Close
Updated:

Roofing Expert Witness Case Study

In the case of Expert Roofing, Inc. v. Gerambia, 2024 Ill. App. 2d 230256, the testimony of a Roofing Expert Witness was pivotal in assessing the quality of roofing work performed and determining adherence to contractual obligations in a residential roofing dispute.

Background of the Case

Expert Roofing, Inc. entered into a contract with Steve and Natalie Gerambia to replace the roof on their home. The contract specified that the work would be completed for the amount covered by the Gerambias’ insurance policy, plus any approved supplements. After the roof was installed, the Gerambias became dissatisfied with the workmanship and refused to pay the full amount due under the agreement.

Expert Roofing, Inc. subsequently filed suit in the Circuit Court of Lake County, Illinois, alleging breach of contract and seeking recovery of the unpaid balance, interest, and attorney’s fees as provided for in the agreement.

Role of the Roofing Expert Witness

To support its case, Expert Roofing, Inc. retained a Roofing Expert Witness to evaluate the quality of the completed roof and determine whether the work complied with industry standards. The expert was tasked with:

  • Inspecting the Installed Roof: The expert conducted a detailed inspection of the roofing system to assess its overall integrity, workmanship, and conformity with local codes and manufacturer specifications.

  • Reviewing Documents and Communications: The expert examined the contract, correspondence, and claims between the parties to determine the scope of work and whether it was fulfilled.

  • Evaluating Alleged Defects: The expert assessed the homeowner’s complaints, such as alleged shingle misalignment and ventilation issues, and provided an objective opinion on whether those issues rose to the level of defective work.

  • Providing Testimony: The expert offered in-court testimony stating that the roof met professional standards and that the claims of defective work were either overstated or unrelated to the actual installation performed by the plaintiff.

Court Proceedings and Findings

During trial, the Roofing Expert Witness’s testimony was a key element in persuading the court that Expert Roofing, Inc. had performed its work in a competent and industry-compliant manner. The Gerambias, who did not offer competing expert testimony, presented their own testimony and photos to support their claim that the roof was improperly installed.

However, the trial court found that the plaintiffs’ expert testimony was credible and unrefuted, and concluded that the defendants had breached their contractual obligations. The court entered judgment for Expert Roofing, Inc., awarding:

  • $58,857.99 in unpaid contract balance

  • $34,490.79 in accrued interest

  • $8,369 in attorney’s fees and costs

Appellate Review

On appeal, the Gerambias challenged the trial court’s findings, but they failed to submit a transcript or suitable bystander’s report from the trial. As a result, the appellate court was unable to conduct a meaningful review of the trial court’s decision and was required to presume the judgment was supported by the evidence.

The court also dismissed additional arguments raised by the Gerambias, including claims that the case was heard in the wrong division of the circuit court and that the plaintiff failed to comply with the Illinois Home Repair and Remodeling Act. These arguments were either forfeited for not being raised earlier or found to lack merit.

Legal Significance

This case highlights the crucial role that a Roofing Expert Witness can play in disputes involving residential construction. Expert testimony provided an objective basis for evaluating the quality of the work and resolving factual disagreements. The absence of a counter-expert from the defense significantly weakened their case.

It also illustrates the importance of a complete trial record for appellate review. Without transcripts or adequate records, appellate courts must presume that the trial court acted correctly.

Conclusion

Expert Roofing, Inc. v. Gerambia demonstrates how expert testimony can decisively influence the outcome of a construction dispute. The Roofing Expert Witness’s evaluation provided the court with clear, technical support for the plaintiff’s claims, ultimately leading to a favorable ruling and affirming the importance of expert guidance in evaluating workmanship and compliance with contractual standards.

Contact Us