HOTEL ROOF  DESIGN DEFECTS

TEMPORARY HOTEL ROOF REMEDIATION

During its first winter (2007-2008) of operation, the resort hotel project experienced large accumulations of ice and snow. Due to the roof’s design defects, pedestrians were subjected to falling ice and snow.  As a result, in the fall of 2008, Holloway Consulting’s client, the Owner, needed to perform temporary roof remediation work, the design for which is contained in a proposal request to reduce the potential for falling snow/ice. The remedial roof heat tracing, breaker and panel board work contained in this proposal request was performed by the roofing and electrical contractors. The Owner also needed to pay to perform additional ice/snow removal and maintenance during the winter of 2008-2009.

PERMANENT HOTEL ROOF REMEDIATION

In January 2009, as a result of continuing ice and snow and newly discovered falling roof tile concerns, the Owner retained a consultant to initiate the development of long-term roof repair options.  As a result, the Owner retained a consultant to prepare remedial roof designs and to monitor the roof remediation construction work.

The Owner has taken a measured, reasonable, step-by-step approach to both their temporary and long-term roof repairs. However, while certain repairs of a permanent nature have been performed, the roof might not perform as well as it would have had the architect and its consultant originally designed the roof correctly with asphalt shingles rather than concrete tiles. Therefore, the cost of a replacement asphalt shingle roof is included by the Owner as a compensable construction damages claim against the architect. Other future Owner options and damages claims could include modifying the roof structure to reduce the current pitch, and/or incorporating roof drop zones into non-pedestrian areas of the property.

The architect has argued that the roof does not suffer from design defects but rather from construction defects caused by the roofer.

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The Holloway Consulting Group – Construction/Design Defects Experts
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