Trent Cotney, Cotney Construction Law, LLP
Most roofing contracts account for the replacement of bad decking. However, it is difficult to determine what percentage of decking may need to be replaced on a job. When estimating a roof, the conditions of deck and substrate are often unknown. Core and infrared testing may assist in quantifying potential deck problems but rarely does a roofing contractor know the full extent of damage until the prior roofing system is removed. Therefore, roofing contractors
should think proactively about ways to limit their liability for deck replacement.
Most contracts include a time and materials payment provision to account for replacement of decking as needed. These provisions identify a set price per square foot or otherwise provide a calculation to determine the cost of
replacement based on the number of sheets of plywood replaced. Often, contracts do not go far enough to protect roofing contractors from some of the common issues they may encounter in the field. For example, most clauses leave
roofing contractors open to a costly issue that may arise involving replacement of decking that has been damaged by the removal of self-adhered underlayment.
Removing self-adhered underlayment without damaging the decking is often quite difficult and expensive. Roofing contractors should look to protect themselves from this risk by including a contract provision that provides for this contingency.
An example of this provision is as follows:
Customer acknowledges that Contractor may need to
remove and replace decking during the course of repairs.
Contractor may also need to replace decking in the event
self-adhered underlayment or other materials applied to
the decking may make the removal of the decking impossible
without damage to the deck. Customer agrees to pay
Contractor __ per sheet of plywood replaced without
the need for a written change order.
Obviously, the foregoing provision applies to plywood decking but it can be modified to account for other types of roof decks. This provision mitigates the risk the roofing contractor may face due to the unknown conditions of the deck or substrate. In addition to enhancing your contract provisions to account for the risk, we recommend detailed photographic evidence showing the damage to decking that can be used to justify the additional expense to the customer.
Remember, your contract is a living, breathing document. Consider whether your contract addresses the issues you face in the field and properly insulates you from problems that result. Keep in mind, deck replacement can turn an otherwise profitable job into a net loss for your business if you are not contractually protected.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Cotney Construction Law LLP is an advocate for the roofing industry, General Counsel of FRSA, NWIR, TARC, TRI, RT3, WSRCA and several other local roofing associations. For more information, contact the author at 866-303-5868 or go to www.cotneycl.com.
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