Had a new roof put on last year. With the lack of rain we had I did not notice a leak around the dormer. On typical rain it would leak and the insulation would adsorb it. With the recent rain it was more than the insulation could hold and leskef threw the ceiling. I found the leak but there is mold in the attic on the drywall and water stains in the house. Is this something the roofing contractor should fix or me? I'm thinking he should just want opinions before he comes over. He is fixing the leak.Thanks

The roofing contractor is only bound by the warranty terms of your contract. A small claims court judge would say that you are responsible for anything not clearly spelled out in the contract.

I'm a roofing and remodeling contractor. We give a five year workmanship warranty, so if the roof leaks in that time frame its on me. Along with any damages related. Now we have been in business since 1945 and have a good reputation and always do what is right. A lot of contractors once they are paid they are gone and you get what you got. I would try to contact the roofer and see if they will fix the roof and related damage. If they stand behind their work they will.

I have a 5 year warranty and its not even been a year yet.

Short answer, yes the roofing contractor should fix. Based on your description there is a construction defect or deficiency in the roofing or flashing components that has resulted in damage. That is all that is needed to invoke the warranty claim.

Workmanship is rarely if ever covered by warranty or even in court, but the resulting damage associated to workmanship typically is covered. The test is performance as intended and resulting damage. If the roof is not performing its intended purpose and/or there is resulting damage, then you have a warranty claim. Even without a warranty the contractor would still be responsible legally if you make a claim within statute limitations.

My advice is this:

Today, go take photos of the roof issue and all the resulting damage. Then contact the roofing contractor by phone and by letter, describing the leak and the damage, perhaps including some photos. By letter is VERY important...even worded like "This is to follow up on our phone call today..." Request him to come perform repairs to not only the roof or roof components, but also to rework/replace/repair the resulting damage (insulation, drywall, painting, or additional as needed). State that you are making a warranty claim for construction defect or deficiency and the resulting damage. Use this language in your phone call and letter. Word it how you want, but trigger words are defect, deficiency and resulting damage.

Hopefully the contractor will stand by his work and step up and take care of it, assuming it is a legitimate complaint. A good contractor will. A bad one likes to wiggle out of responsibility.

If not things get more interesting and you have options:
1. Fix it yourself and move on.
2. Find out who his insurance carrier is and file a claim with them (he has this coverage hopefully to cover any defects and damage caused by his work and/or product). They will send out an adjuster, most likely low ball you a little, and if they are smart offer you one of two things: They'll push contractor to come make repairs or they'll offer you a check. Before you accept that check, get an estimate to repair from another contractor.
3. Contact the Alabama Home Builders License Board and file a complaint, they have a fund set up for such a purpose when a builder refuses to stand behind their work (assuming he has a license). Plus they lean on buildrs often to get them to step up and do the right thing.
4. If it gets ugly and he refuses to cooperate and you wish to file suit, you have 2 years from the date that you knew you had a problem to file a lawsuit (6 years in some cases depending on the legal claim such as breech of contract and others). Filing a lawsuit is often done to only bring the insurance company to the table...rarely does a small case like this ever go to trial.

If I can help you out, let me know.

Thank you for the info. I will contact you if I have questions. Because the insulation absorbed it for most rains I have mold on 2 pieces of drywall on the ceiling in the attic. The insulation is not good anymore. It appears the flashing at the bottom of the dormer is where it came in.