ᐅ Incorrect Installation of Interior Roof Insulation Caused Significant Damage

Created on: 5 Jan 2024 15:23
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Winniefred
Hello!

I need to tap into the collective knowledge here.

In 2017, we bought a house built in 1921. The roof is from 1993 and has a vapor-tight (!) underlay membrane, which was common at the time. In 2017, we converted the attic and had it insulated by a drywall contractor. For that, they added battens, pressed the insulation wool tightly against the underlay membrane, then added insulation beneath the rafters, followed by a vapor retarder foil, and then the drywall.

So far, so good. However, during Christmas 2023, we had a storm/rain damage because the connection between the chimney and the roof became leaking. The roofer lifted some tiles there and found water everywhere. On the entire roof, there is condensation between the insulation and the underlay membrane. He checked under the tiles from outside on all sides of the roof. Afterwards, we opened part of it from the inside—everything was wet (well beyond the chimney area—the insulation around the chimney was drenched from the rainwater leak, while the rest of the roof only has condensation between insulation and underlay membrane).

The roofer told us the interior insulation was done incorrectly. They should never have pressed the insulation directly against the airtight underlay membrane but created some ventilation space of a few centimeters. Now all the damp insulation wool must be removed, which is a huge effort and a major cost. The chimney leak was sealed, and it will require proper repairs in spring, but that is clearly separate from the condensation damage. The condensation problem probably would have gone unnoticed until the drywall started to rot.

What do you think? Does anyone have experience with this and any tips, ideas, or suggestions? Is it possible to hold the drywall contractor accountable? There is already light black mold on the beams, and the entire insulation plus drywall must be removed, disposed of, and replaced. I estimate the cost to be roughly 10,000–15,000 EUR. Only the thinner insulation mats beneath the rafters are dry and might be reusable. We don’t expect any goodwill from the drywall contractor. We want to take legal action if possible; after all, we hired a professional company back then to prevent exactly this kind of issue. We paid a significant amount, and it was only six years ago.
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Schorsch_baut
8 Jan 2024 11:26
Winniefred schrieb:

But I still believe that hiring an expert for every task is neither necessary nor common practice. It would be too much to pay not only the high contractor fees but also expert fees to supervise the master craftsman. By the way, the invoice states "Master craftsman business for acoustics and drywall."

I agree. Experts don’t exactly grow on trees. We tried to find an expert for a problem with masonry moisture. No luck. Then we tried to research ourselves, which with old buildings can be even more complicated than theological debates. Lots of faith-based claims, with everyone acting like an expert and calling others criminals or idiots. In the end, we just had to trust and document everything.
Winniefred8 Jan 2024 11:45
Yes, that's true. You have to be glad to find a tradesperson, let alone additional specialists. It was even worse back in 2017 than it is now.

Tomorrow, I have an initial consultation with a construction law specialist lawyer.
Winniefred9 Jan 2024 13:39
The lawyer said it is possible to argue fraud or intent, but the chances of success are uncertain. We should first send a defect notification and set a deadline for remedying the defects. If that deadline passes, we can then request an expert assessment and file a lawsuit—if we choose to do so. He mentioned that the chances would have been very good if the defect had been discovered within the first five years. However, that period has, of course, already passed, as we knew. We should send the defect notification with a deadline in any case, because this could be important in a later legal process. We will proceed with that now. Whether we take further steps, I don’t know. We still need to assess the financial risk for ourselves.