My home was built in 2005 I purchased it in 2007. At the time of purchase the home was inspected it was deemed OK. In February of 2010 we had some heavy sustained rain storms and we noticed a leaking water and a wet spot in two location in our living room. In July we had a light rainfall and this time there was leaking causing a hole the size of a dime in the ceiling. Insurance company sends a claim representative who recommends an engineer come out and look at the home. The conclusions of the engineer are that the roof leaks are due to construction defects associated with the application of the vented ridge cap shingles. He further states that the problems are related to the original erection of the house and the application of the roof shingles. The engineer further state that this defective condition should have been reasonably identified by a typical inspection. Since my insurance company does not want to pay the claim what can I do?

You get the problem repaired, get statements from expert witnesses and sue every party you can lay your hands on - I would concentrate on the subcontractor, the main contractor and the manufacturer.

I assume this is a prefab - ?

You get the problem repaired, get statements from expert witnesses and sue every party you can lay your hands on - I would concentrate on the subcontractor, the main contractor and the manufacturer.

I assume this is a prefab - ?

Yes. It was built in Canada and shipped down here in two pieces

The person who caused the problem is the person to be sued - the manufacturer (if the manufacture of the home makes it impossible to get a tight roof) OR (more likely) the subcontractor.

I'd go after the sub and, if you had a general construction company, them, too.

Well first or course an enginner hired by the insurance company will normally say it is not insurance company fault.

Have you have it inspected by contractors and gotten their written opinion on it ?

Next is this something that a home inspector would have noticed and why did it take 3 years to happen. Not leak before.

But you first prove to yourself it is wrong, get it fixed, and then sue all three.