Contractor build a leaking patio - how would you proceed 2.5 years later

San Antonio, Texas
Managing Your Property
3moFollow

Contractor build a leaking patio - how would you proceed 2.5 years later

Phil Chen
Member since 2025 · 4 posts · 0 votes

Hello friends.

An outdoor living contractor screened in a patio a few years ago and added a small section of roof to the existing patio roof. This addition has been leaking since it was built just under 3 years ago. They have been tinkering since. Show up, disappear for a few months, show up again, disappear, etc. What would you do now?  Call a lawyer?  I still owe about $7000.  Put it in escrow?  We're going into the dry season now and I fear there won't be enough rain to test their latest "cover everything in mastic" method which helped quite a lot.  A hose test isn't enough water at this point.  Thanks all.

0Reply
321 views

Most Popular Reply

Jim Johnson
Real Estate Agent · Memphis · Member since 2026 · 561 posts · 327 votes
3mo

Nearly three years is a long time for an issue like this to remain unresolved.

If I were in your position, I'd stop focusing on another temporary fix and start documenting everything:

• Timeline of the project
• Photos and videos of the leaks
• All emails, texts, and invoices
• Dates they attempted repairs
• Any additional damage caused by the ongoing leak

Before making any decisions about the remaining balance, I'd also consider getting an independent opinion from another qualified contractor. That can help determine whether the problem is poor workmanship, a design issue, or something else entirely.

At this point, I'd also want to understand what the contract and warranty actually say. If they're still making repair attempts after almost three years without resolving the issue, it may be time to have an attorney review your options before releasing the remaining payment.

1Reply
See this reply in the discussion

9 Replies

Jump to latestLatest
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3mo

    Get a third party inspection to determine what the cause is and then send demand for roofer to fix it if not get someone else 

    7e investments53 Reviews
    WebsiteView Page
    1Reply
  • Phil Chen
    OP
    Member since 2025 · 4 posts · 0 votes
    3mo

    Thanks.  Had a roofer out yesterday and he said "it's water, it could be anywhere." but he was convinced they just didn't install it well.  

    0Reply
    • Richard F.
      Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
      3mo
      Quote from @Phil Chen:

      Thanks.  Had a roofer out yesterday and he said "it's water, it could be anywhere." but he was convinced they just didn't install it well.  


      Why not post links to some pics from above and below of the screened patio roof for us to get eyes on it?
      0Reply
  • Jim Johnson
    Real Estate Agent · Memphis · Member since 2026 · 561 posts · 327 votes
    3mo

    Nearly three years is a long time for an issue like this to remain unresolved.

    If I were in your position, I'd stop focusing on another temporary fix and start documenting everything:

    • Timeline of the project
    • Photos and videos of the leaks
    • All emails, texts, and invoices
    • Dates they attempted repairs
    • Any additional damage caused by the ongoing leak

    Before making any decisions about the remaining balance, I'd also consider getting an independent opinion from another qualified contractor. That can help determine whether the problem is poor workmanship, a design issue, or something else entirely.

    At this point, I'd also want to understand what the contract and warranty actually say. If they're still making repair attempts after almost three years without resolving the issue, it may be time to have an attorney review your options before releasing the remaining payment.

    1Reply
  • Alyssa MarquezBusiness Member
    Real Estate Agent · San Antonio TX / Fort Lauderdale, FL · Member since 2023 · 120 posts · 29 votes
    1mo

    If I were you – at this stage, three years of repeat leaks would have me giving the contract over that added space to one independent roofing expert for inspection and a report in writing what is the cause. I would hang on to copies of every attempt at repair, photo, letter, invoice, and that 7K that’s not yet paid, as well as evidence there is still $7,000 outstanding. However before you refuse payment or put funds into escrow, go to an area attorney that specialized in construction law to find out your contract and state laws. A detailed written evaluation by a 3rd party independent roofing contractor will be a great starting point in a negotiation or legal situation if it comes to that point between you and the contractor.

    1Reply
  • Igor Ganapolsky
    Coral Springs, FL · Member since 2018 · 468 posts · 104 votes
    1w

    that $7k you're still holding is basically your only leverage here so don't let it go until it's actually fixed. i've seen the show-up-disappear cycle a dozen times - they'll keep coming back with band-aid fixes forever as long as there's money on the table. get the independent roofer's report in writing (sounds like you already started that), then send the original contractor a written deadline to fix it properly or you're hiring someone else and deducting from what you owe. check if your contract has a statute of limitations clause - in texas you generally have 4 years for breach of contract so you're not out of time yet but don't wait much longer either. the dry season concern is real but honestly if they've been "fixing" it for 3 years and it still leaks, you probably don't need rain to prove the work was substandard. a good roofing inspector can document the installation failures regardless of weather.

    1Reply
  • Alyssa MarquezBusiness Member
    Real Estate Agent · San Antonio TX / Fort Lauderdale, FL · Member since 2023 · 120 posts · 29 votes
    4d

    That's very, very frustrating to have given them almost three years and several opportunities to fix the problem. At this point, I'd have an independent roofer/contractor come out and survey everything, and give you a written report on what's actually leaking. I'd also save a copy of every photo and message, and every invoice or record of how they attempted to fix it.

    They are still owed you $7K, so I'd at least get a chat with a construction law attorney in your area before putting any money into escrow or withholding anything.

    Wish I could help more, but I think at this point it makes sense to get an outside opinion.

    1Reply
  • Phil Chen
    OP
    Member since 2025 · 4 posts · 0 votes
    4d

    Lawyer contacted. Demand letter sent. Thanks all!

    0Reply
  • Michael K GallagherBusiness Member
    Real Estate Agent · Columbus OH · Member since 2018 · 1k+ posts · 1k+ votes
    4d

    try any flexseal? I mean without actually knowing the cause, if it past inspections/permits etc during the build then not sure what you'd be able to determine was done incorrectly after the fact. but trying to "fix" without tracking down a root cause never goes well in my mind. but seriously you tried a gallon of flex seal yet?

    [email protected]614-362-2231
    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free