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Question DetailsAsked on 10/15/2011

About contracts,can a contractor make you pay him if he did not do the work? No estimate on contract made me call insurance then and there.

After the contractor met with ins adjuster they seemed to be on a tag team i, even founa more work on out building. We sent the check from insurance back. Con man had them write ck to us and him. My husband did not sign

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Please retype your question and clearly state your question(s).

What do you mean no estimate on contract? What do you mean you had to call your insurance company 'then and there'? What out building? Do you have a contract? If you do and it doesn't list any work on the out building, you cannot include it later.

Typically you will have one of two things happen when an insurance repair is needed:

1) you will have a contractor or two look at the work and provide an estimate for the work. This is not a contract, it is not binding. The insurance company can then issue a check in the amount of the estimate, or refute the estimate and send their own adjuster to review the work. Who the check is made out to is between you and the insurance company, and your policy rules.

OR

2) The insurance company sends their own claims adjuster out, who reviews the work and prepares a settlement amount. Often they will give you a list of recommended contractors to use, and typically there is an agreement between the insurance company and these contractors for set prices or rates. (To reduce the insurance company's costs).

In either situation the builder and the insurance company are not working together. An estimate is not a contract, and a contract should contain a fixed price, a not-to-exceed price or a set rate with an estimated total amount.

By signing the insurance check you are agreeing that the insurance company has met their obligation. It is very difficult to get additional work done after the initial check/inspection, which is why it is critical to be thorough in the inspection and estimating stage.

Work with a licensed professional Architect; they know what to look for and how to proceed, and can oversee the contract and payments to ensure the work is completed. They also know how to document when additional claims will be needed, when new issues are found during construction and will be able to provide the insurance company the documents/drawings needed. Often design professional fees are covered by the Home Owner's insurance as well.

Good luck.

Source: http://www.aia.org

Answered 7 years ago by Kenny Johnson




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