The Village of Ossining claims that a new community center roof that was warrantied for 20 years began leaking within a year of installation and must be replaced.
The village accused C.C. Roofing Co. Inc. and affiliate MCAS Roofing & Contracting Inc., consultant Russel Watsky Inc., and manufacturer Polyglass U.S.A. of negligence, in a complaint filed on March 31 in Westchester Supreme Court.
“The roofing system, as designed, installed, inspected, and certified,” the complaint states, “was not watertight and contained numerous observable and systemic defects.”
Russel Watsky Inc., Ossining, was hired to prepare specifications for a new roof at the Joseph G. Caputo Community Center, assist with the bidding process, make inspections during construction, approve payments, certify the completion, and ensure that the roof met warranty requirements.
C.C. Roofing and MCAS Roofing, Croton-on-Hudson companies operated by Michael Casolaro, had to keep the community center watertight during construction, according to the complaint, and guarantee their workmanship for three years. Polyglass, of Deerfield Beach, Florida offered a 20 year warranty on its roofing materials.
But within months of completion, the village alleges, 18 leaks sprung throughout the community center, including the gym, stage area, hallways, offices and stairwells. Inadequate drainage allowed water to pond. Membrane seams were sealed improperly. Flashing was insufficient. Incompatible and non-conforming materials were used. Skylights were removed and reinstalled improperly.
The village argues that defects were visible and discoverable during inspections.
Watsky failed to reject defective work and allowed the project to proceed, the complaint states. In response to an email, he declined to comment at this time, stating in part that he has not spoken yet with an attorney assigned to the case by his insurer.
C.C. Roofing and MCAS Roofing were required to inspect the roof and fix problems before and after installation, according to the complaint, but failed to do so. They did not reply to a message asking for their side of the story.
Polyglass allegedly issued a 20-year warranty after inspecting the finished roof, and has denied the village’s claims for defective materials and workmanship.
“To permit such conduct,” the complaint states, “would render the warranty illusory.”
Polyglass did not reply to a message asking for its side of the story.
The lawsuit does not say how much anyone was paid for their work, but it says the costs of property damage, repairs, roof replacement, and loss of use of the community center will exceed $750,000.
Ossining is represented by attorney Joshua J. Grauer, of Cuddy & Feder LLP, White Plains.
