBPR)
If the contractor is licensed in Florida, you can file a complaint with the DBPR. This agency regulates contractors and may investigate the issue or take disciplinary action. Whether or not your claim falls under the jurisdiction of the DBPR depends upon many factors. While the DBPR regulates contractors, its ability to take action is limited to certain issues. If you believe you may have the right to file such a claim, you should consult with an attorney to ensure the DBPR will take action on your claim.
File a Claim Against the Contractor’s Bond or Insurance
Licensed contractors are generally required to carry liability insurance and may also be bonded. You may be able to recover damages by filing a claim against their bond or insurance policy. It is important that such a claim is filed timely and properly. You should likely consult legal counsel to assist with this process.
File a Lawsuit for Breach of Contract or Negligence
If the contractor failed to meet the terms of your agreement, you may be entitled to damages for:
- Cost of repairs or full roof replacement
- Water damage or mold remediation
- Temporary housing if the home became uninhabitable
- Attorney’s fees (in some instances under Florida law)
Florida courts recognize claims for breach of contract, negligent construction, and sometimes even deceptive or unfair trade practices under FDUTPA (Florida Deceptive and Unfair Trade Practices Act).
Step 4: Consider a Construction Defect Lawsuit
If your situation involves serious structural issues, a construction defect claim may be appropriate. Under Florida’s Chapter 558 process, homeowners must serve a written notice of claim to the contractor before filing suit, giving them a chance to inspect and remedy the issue.
Boatman Ricci can guide you through this process and ensure all deadlines and requirements are properly met.
How to Protect Yourself Moving Forward
If you’re just beginning a roofing project—or planning for the next one—take the following steps to avoid future problems:
- Verify the contractor’s license at myfloridalicense.com
- Request proof of insurance and bonding
- Get all agreements in writing, including scope of work, materials used, timeline, and warranty terms
- Avoid paying in full upfront—structure payments around milestones (such as “dry-in” and final inspection)
- Request lien waivers to protect yourself from subcontractor claims
- Inspect the work regularly or hire an independent inspector
Let Boatman Ricci Help You Enforce Your Rights
Bad roofing work can lead to lasting damage, financial loss, and unnecessary stress. At Boatman Ricci, we represent Florida homeowners in contractor disputes, construction defect litigation, and claims involving shoddy roofing jobs. With offices in Naples and Fort Myers, we’re local, accessible, and ready to help you take action.
Contact us today to schedule a consultation. Don’t wait—your home deserves protection, and your investment deserves justice.