Rolled roof or rubber roof?

First question:
The contractor who replaced my roof (a complete tear off) did not reinstall the guttering when he roofed my house. I insisted that the guttering was reinstalled (it was only about 3 years old, and I had specifically indicated that I expected it to be reinstalled, which I assumed was an understood part of the job.) I refused to make the final payment until it was completed. He sent a worker to reinstall it after the job was done, but the guttering was not properly installed and it leaked behind the gutter. To make a long story short, I had a difficult time getting anyone else to fix the gutter, and in the meantime the basement has been damaged by the water that has flowed into the basement, and structural damage has caused the plaster walls to developed some cracks. It is an old basement (110 year old house with dug out basement and limestone/brick walls). The estimate for the repair of the basement is more than I owe the roofer, and I haven’t even checked into repairing the plaster walls, as I can do that when I paint. My question is: shouldn’t he be held liable for the damage to the basement? And in addition to the expenses I have incurred to get the guttering fixed, am I entitled to any compensation for my time??
Second question:
On my proposal for a new roof, the contractor indicated that he would use a “AWAPLAN rubber roofing on flat roof.” He told me that the insurance company indicated that they would not pay for a “rubber roof,” but the contractor told them that to replace exactly what was damaged, he would have to replace a copper roof, which was on the roof before the tree limb put a hole in it. The insurance company agreed to the “rubber roof.” When the roof was completed I was concerned because the flat roof was lapped at the edge (not half lapped) and the section that is next to the house was in two sections, as if they ran short and used the end of the first roll and the start of a new roll. The roof has a granular cover, as the Tamko website says is one of their products, but it is looks like the rolled roof was sealed with a sealant. From information on one website, I got the impression that the roofing should have been sealed with heat, but that the equipment to seal the roof that way is expensive. Also, the water flowed onto the flat roof from behind the guttering, in a similar fashion that damaged the basement. It also leaked and damaged the ceiling of the flat roof. I had another contractor look at it and he said it appeared it wasn’t flashed, so he flashed it, which channeled the leak in another direction; he then came back and sealed/tarred the roof at the wall. So far so good, but we haven’t had much rain lately. My question is: Is the AWAPLAN considered a “rubber roof”? Did he install the rolls properly to qualify it as a rubber roof? What is the consequence to a flat roof that had to be flashed and sealed after the fact? What should I expect as compensation and what should I have to pay? I have not made the final payment, and it looks like it will probably have to go the legal route to get resolved. Any and all professional advice would be appreciated. :?

god. i stoped readin after a few lines.

i dont like gutters.
but if ya need to have them up there then get
a gutter guy.
roofers have never been good at gutters.

good luck


First … We need pictures of what you are talking about. and you need to read the contract you signed to see if reinstalling the gutters was part of the deal. Most roofers wont do it. Some will. Since he actually sent somebody out tells me it might be in there so it sounds like he is on the hook. You could probably go after his bonding or insurance to pay for any damages caused by his performance, (if he has any) you will need to prove the damages were caused by him so an arbitrator or a bunch of written statements by other roofing and gutter guys would become necessary. If he doesnt have any insurance you need a judgement.
Second … You need to get estimates on damage repairs including solving your waterproofing problems before you consider any legal action. If your roof is truly a “rubber roof” (EPDM) flashing after the fact although not ideal … if done by a professional will function fine. Some EPDM’s are chemically sealed at the laps and patches and others are heat sealed. Need Pictures.

Sorry to hear it.

As for awaplan being a “rubber roof” is not correct. It is an sbs modified bitumen. Some call it a "rubberized product but tamko does not use rubber or rubberized to describe this product. Now as for using an expensive tool to heat it depends on which awaplan they used. only heat weld is approved to be installed with a torch. all the others are to be applied with either hot asphalt or cold app cement.

as for torching it most people use a single head, hand held torch. Some larger jobs make it neccisary to use a dragon wagon which is not too expensive- about $1500.

Sounds like bullchit to me.

I’d love to hear the roofers side of the story.

it is not a rubber roof at all. no rubber that i know of has granules. what you have is asphault based. if you sent a guy up on a “rubber” roof to put tar (which is asphault based) it would eat the rubber. also if the guy that tarred the wall didnt use fibermesh it will dry out and crack with time.

back in the day we used to burn “rubber” down all the freakin time.