Contractor Liability

A popping or cracking roof may indicate serious defects in the roof structure. The contractor may be liable for this. The supplier of building materials may also be held accountable.

Common causes

A contractor is obliged to perform work at least carefully and in accordance with the rules of proper and sound workmanship. This means the roof structure must be free of defects and must not cause excessive noise disturbance. When roof panels or insulating roof elements start to u0022worku0022 excessively due to heat, cold or moisture, the cause may lie in (i) incorrect installation of roof panels, (ii) insufficient fixing of roof elements, (iii) faulty connections between materials, (iv) structural defects in the roof, or (v) use of unsuitable materials.

Regulations not complied with

One of the causes of the popping noises is poor installation of the roof elements. It is possible that the roof elements were not installed according to the specifications. This can result in the panels not being properly secured and therefore being able to move and shift.

Technical and Legal Investigation into Cracking Roof Panels

To determine who is liable for a cracking or popping roof, technical investigation is often necessary. This typically includes examination of the roof structure, installation of the roof elements, building drawings and applicable installation instructions. Correspondence with the contractor and supplier may also be relevant. It is usually advisable to involve a lawyer at an early stage, so that the right questions are addressed in the investigation report. This improves the prospects of success in your case.

Our approach

We understand that bringing in a lawyer feels like a big step. Our lawyers work with a clear, straightforward approach and will guide you through each stage, so you know exactly what to expect.

1. Introduction

You contact us. If we can help with your case, we’ll send you a letter of engagement with a cost estimate for (i) reviewing your file and (ii) providing legal advice.

2. Map current (right) position

If you approve the cost estimate, we will review your documents and provide advice on your prospects of success, along with any tips to strengthen your case and a cost estimate for the next steps.

3. Execution

Subsequently, we (usually) enter into negotiations with the other party. We explore the possibility of reaching a settlement, and if that fails, we bring the matter before the court.

More about our approach

Lawu0026Pepper Advocaten

Does your roof keep cracking and popping? Get in touch with one of our specialist lawyers with no obligation. We’ve been active in this field for years and have extensive experience holding contractors and suppliers liable.

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Cliënten over hun ervaringen

Van begin tot eind keurig geholpen. Ze luisteren goed naar je verhaal en wensen en geven je ook advies wat haalbaar is en wat niet. Jip bedankt voor de samenwerking!

Wouter

We are very satisfied with the professional service provided by Law&Pepper Advocaten. Jip van Vlokhoven recently assisted us in a legal dispute concerning the purchase of our home (cracking roof panels). Jip possesses excellent specialist knowledge, works accurately and acts decisively. Moreover, Jip is approachable and pleasant in communication, which we found valuable. We therefore wholeheartedly recommend Law&Pepper Advocaten.

Thom

Frequently asked questions

When is the contractor liable?

If the roof panels have been installed incorrectly or if defective materials have been used, the contractor is liable. The same applies if he has failed to comply with the applicable building regulations.
What if the contractor is no longer responding or has gone bankrupt?

Then you may sometimes be able to claim through insurance (for example, via a guarantee or warranty scheme) or approach the manufacturer if there is a product defect.
What does it cost to hold the contractor liable?

The initial legal assessment is often free or available at low cost. If the case proceeds, costs can sometimes be recovered from the opposing party.
What if the contractor says it's 'normal'?

It is not for a contractor to decide what is normal. That is why it is often advisable to have an acoustic survey / sound measurement carried out to investigate the popping noises. It is advisable to have a lawyer review the briefing of the expert, so that the right questions are asked to and answered by the specialist.

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