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Question DetailsAsked on 11/1/2016

I sign a contract with a roofing co. But the co didn't do any work because he will not give a estimated

I did a insurance claim and I ask the roofer for a estimate and he refuses to give me a estimate so I wouldn't let he do the roofing job so he suited me

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2 Answers

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First - if you have actually been serviced with a notice of suit (or similar sounding court-filed document legally stating you are being sued) then you need an attorney for certain - though even if this is verbal bluff by the contractor you still need legal advice from an attorney, because if the contractor next files a lien against your property a lot of bad things can happen. Not only can you not sell the property without the lien being cleared one way or another, but the very filing constitutes a "default action" in many contracts, so it dings your credit report severly, and can cause debt acceleration on any other debts or laons you have - mortgage, credit cards, store charge cards, student loans - potentially ANY form of credit or debt you have.


And sorry but no - Angies List does not rate or list attorneys - you have to find that yourself by googling, referrals from friends or coworkers, etc - referral from an attorney (regardless of specialty) that you have worked with or had contact with in the past and you liked or respected is also a good source - ask what attorney THEY would use in this sort of case.


One key factor - unless the contract states either a firm contract price, or that he will accept the insurance payment (possibly plus your deductible) as payment in full for the repair/replacement as applicable, then there is no firm or determinable compensation specified in the contract - hence it is no contract. There are a number of items that have to be in a contrat for it to be a legal contract - names of parties, dated, determinable or stated compensation (payment amnount) and description of what the vendor or contractor is providing in return for the compensation, address of the location of the work, timeframe for the work or completion date, and meeting of the minds - that all parties know what they are giving and getting and are in agreement on the terms. Sounds like at least lack of contract price (though a statement he will accept whatever the insurance company pays plus maybe your deductible amount from you might satisfy that), and possibly lack of a meeting of the minds are missing in this case.


Sounds to me like a scam artist or prototypical "storm chaser" - contractors (legal or otherwise) who go around after major storms and induce people to sign away their insurance rights in exchange for a promise (often not kept) to repair / replace their roof or siding. I would do some checking on the state contractor licensing board to see if this guy is even licensed to do roofing (if your state licenses that), whether he has any bonding and insurance required by law (varies by state), whether he has a business license - if he is not legally licensed that would be an easy way out of the situation, bu reporting him to the licensing board and police for fraud.


I suspect he is threatening you with a suit as a bluff - but you just never know. Some contractors have slimy lawyers in cahoots with them that actually file suits, knowing many peoiple will buckle under or fail to respond in court - which gives them a win either way.


I would also (in consultation with the attorney but maybe heads-up to your claims agent immediately) let your insurance company know of this issue and that uyou suspect possible fraud. THEY might demand a detailed estimate from him and provide it to you.


Here are links to the response to your previous question a couple of days ago, plus some others on same or similar subject matter - more similar question nlinks below them, and also in the Home > Roofing link under Browse Projects, at lower left:


http://answers.angieslist.com/Does-in...


http://answers.angieslist.com/Should-...


http://answers.angieslist.com/Should-...


http://answers.angieslist.com/Is-norm...

Answered 2 years ago by LCD

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Answered 2 years ago by Member Services




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