Roofer wants to avoid liability if it rains during new roof install and water damage results

Contractor said it will be my call when we begin work based on the weather and that his company will not be responsible if it rains during the roofing process and as a result there is water damage.

Is this normal?

He is going to remove an old worn out roof, and replace it entirely.


I won’t normally install a roof if the weather isn’t clear for one or two days depending on the job. Ask them to use a synthetic underlayment like Rhino Roof that will help keep your decking dry.

I have never heard of a roofing contractor with that type of stipulation and I am not entirely sure it’s legal (consult a lawyer on that).
A good roofing company will know how to work around the weather. For instance, if rain is coming in the afternoon then open up part of a roof that can easily be closed before rain in the morning. Never rely on underlayment over night through rain, unless the roof is straight, no valleys ect., and it’s all ice and water, even then I would still tarp the open part. My standard practice is what I tear off needs to be shingled before the day is over. I work around rainy weather a lot and very rarely do I have issues.
Good luck

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Any roofers that are worth anything know how to deal with inclement weather and drying in a roof.

We carry liability ins just in case our best efforts fail for some reason or another.

That being said, it’s not a good idea to open up a roof if you’re looking at the next 3 days being nothing but rain…

That’s not normal, not right and probably not legal. Your home insurance company however would be the one that gets to actually fight that fight, should the bad thing happen. Do double check your contract: unless this is specifically mentioned as an exclusion, the contractor is generally on the hook for consequential damages.

That roof should be more secure against leaks the moment he starts removing the roof regardless of rain.
He should feel confident in keeping it watertight through out the project or he shouldn’t get the job.

I wouldn’t trust that guy for anything in the world.

Get a copy of his general liability insurance and have the insurance company send a copy of their insurance with your name and address written specifically at the bottom of it.
Many roofers general liability insurance policy’s DONT cover rain damage during the replacement process.
Make sure his does or don’t let him do the roof.
Now normally I wouldn’t ever make a fellow roofer work harder than he should have
But the fact he wouldn’t take responsibility for the rain leaves much concern.