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A Blair County-based roofing company, in answer to a recently filed lawsuit, has denied it was responsible for water damage to St. Demetrius Catholic Church in Gallitzin 18 months ago from stormwater during a roof replacement project.
The lawsuit was brought by a New York insurance company that provided coverage for the Diocese of Altoona-Johnstown.
The Westchester Surplus Lines Insurance Co. filed the federal lawsuit earlier this week to recoup the $1,425,665 that it paid to have the church restored.
The church congregation was forced to hold services in its nearby activity center for several months after the Sept. 9, 2021, storm.
According to the lawsuit, the companies working on the project opened the roof despite warnings of a storm coming that day.
The lawsuit charges that the companies on the project failed to protect the property during the storm by appropriately tarping the roof.
The insurance company has sued Guardian Roofing and Seal Coating LLC of Lakemont and subcontractor, LA Roofing of Portner Avenue, Manassas, Va.
Kirk Zimmerman, Guardian Roofing owner, said his company will eventually be vindicated.
He said, however, that he can't talk about the lawsuit and referred questions to his attorney, Thomas E. Zumpella of Pittsburgh.
Zumpella on Thursday filed Guardian's answer to the lawsuit in federal District Court in Johnstown.
The answer stated that Guardian subcontracted "some of the work" to LA Roofing.
The lawsuit stated that on Sept. 9, 2021, the workers removed "large portions" of the church roof, but the answer filed by Guardian Roofing stated it does not know what is meant by the phrase "large portions" and denied that part of the lawsuit.
It also denied that the roof was improperly tarped, and other specifics of the incident that included failure to provide proper oversight of the project, failure to hire a qualified and properly insured subcontractor and failure to ensure that all roofing work at the property was performed in a safe and workmanlike manner.
The lawsuit charged Guardian and LA Roofing with civil counts of negligence.
In addition to answering the specifics of the complaint, Guardian has filed a cross-claim against LA Roofing, in which it charged that the Virginia subcontractor "is solely and/or exclusively liable to the plaintiff (the insurance company) upon their causes of action."
Guardian contends that LA Roofing as a subcontractor agreed to indemnify the Lakemont company for all claims arising out of, or resulting from performance of LA Roofing LLC's work.
LA Roofing has yet to answer the lawsuit.
Attempts to contact LA Roofing for comment have not been successful.
The voice mailbox for LA Roofing has not been set up yet, according to a recorded message.
Virginia records list the company as inactive.
It lists the business agent as Rene Dionisio Argueta.
A man who identified himself as Rene Argueta of the Argueta Roofing Co. of Woodbridge, Va., said he knew nothing about the lawsuit.