March 26, 2025

Kelley Kronenberg Successfully Resolves Roofing Construction Defect Claim

Kelley Kronenberg’s Construction Law Team, led by Division Chair Gary Brown, Partner John DeJager, Attorney Todd Haskel, and Legal Assistant Yahima Gonzalo, successfully negotiated a substantial reduction in a six-figure roofing construction defect claim for CMM Roofing, Inc., in Charlotte County Circuit Court. In just eight days, the team reduced the claimed damages by approximately 60%, securing a favorable resolution for the client. 

The dispute arose from allegations of construction defects following a roof replacement, with the plaintiffs claiming that the improper installation of ridge vents and roof flashing led to water intrusion and interior damage. The plaintiffs asserted multiple causes of action to include breach of contract, breach of express warranty, negligence, violation of Florida Deceptive and Unfair Trade Practices Act (FDUPTA), unjust enrichment, and violation of the Florida Building Code (FBC). Specifically, the plaintiffs alleged roofing defects falling under FBC R903, arguing that CMM failed to meet the required weatherproofing and flashing protections, purportedly causing water intrusion damage to their dining and living rooms. However, the documentation suggested that any alleged water intrusion was minimal, did not support the extent of the damage claimed, and was likely attributable to damage incurred from Hurricane Ian. 

Despite receiving the case file just days before a scheduled mediation, Kelley Kronenberg’s team quickly developed and executed a strong defense strategy. The team successfully demonstrated that the ridge vent replacement was not included in the contract’s scope of work, and therefore, CMM had no contractual obligation to replace or modify the vent system based upon the plaintiffs’ own directions to preserve the vents. Additionally, that even if the ridge vent installation had been covered under the contract, the roofing work performed by CMM met the applicable FBC and industry standards. 

Moreover, the team argued that external environmental factors, rather than alleged construction defects, contributed to the plaintiffs’ water intrusion damage. Further strengthening the defense, the team established that the plaintiffs’ failed to mitigate their damages, after failing to provide any notice of active water intrusion until fourth months after the initial water intrusion event, allowing conditions to worsen unnecessarily. 

Through strategic negotiations, Kelley Kronenberg secured a significantly reduced settlement, delivering substantial savings for the carrier. This outcome was achieved in close collaboration with CMM’s personal counsel, Andrew Lannon, and claims adjuster, Blake Puente. 

We appreciate the trust placed in Kelley Kronenberg’s Construction Law team by Golden State Claims Adjusters. 

Learn more about Kelley Kronenberg’s Construction Law Division here.