Step-by-step checklist
Identify
Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.
Notify
Investigate
Demand
Negotiate
Settle
1. Identify
Common causes
| Cause | What goes wrong |
|---|---|
| Under-design | The architect or engineer used the wrong snow load, or missed drifting next to taller walls or parapets |
| Construction errors | The builder didn't follow the plans, used the wrong trusses, or missed connections |
| Truss defects | Trusses made or designed wrong by the truss company |
| Added weight | New rooftop HVAC units, solar panels, or an extra roof layer added without checking the structure |
| Snow removal | A contractor piled snow in one spot, or didn't clear the roof as the contract required |
| Drainage | Clogged drains let snowmelt freeze and pond, adding weight |
Responsible parties to consider
- The architect and structural engineer
- The general contractor and the framing or roofing subcontractor
- The truss manufacturer and its engineer
- Rooftop equipment or solar installers
- The snow removal contractor
- A property manager who was supposed to arrange snow removal
Was it really an extreme storm?
The defense will say the storm was bigger than anything the roof should handle. Get snow depth and weight data for the property's area and compare it to the design load. If the snow was within the design load, the roof should have held.
2. Notify and investigate
Preserve the scene
Collapses are often cleared quickly for safety. Photograph everything and have your engineer tag and save the failed members before the debris is hauled away. Notify all parties before removal so they can attend.
Evidence checklist
3. Demand, negotiate, and settle
Liability theories
- Professional negligence by the architect or engineer
- Negligent construction, and breach of contract or warranty
- Product liability against the truss maker
- Negligence or breach of contract by the snow removal contractor
- Code violations
Defenses to expect
| Defense | How to answer it |
|---|---|
| Act of nature, record snowfall | Snow data compared to the design load |
| Statute of repose | Construction repose periods often run around 7 to 10 years from completion, and vary by state. Check early. |
| Certificate of merit | Some states require an expert's affidavit before suing a design professional. Line up the engineer early. |
| It was another party | Keep everyone on notice until the engineers sort it out |
| The owner didn't clear the roof | The contracts and who had the duty to clear it |
Negotiating and settling
- Expect several carriers and coverage counsel on larger losses. Stay on deadlines.
- Review the release with the release checklist.
- Close with the standard closing letter and the deductible reimbursement letter.
4. Letters for this loss
| Step | Letter | Sent to |
|---|---|---|
| Identify | Subrogation Opening Letter to Insured | Insured: plans, contracts, photos |
| Notify | Notice of Subrogation Interest and Insurance Request | Design professionals, builders, snow removal |
| Notify | Notice of Subrogation Interest to Adverse Carrier | Each party's carrier |
| Investigate | Evidence Preservation and Joint Scene Exam Notice and to Responsible Party | All parties, before debris removal |
| Investigate | Joint Lab Exam Notice | All parties |
| Demand | Subrogation Demand to Adverse Carrier | Carriers |
| Negotiate | Second Demand with Escalation Notice, Tolling Agreement Request | Carrier(s) |
| Settle | Release Review Checklist, Closing (Made Whole) or Pro Rata, Deductible Reimbursement | Client and insured |
| No recovery | No Recovery Closing Letter | Client, for example when the snow exceeded the design load |
Sources