Homeowners' association sues over $1 million leaky roof

Michelle Keahey, East Texas Bureau Apr. 1, 2013, 10:23am

SHERMAN - A homeowners' association has filed a lawsuit claiming that its $1 million new roofing system is leaking and defective. 

Willow Greene Homeowners Association filed suit against Gerard Roofing Technologies, a division of Metals USA Building Products L.P. and Metals USA Inc. on Feb. 14 in Collin County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on March 29.

Willow Greene is a 25 building, 172-unit condominium complex located in Collin County.  In Oct. 2004, Willow Greene contracted with Horn Brothers Roofing to replace its existing roofs with the Gerard Roofing Technologies Granite Ridge roofing system.  The roofing system is stone coated roofing panels made to resemble asphalt singles that Gerard touts to be “some of, if not the best, stone coated steel roofing panels/products available anywhere in the USA.”

Willow Greene paid nearly $1 million for the purchase and installation of the new roofs, which included a lifetime limited warranty.

According to the lawsuit, after some period of time following the installation of the roofs the condominium units began experiencing water leaks.

“Because Willow Greene had brand new roofs, neither Horn Brothers nor Willow Greene suspected the roofs as the cause of the leaks,” the lawsuit states.

In February 2012, Willow Greene found evidence that the new roofs were leaking and submitted warranty claims. Gerard Roofing responded to the warranty claims in Oct. 2012, but denied them.

Willow Greene claims it has useless roofs that are leaking throughout its condominium complex and has also incurred significant damages to the interiors and exteriors of the units.

It is asking for an award of damages, treble damages, attorney’s fees, interest, court costs and attorney’s fees.

The plaintiff is represented by Michael D. Richardson and Kevin A. Koudelka of Richardson Koudelka LLP in Dallas. A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 4:13-cv-00176

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