Trent Cotney, FRSA General Counsel, Cotney Construction Law
We have received several member calls recently regarding degradation of TPO roofs caused by heat exposure. The majority of these projects involved a lower-tier roof with a reflective window or metal panel wall system abutting the roof. This article will explain the issue and provide members with a provision to include in contracts where reflective vertical wall systems exist.
Although the Sunshine State is both beautiful and warm year round, the constant sun affects the integrity of TPO roofs. As the sun beats down on roofs day after day, we are seeing TPO failing and warranty claims or disputes arising out of the failure. The prolonged exposure to solar rays and temperatures above the normal ranges (especially above 160°F) lead to premature aging of the membrane, causing exposure of the reinforcing scrim, thereby allowing water into the roof system and ultimately into the building. In addition to the heat exposure from direct solar rays, the majority of these projects also include a store front window wall or vertical metal panel wall system that abuts the roof. We believe the increased heat exposure to be primarily from a combination of prolonged solar ray exposure and the increased and concentrated heat from reflective surfaces.
The membranes most affected are .060 white TPO. However, there has also been failures with some .045 systems in Florida. Systems that have experienced failures require warranty repairs, if water damage occurs in the building, then roofing contractors may also have to defend against insurance claims.
Many of the roof failures involve TPO products manufactured more than five (5) years ago and we believe that many manufacturers implemented a formulation change in recent years to allow for increased heat exposure.
If you submit a proposal for a TPO roof system, make sure you take into account vertical reflective wall systems. In addition, there are legal provisions that can be added to your agreement to minimize your company’s liability. Here is an example of a disclaimer that can be used to cut against potential liability:
Roofing Contractor is not a design professional and has not evaluated the impact of any design elements involving reflective vertical window or wall installations. Roofing Contractor disclaims all liability arising out of or relating to reflective vertical window or wall installations that impact or affect the performance or design of the roofing work provided by Roofing Contractor.
Provisions such as these may help limit your liability for TPO failures due to excessive heat exposure.
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.
Trent Cotney is an advocate for the roofing industry, General Counsel of FRSA and a Florida Bar Board Certified Construction Lawyer. For more information, contact the author at 866-303-5868 or go to www.cotneycl.com.
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