CONTRACTORS NOT RESPONSIBLE
FOR SELLING DEFECTIVE SHINGLES
The Standard Disclaimer Form

Please see Definitions
 

   Historically, the premature failure of modern fiberglass shingles has involved excessive granular loss and brittleness,
   cracking and splitting, blistering, curling, buckling, seal failures and "weeping" (water seeping through the shingle).
   When a thorough rooftop inspection reveals any of these conditions the roofing is beyond the "Re-Sale Window"
   and normally requires either replacement or negotiated payment of a "roofing allowance" in order to sell the home.

   While the common perception, promoted by asphalt manufacturers (and asphalt roofers) is that modern "fiberglass"
   shingles are vastly superior to the traditional "organic" design, the fact is - there has been a documented history
   of premature failure for all asphalt shingles manufactured since 1980, both fiberglass and newer organic shingles.
   As only fiberglass shingles are sold today, it's important to know the History of Defective Fiberglass Shingles.

            Fiberglass mats are much thinner, and are not saturated with asphalt...
            Several roofing contractor associations have heard complaints from their members
            that fiberglass shingles are failing within ten years...   [1]

            Recently, our company had a roof fail in less than eight years.
            When removing shingles in leaky areas, it became apparent that the water
            was going right through the shingles, and had been for some time.   [2]

            In Central California we have seen shingles split on roofs in less than five years.
            From what we have seen to date, the problem seems to occur to shingles with a thin
            or nonexistent back coating... These shingles also seem to have a very high filler content
            about 70% and limited tensile strength.   [3]

   The premature failure of fiberglass shingles is simply historical fact.  By the mid-1990's defective fiberglass
   shingles were reported by consumers and contractors across the country and documented in industry publications.
   Fiberglass shingles were failing within 10  to 15 years.  See: The History of Fiberglass Shingles

   As premature failures of fiberglass shingles were being reported by consumers and contractors across the country,
   Asphalt manufacturers took decisive action - they did not initiate any product recalls or warn consumers about the
   known defects, but they did start to increase shingle warranty periods - in order to sell more (defective) shingles.

   Most inexperienced roof buyers assume warranties provide some indication of shingle quality or durability...
   they do NOT.  Roof Warranties are designed to sell more shingles - and longer warranties sell more product.
   That is why traditional 15 year and 20 year warranties were "inflated" to more marketable 30 year, 40 year,
   50 year and "Lifetime Warranty" periods.  See: Asphalt Warranties "Inflated" to Deceive Consumers

THE STANDARD CONTRACTOR DISCLAIMER FORM

   In the past, most asphalt roofers guaranteed installations for the period indicated on the manufacturer warranty.
   Since most asphalt shingles had manufacturer warranties for 15 years or 20 years, asphalt contractors would
   guarantee the installation would remain "serviceable" for that indicated warranty period - they could only do this
   because it was expected, based on a long and proven history, that shingle life would exceed the warranty period.

   Today, homeowners only receive a "workmanship" (labor only) guarantee from their roofing contractor/installer,
   they receive a separate product warranty from manufacturers... this started with the 'standard disclaimer form'.

   When manufacturers lowered shingle quality (and durability) most asphalt roofers were concerned about financial
   liability involved with installing fiberglass shingles which were known to be defective.  As the contractor associations
   understood the liability of selling defective shingles, they advised members to provide a "Standard Disclaimer Form"
   to homeowners - to avoid financial liability for installing shingles that were expected to fail prematurely.

            Also be careful how you guarantee your work. 
            WSRCA has distributed a standard disclaimer to their members
            to be given to customers along with a copy of the manufacturer's warranty. 
            The disclaimer states that the contractor guarantees his workmanship, not the shingles:
            The shingles are covered only by the manufacturer's warranty.   [4]

   It's important to understand that roofing contractors were faced with two separate issues increasing liability...
   fiberglass shingles were failing - many within ten years - while, at the same time, warranties were being increased.
   In other words, asphalt manufacturers were producing cheaper shingles (to increase their profits) and they were
   providing longer warranties (to increase market share).  So, the typical asphalt roofing contractor was faced with
   the liability of selling and installing inferior shingles with inflated warranties.  Clearly the roofing contractors
   could no longer afford to guarantee their installations as they had done for decades.

   Theoretically, by providing homeowners with the 'Standard Disclaimer Form', roofing contractors were not liable
   for selling fiberglass shingles they knew (or suspected) were defective.  The disclaimer facilitated the sales
   of shingles with 30 year warranties - even when the roofers expected the shingle to fail within 10 years.

            If you say something vague to the customer like "this is a 20 year roof"
            or "these shingles will last 25 years", you may be held to that promise
            even though the shingle warranty doesn't really say that.   [5]

   Most homeowners fail to appreciate the extent to which there is an adversarial relationship between residential
   (roof) buyers and (roof) sellers.  Many homeowners do not understand that roofing manufacturers and installers
   generally "specialize" in only one type of roofing material - and, therefore, MUST "sell" that material to everyone...
   even when a different material would be a more appropriate solution to the consumer.

   Asphalt manufacturers "specialize" in only one type of roofing material - fiberglass asphalt shingles.
   Therefore, asphalt shingles must be the solution for all roofing... Obviously this can NOT be true.  However,
   consumers must expect asphalt manufacturers to do whatever they can (like inflating warranties) in order to
   try to convince uninformed roofing buyers that asphalt shingles are appropriate for any - and all - projects.

   Likewise, most roofers only install asphalt shingles.  Therefore, they are not likely to try to "sell" consumers
   a different material (slate, tile, rubber, metal or cedar) even if it's more appropriate to their specific needs.
   Asphalt roofers and asphalt manufacturers will ALWAYS try to sell asphalt shingles - to everyone.  Just like
   Metal roofers and metal manufacturers ALWAYS try to sell metal roofing and cedar roofers ALWAYS try to
   sell cedar roofing.

   That is the reason consumers benefit greatly by talking to an Independent and Unbiased roofing expert before
   selecting any roofing product.  Even if asphalt shingles are the best material option for a consumer, independent
   and unbiased roofing experts can still help in the buying process by identifying THE BEST asphalt shingles...
   there are a couple products with a better design and a proven performance.  See:  Asphalt Shingle Durability

END OF THE STANDARD DISCLAIMER FORM

   Very few, if any, asphalt roofers still provide homeowners with the "Standard Disclaimer Form" for material failure.
   Roofers found a disclaimer form hurt asphalt sales because it focused too much attention on the expected (lack of)
   shingle performance and durability. 

   Instead, the asphalt roofers began using a much more subtle, and deceptive, practice of providing buyers with
   a contractor "workmanship" guarantee (for labor only) buried in the small print of the roofing contract - this way
   they could use inflated warranty periods to "sell" shingles without having to focus attention on the fact that
   they did not expect the shingles to last that long - and they did not actually guarantee the shingles
   would remain "serviceable" for any length of time.

   The transition from the original 'Standard Disclaimer Form' to the current "workmanship" guarantee allowed the
   asphalt roofers to take advantage of inflated warranties - without incurring liability for selling and installing shingles
   that were expected to fail prematurely. 

   When you re-roof today, normally you receive a 30 year, 40 year, 50 year or "lifetime" warranty
   from the asphalt manufacturer and a "workmanship" (labor only) guarantee from the roofer.

   Bottom Line:  Contractors are (theoretically) NOT LIABLE for selling shingles with a history of premature failures.

 ASPHALT SHINGLE DURABILITY 

   Most manufacturers (and roofers) "specialize" in only one type of roofing material and, therefore, must try to "sell"
   that material to everyone - even when a different material or product would be more appropriate to the consumer's
   unique individual needs.  Manufacturers (like CertainTeed) sell only one material - asphalt shingles - and, therefore,
   will try to sell their products to everyone.  Likewise, roofers specializing in installation of asphalt shingles will try to
   use ''inflated" warranties to "sell" asphalt shingles - even when they EXPECT premature failure.

            A recent study for the National Association of Home Builders (NAHB) determined the average life expectancy
            for asphalt shingles is only 20 years.  [6]   Even the Asphalt Roofing Manufacturers Association (ARMA),
            recommends replacement of asphalt shingles every 20 years. [7]

   However, these estimates from both the National Association of Home Builders (20 years) and the Asphalt Roofing
   Manufacturers Association (20 years) are NOT indicating the Re-Sale Window for asphalt shingles - which needs
   to also include a Five Year Certification.  If asphalt shingles have a 20 year "functional lifespan," that DOES NOT
   mean that they can actually pass a Re-Sale Inspection at that time, please see: What Constitutes a Roof Failure?

   Homeowners can be excused for considering an idea as ridiculous as 30, 40 or 50 year asphalt shingles... they are
   unsuspecting consumers, not roofing experts.  But what about the roofing contractors?  What about manufacturers?
   Can they ever be excused for using deception to sell defective products?  See: Selling Defective Shingles in Seattle

   It's very easy to "sell" inexperienced and unsuspecting buyers the idea of a long-term lifespan for asphalt shingles,
   when the only examples shown are less than 10 years old.  It's something altogether different when consumers have
   the opportunity to actually see the condition of a 20 year fiberglass installation.  See: Recent Class Action Lawsuits

   Fiberglass shingles have been on the market for over 30 years.  Even "luxury" shingles like the Presidential Shake
   have been produced for over 23 years.  If a manufacturer or roofing contractor is unwilling (or unable) to let you see
   what you can expect your roof to look like in 15 or 20 years... maybe you should look for a different roofing material.
   Learn what roofers (and manufacturers) DON'T WANT you to know.  Also see:  The Truth on Presidential Shingles

A MATTER OF PERSPECTIVE

   On the issue of failed / failing roofing, it's important to understand that "expert" opinions will reflect the fundamental
   perspective of those expressing the opinion.  And often the difference between the perspective of (roof) Sellers
   and the perspective of (roof) Buyers can be quite extreme.  The perspective of sellers and buyers differs because
   their financial interests are diametrically opposed.

All roofers claim to have the best product
and all roofers claim to provide the best installation.
Obviously, that Can Not be True.

There is always an adversarial relationship between buyers and sellers
roofing buyers should never expect full disclosure or unbiased information
from asphalt manufacturers, asphalt distributors/suppliers or asphalt roofers.

   Sellers (like CertainTeed) may consider roofing "failed" when shingles pass their functional lifespan and threaten
   damage from leaking.  Buyers (homeowners) may consider "failure" to occur whenever the shingles are past their
   Re-Sale Window and require either replacement or payment of a "Roofing Allowance" in order to sell their home.*

   Sellers (like CertainTeed) may consider a certain percentage of premature failures to be acceptable because the
   cost of paying claims is already built into the shingle price - and very few failures get submitted as warranty claims.
   However, most buyers (homeowners) will consider ANY premature failure to be unacceptable - especially when the
   warranty payment is just a small percentage of actual replacement costs... and failure was expected by the Seller.

                     * Based on product design and proven performance, There are Only Two (2) conventional
                     fiberglass shingles that we find ANY evidence of typical durability beyond 20 years.  These
                     shingles are NOT popular products (in the Seattle area) as most roofers don't tell consumers
                     about the history of premature failures - and the very limited durability of fiberglass shingles.

Do you want to get the BEST VALUE on your roofing project?
You will need Full Disclosure and Unbiased Information.
Contact us for Specific Advice on your Project.
Free Consultation Anywhere in U.S.

Seattle RoofBroker

   __________________________________________________________________________________________

   [1]   Ted Cushman, 'Choosing an Asphalt Shingle: Organic vs Fiberglass'
          Journal of Light Construction Magazine, (May 1993).
   [2]   Ray Bolt, 'Shingle Problems: 20 Year Asphalt Shingles Are Posing Problems in the West'
          Western Roofing Magazine, (Jan/Feb 1991).
   [3]   Richard Tippett, 'Fiberglass Shingles: More Than You Ever Wanted To Know About Fiberglass Shingle Failures'
          Western Roofing Magazine, (May/June 1991)
   [4]   Ted Cushman, 'Choosing an Asphalt Shingle'
   [5]   ibid.
   [6]   National Association of Home Builders, 'Study of Life Expectancy'
   [7]   Asphalt Roofing Manufacturers Association, 'All About Roofing'
   __________________________________________________________________________________________

     Disclaimer: This is not an advertisement or a solicitation and information is provided only as a public service.
     The information above is presented for educational purposes only.  The commentary and all contents reflect
     the professional opinion and experience of the author alone and are subject to error or change without notice.
     The presence of a link to a website does not indicate approval or endorsement of that website or any products,
     services or opinions that may be offered by them.