• Roofer, just down from our roof: ‘Whoever did this roof, did you wrong.’
  • We could not find a roofer willing to repair our roof
  • We had the big stones removed from roof by mistake


Roofer, just down from our roof: ‘Whoever did this roof, did you wrong.’

roof-first-rain-wpOur second major roof leak, 6/9/09 left, where water gushed out the same places as the first time, air conditioner duct, light switches, and electrical outlet.

Beau Rutherford went up and supposedly repaired the roof after the 5/2/09 roof leak. But as is clear a month later, Beau Rutherford’s roof repair failed.

The builders had their roofer try to repair the roof the second time, but it too, failed.

Beau Rutherford, himself, patched a water-created hole in the wall at the light switch by 6/27/09. (See below.)

Efforts in person and in writing to get the builders to fix the leaking roof got no action from them before we terminated Rutherford Custom Homes  in late July.

Here are builders’ comments under oath at their depositions Sept. 15, 2011.

James W. (Beau) Rutherford, Jr.:

Q: Subsequent to the completion of the roofing, was there ever brought to your attention any defects in the roofing?
A: No defects in the roofing.
Q: Did the Roses ever point out a problem with the roof to you?
A: Not that I can recall.

James W. (Jim) Rutherford, Sr.:

Q: Did you see any defects in it (the roof)?
A: I didn’t see any defects in it, and we went through a lot of rains; it never leaked a drop.

Rutherford Custom Homes roof gusher
Rutherford Custom Home gusher
Beau Rutherford attempted roof fix didn't work
Rutherford Custom Homes did nothing about wet wall To Do item.
James W. Rutherford Jr. patched the wall, didn't stop roof leak
Builder ignored signs of roof leaks, To Do list items
Rutherford Custom Home moisture intrusion
Roof issues note with photos to Rutherford Custom Homes President Beau Rutherford.
Rutherford Custom Homes ceiling water stains
Rutherford Custom Home roof leaks
Rutherfors Custom Home roof leaking
Rutherford Custom Homes roof leaking
James W. Rutherford Jr. testified he approved the roof
Rutherford Custom Homes roof hole, water buildup
Rutherford Custom Homes roof rust, separation, leak
Rutherford Custom Homes roof patch had holes
Rutherford Custom Homes' new roof was loose, leaked
Rutherford Custom Home new roof without mastic
Rutherford Custom Homes stapled on roof
Rutherford Custom Homes roof staples rusted, popped out
Standing water on Rutherford Custom Homes roof
Rutherford Custom Homes' roof directed water to stone walls
Rainwater enters Rutherford Custom Homes home
Roof hole in Rutherford Custom Home.
Rust under Rutherford Custom Homes roof
Rutherford Custom Homes roof had to be replaced

Our first rain (light one), 7 months after moving in, brought gusher.

Rain exited the wall at ac duct and 2 electrical outlets.

After Beau Rutherford so-called fix, 2nd rain a month later brought 2nd gusher.

Water from roof was going inside wall into wood floor.

Beau Rutherford, himself, patched wall. Despite requests and To Do list, water flow through damp wall to floor (cupped) wasn't fixed.

Top 2 later found to be roof leaks. Builder didn't fix roof-into-wall leak at entryway door. Moisture meter later showed flow to slab under wood floor.

Moisture meter and wood damage pointed to moisture migration from porch roof.

Note includes photos of roof issues the architect pointed out to Jim Rutherford

Water stains in TV den ceiling.

Water stains from roof leaks on kitchen wall.

In-ceiling lights were going out extraordinarily quickly.

Rutherford Custom Homes roof from above.

Builder Beau Rutherford testified that he approved this Rutherford Custom Home roof.

Water buildup near hole in Rutherford Custom Homes roof.

Rust and separation were among roof problems.

One of the builder's patching attempts on our roof.

Reconstruction roofers pointed out problems.

Gaps in roof without mastic moisture barrier.

Gutter repairman said roof was our problem. There are hundreds of staples coming out of your roof, he said.

Staples coming out of foyer roof. Here, water has pooled, but foyer, porch and TV den roofs directed water to the home's adjacent stone walls.

Reconstruction roofers found flashing issues at Rutherford Custom Homes roof here, elsewhere.

It was pointed out to us that roof should not be directing water to our walls.

Roof rainwater flowed to wall, then to door where it flowed down into wood floor, inside.

Subcontractor said he pointed out big hole to builder, who did nothing. We sealed the opening.

Rust was found on underside of foyer roof when we had the roof replaced.

Leaking Rutherford Custom Homes roof (old roof) had rust spots underneath. New roof has never leaked.

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We could not find a roofer willing to repair our roof

When we were looking for a good roofer to repair our new Rutherford Custom Homes roof, we had some interesting responses.

Number 1, nobody would repair the roof. Said one: We would never put our name on that roof. Another, after inspecting it and sounding excited, said: That’s the worst roof I’ve seen in my 18 years of roofing. Another said he wouldn’t put it on a dog house.

Some of the items one roofer said contributed to our leaks were:

  • too few screws
  • many screw heads were broken off
  • no mastic
  • little caulk
  • missing metal flashing where a roof met the home’s wall
  • roll roof not home grade
  • hundreds of thin staples that rusted and popped out were used to hold down the roof
  • chimney cricket wrong
  • loose metal roof panels
  • foyer, TV den and porch roofs slanted to direct water into the home rather than away from it.

While we were living in the house, Jim Rutherford called and said not to be surprised to see someone on the roof. He would not say why he would be there but the builders had left a ladder and roofing materials in our garage for months after we moved in. Also, there remained a can of some kind of roofing material on the roof by the chimney. The builders had been asked to finish the roof and remove these.

We had the big stones removed from roof by mistake

Not long after the phone call, a neighbor who took walks up our hill and could see our roof from above, asked why we had large stones on our roof. I thought they must have been put there by mistake and asked the stone crew to come by and remove them.

Much later, when I mentioned the large stones to one of the roofers we were interviewing, he didn’t hesitate. He said they probably were there to hold down the loose metal roof panels.
James W. (Beau) Rutherford Jr. in his deposition:

Q: And is it also true, then, from its beginning through its end that it met your approval from the standpoint of it being suitable as a completed residence for the Roses?
A: Yes, sir.