Storm damage to roof. Who is liable?

[patp]

We have solar panels fitted and underneath them is some flashing that looks like a rubber type material. It has lifted and is flapping in the wind. They have been fitted about a year or so.

 

I called the roofer who, in conjunction with the solar panel supplier, fitted the panels. He looked at the problem and stated "that's the trouble with that stuff". He has said he will return to sort it out.

 

Chris has said to him that it would be better done in lead and he agreed and offered to price up the job for us. He is, generally, a good bloke.

 

Where do we stand over liability? I asked the roofer and he says he thinks we are not covered from the solar panel side because it is "storm damage".

 

We have public liability insurance on the site but not any other cover. Funnily enough I was just researching house and contents insurance. Too late  

 

 

[JohnMo]

After about year and being self insured, I think the cost may be down to you. But check the solar company warranty etc.

 

 

[joe90]

Even lead In storm conditions can lift but generally heavier so less likely, I would want to stick any rubber membrane down if it were me, glad your roofer is a “good bloke” ?

[ToughButterCup]

38 minutes ago, patp said:

... Where do we stand over liability? ...

 

It seems the answer is clear. You have no relevant insurance cover; so you are responsible.

 

Its not all bad..... The problem as described is not major. The money saved by not having an insurance policy, will count towards the cost of repair.

[patp]

Thanks folks. Next question is - house insurance?

[ProDave]

3 hours ago, joe90 said:

Even lead In storm conditions can lift but generally heavier so less likely,

Indeed.  the lead flashing around my chimney flue, one corner has folded up in the gales.  When the weather gets better I need to get up there to flatten it down again and stick it down with something to stop it happening again.

[Johnnyt]

Buildings insurance normally includes fixtures and fittings and it is most usual for an insured peril to be storm.

Unless there is a a specific exclusion for solar panels in the policy wording.

If no specific exclusion and you have difficulty, i would remind your insurers of the principle of contra proferentem which in grey areas suggests the benefit of the doubt rests with the insured.

[Roundtuit]

7 hours ago, patp said:

We have public liability insurance on the site but not any other cover.

 

Not sure what stage you're at, but no self-build insurance??  I couldn't imagine investing the time, effort and, more importantly cash without cover.  I hope you get your flashing sorted ok, but I'd seriously look at getting your investment insured!

[patp]

19 hours ago, Roundtuit said:

Not sure what stage you're at, but no self-build insurance??  I couldn't imagine investing the time, effort and, more importantly cash without cover.  I hope you get your flashing sorted ok, but I'd seriously look at getting your investment insured!

Well, I thought I was insured your honour  What I took out turns out to be public liability insurance. I may just ring up and check though because the last time I spoke to them they increased the value of the insured property in line with current costings.

 

Turns out the "nice bloke" roofer is coming round to fix it down free of charge  At the same time he is going to quote us for replacing the membrane with lead. 

[ToughButterCup]

Excellent news.

Self-building is a very long series of very steep learning curves. You've just taught me a lesson. Thank you.

 My God I've been tempted not to buy insurance.   

Edited February 26, 2022 by ToughButterCup