How To Get a Roof That Works (the First Time)
Part Two
Finding & Contracting With Your Roofing Team
By: Michael S. Holman and
Scott W. Davis
Reprinted from October 2006 ohioconstructionlaw.com
Highlights.
In a continuation from last month, this article discusses a successful reroofing project and focuses on how the team was assembled to create that success. Putting the right language in the Contract Documents and asking the right questions when interviewing Design Professionals, Construction Managers, and Contractors can make all the difference between a successful project and a failed roofing system.
Last month’s introduction to the topic of roofing covered several points:
The large number of new roofs that leak;
The most common cause of those leaks—poor installation;
The difficultly an Owner faces in assembling a quality roofing team, particularly on public projects;
The need for Owners to have quality control oversight on their roofing projects;
The problems with the standard process for contracting with Design Professionals, Construction Managers and
Contractors for a quality roofing installation;
The need for Owners to have someone on their side who is up on the roof each day to observe whether the roof is
being installed correctly.
A Major Roofing Project That Went Well:
The Bricker Building Roof
With all the potential pitfalls in a roofing project, do they ever go well? Here is one that did:
This is the roof on the Bricker & Eckler LLP building.
The original tile roof was installed about 90 years ago. Up until the last few years, it worked well. But then we started to notice leaks. As a result, the Firm undertook a major reroofing project. The Firm hired Karlsberger & Associates as its Architect and Mays Consulting & Evaluation Services, Inc. as its Roofing Consultant. During the next several months, Mays was on the roof each workday while the old roof was removed and the new roof installed.
The project has been a success. There are no leaks, and the Firm hopes that the new roof will last another 90 years.
(This newsletter hopes to report to you when that goal is achieved.)
What did we do to get a roof that is weathertight? We took the steps that any prudent Owner should take:
We hired an Architect who worked closely with our Roofing Consultant;
We had good Contract Documents;
We hired a competent Contractor; and
We had daily quality control oversight—our Roofing Consultant was on the roof daily while the work was in progress.
We made getting a weathertight roofing system a priority and an expectation; we communicated that priority and expectation to
all members of the Roofing Team; and we hired a competent Roofing Consultant for daily on-site observations while the work was in progress.
This is a formula for the successful installation of a weathertight roofing system.
Hiring the Design Professional
An Owner will want a Design Professional, an Architect or Engineer, who understands how to design a weathertight roofing system,
who will spend the necessary time doing so, and who will educate the Owner early in the process about the roofing system that will be installed on the
Owner’s building. This education should include a discussion of the advantages and disadvantages of the proposed roofing system, the
estimated useful life of the system, the length and terms of the roofing warranty, what will be done to help ensure that the roofing system
will be weathertight and installed in accordance with the Contract Documents, the installation procedures, including coordination with the
Masonry and Mechanical Contractors, and required maintenance of the roofing system.
Interviewing Potential Designers
During the hiring process, the Owner should stress the importance of obtaining a weathertight roofing system and that it is
looking for a Design Professional with a track record of designing weathertight roofing systems. The Owner should spend time during the
interview process discussing roofing systems with the candidates. The Owner will want to discuss each candidate’s prior experience,
who in particular on the candidate’s staff has that experience, and what procedures the Design Professional recommends to get a weathertight roofing system.
The Owner should make it clear to the candidates that it will want a meeting devoted to the roofing system early during design
development, and that its facilities and maintenance staff should be involved, as well as the Construction Manager, if there is one.
There should be additional meetings to accomplish these tasks:
Deciding on acceptable manufacturers,
Selecting the type of roofing warranty (there are many different types of warranties, even by the same manufacturer),
Reviewing the plans and specifications, including Contractor qualifications,
Deciding who is going to be responsible for day-to-day quality control of the roofing work, if it is not going to be the
Design Professional or the Construction Manager, and
Deciding on specific quality control procedures and who will be responsible for carrying out those procedures.
Roofing needs to be a priority, and everyone on the Owner’s Team needs to understand this and be committed to getting a weathertight
roofing system for the Owner.
Contracting with the Design Professional
Subject to the Design Professional’s standard of care, the Owner’s contract with its Design Professional should specifically address the
expectations for the design of the roofing system and the responsibilities for quality control, including the Design Professional’s observations
during installation. The Owner should consider including provisions specific to the roofing system in the Owner–Design Professional Agreement,
such as the following:
The Design Professional’s acknowledgment that having a weathertight roofing system is a high priority for the Owner;
The Design Professional’s agreement that it has or will have experience in the successful design of the roofing system
that will be installed on the Owner’s building and that personnel with that experience will be assigned to the design of the roofing
system for the Owner’s project;
The requirement for meetings with the Owner, its facilities and maintenance staff, and the Construction
Manager, and the specific purposes of those meetings; and
The specific on-site observation requirements for the roofing system.
Hiring the Construction Manager
If the Owner is hiring a Construction Manager, the Owner will want to find out about the candidates’ roofing experience. Specifically, do the
candidates have someone on their staffs who knows how to install roofing systems the right way so they do not leak? If so, is that person available
for the Owner’s project? The Owner wants someone who knows how to install a weathertight roofing system to review and comment upon
the design for completeness and constructability. For quality control, that person should also be on the roof daily while the work is in progress.
If neither the Design Professional nor the Construction Manager has such a person available for the Owner’s project,
then the Owner should consider hiring a competent roofing consultant to assist it in getting a weathertight roofing system.
Contracting with the Construction Manager
Subject to the Construction Manager’s standard of care, the Owner’s contract with it should specifically address the Owner’s
expectations for the Construction Manager’s involvement in the review and comment on the design of the roofing system and in the
observations during installation. Some provisions specific to the roofing system that might be included in the Owner–Construction Manager
Agreement include the following:
The Construction Manager’s acknowledgment that having a weathertight roofing system is a high priority for the Owner;
If applicable, the Construction Manager’s certification it has or will have experience in the successful
construction of the roofing system that will be installed on the Owner’s building and that personnel with that experience will be assigned to
observe the installation of the roofing system for the Owner’s project;
The requirement for meetings with the Owner, its facilities and maintenance staff, and the Design Professional,
and the specific purposes of those meetings; and
The specific on-site observation requirements for the roofing system.
Special Problems for Public Projects
It is often difficult to get a competent Roofing Contractor on public projects. For roofing in particular, this is a
very competitive, low-bid environment, with a transient work force, where price—rather than relationships and a history of quality installations—
most often determines which Roofing Contractor gets the job. The challenge facing the public Owner and its Design Professional and Construction
Manager is how to level the playing field so that the competent Roofing Contractor with a stable workforce can compete effectively for the work.
Here are some suggestions:
Include specific experience and training requirements in the Specifications, including years in
business and training on the roofing system used on the Project. For example, require that the Roofing Contractor and
the foreman assigned to the project have successfully installed at least three roofing systems of substantially similar size and
complexity during the last three years, and that they have worked with the selected roofing manufacturer on at least three projects during the last five years;
Include selection criteria giving the Owner the right to exclude any Roofing Contractors that have had
claims pending against them during the last five years for defective and/or non-conforming work;
Require a pre-installation conference to go through the installation of the roofing system and required
coordination among trades before the start of the roofing installation, with the Roofing Contractor, Masonry Contractor/Subcontractor,
Mechanical Contractor, Design Professional, Construction Manager and Roofing Manufacturer present;
Think through the need for mock-ups, and if desired require them in the Specifications;
Require the roofing manufacturer (1) to certify in writing that the Roofing Contractor is authorized to
install its roofing system, and (2) to provide installation training at the beginning of the project for all of the Roofing Contractor’s
employees who will be working on the job, with the Construction Manager present during the training;
Require the Roofing Contractor to have the manufacturer’s representative present on site for a thorough pre-installation
conference and then to be present on site at specified intervals during the installation of the roofing system;
Unless it is a Prime Contractor, require the Roofing Contractor to provide a surety bond to the General Contractor
in the same form as the bond under Section 153.57 of the Revised Code;
Require a 20-year, no-dollar-limit weathertightness warranty, either as a base bid or an alternate;
As part of the Contract Documents, require a separate certification and agreement from the Prime Contractor
responsible for the roofing installation that accomplishes the following:
Acknowledges the priority for obtaining a weathertight roofing system;
Expressly agrees and warrants that the Contract Documents are sufficient to provide for a weathertight roofing system;
Agrees that the roofing workers will meet the experience and training requirements during the entire project;
Certifies and agrees that, during the last five years, neither the Prime Contractor nor the Roofing Contractor has
had any claims pending against it alleging that it installed defective and/or non-conforming work; and,
Agrees that the manufacturer’s representative will be on site as specified in the Contract Documents.
Conclusion: Rain Does Not Have To = Leaks
For far too many Owners – when it rains, it leaks. And the predominant reason why new roofs leak when it
rains almost always is improper installation. To avoid this situation, Owners should follow the suggestions in this article.
While it may cost a little more, this a small price to pay for avoiding the aggravation of a leaking roof that disrupts normal activities,
causes mold, and may cost hundreds of thousands of dollars or even more to fix.
Part One: Getting the Right People On Your Bus In the Right Seats
Part Three: The Making of a Roofing Expert
