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Question DetailsAsked on 3/2/2017

My roofing contract finished the job and has not sent the final bill to the Insurance ?

The Roofing Co is asking from me to pay for the final invoice which I never received. This deal it was arranged through the Insurance Co., but they don't send the invoice to the Insurance Co. I told to the roofer that he needs to send it and they will pay him. He ignore my emails and text messages and does not send the invoice and he treated me saying that if I don't pay them, they will put a lien on my house. what should I do, Can they do that?

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Contract should have spelled out if payment was contingent upon receipt of insurance check(s), and that the insurance was responsible for paying the bills if that is the case - otherwise if the contract is with you then payment is your responsibility, whether or not the insurance company pays for it.


Not saying this is so, but he might be waiting for final billing from providers or working up a supplemental change order for more money so is not ready to give you a final invoice.


Also - you should not final pay until any required inspections are done and signed off as approved - some insurance companies do a final inspection of repair work, and many areas require a building inspection signoff - never final pay until the inspection is complete and any remedial work has been done and reinspected and approved.


Generally, if he files a lien without providing appropriate billings that would be at a minimum failure to abide by UCC contractual requirements, and could also be criminal in some states (because it is illegal in at least some to file a fraudulent lien, and a lien can generally only be filed if the customer refuses or fails to make payment after proper request (which in this case would be in the form of a final invoice or billing).


Couple of things you can do - first contact the insurance company and see if they have received the invoice and if they are processing payment, and request (if not coming through you) that they send you notification of when payment is sent out. And notify the contractor in writing of this status of payment.


If that is not going to resolve it or they did not receive it (and ask about inspection requirement by them if any), then invoice should go to you to present to the insurance company for payment. Send contractor a certified return receipt signature required letter stating (assuming this is true) that you consider the work complete but you have not received a final invoice, and for him to get paid he needs to provide you with a final invoice to provide to the insurance company for them to make payment, and that it is improper and possibly illegal for him to threaten filing a lien when he has not presented the final billing to you. Also note if there is any inspection pending or still needing to be done before final payment can be made.

Answered 1 year ago by LCD




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