Roofer sued for not honoring 25-year warranty on 13-year-old shingles

Andrea Dearden Jan. 12, 2012, 6:46am



A Belleville couple accuses a St. Clair County roofing company of refusing to replace a faulty roof, despite a written warranty offered by the installer.

Paul and Cathy Roesch filed a lawsuit against Geissler Roofing Company Inc. and its owner, David Owen, on Jan. 3 in St. Clair County Court. The couple accuses the roofing company of failing to honor a 25-year warranty on a roof installed 13 years ago.

The Roesches say they signed an agreement with Geissler in June 1999. According to the complaint, the couple entered into a written contract with the company and agreed to pay $8500 for removal and replacement of a roof on an outbuilding on their South 52nd Street property in Belleville.

The couple says Owen promised to install "heavy 25 year warranted shingles" on the outbuilding. They say the contract also specifically stated that "all material is guaranteed to be as specified." Owen allegedly promised to have the old roof off and the new roof installed by October 1999.

In August 2008, according to the complaint, the Roesches noticed the shingles on the outbuilding were beginning to warp and curl. The couple says they reported the problem to a Geissler employee who told them it was only a "cosmetic" problem and shouldn't affect the life or effectiveness of the shingle.

The Geissler rep also allegedly sent one of the warped shingles off for testing and determined it was made by a company no longer in business, making any warranty on the product unenforceable.

In September 2011, The Roesches say a home inspector examined the damaged roof and determined it would need to be replaced in about a year. The couple says Geissler refuses to honor the 25-year warranty allegedly agreed upon in 1999.

The couple accuses Geissler and its owner, David Owen, of violating the Magnuson-Moss Trade Commission Act and the Illinois Consumer Fraud and Deceptive Business Practices Act. They also accused the company and Owen of negligence, breach of contract, fraudulent misrepresentation, negligent misrepresentation, breach of express warranty and breach of implied warranty of fitness.

The Roesches say the allegedly faulty roof has diminished the value of their Belleville property. They say they've also been forced to pay higher homeowner's insurance and repair costs. They are asking Geissler and Owen to pay actual damages, attorney fees and court costs.

Attorneys Joel P. Green and Lori E. DaCosse of O'Fallon are representing the Roesches.

St. Clair County Circuit Court Case 12-L-2.

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