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ASKED ON 01/27/2012

signed roofing contract based on insurance claim paid-want to hire another company-BBB/Angie's list quality/tactic complaints-what do I do?


over a year ago signed a roofing contract when promised help with the insurance company to get a new roof. Ins. co. paid the claim. In conversation with co. reps. was told company wanted to cut corners to save me money so little out of pocket expense. The ins. claim paid for the work that was to be cut. Since then other companies have said they advise against not replacing the flashing on my roof- one of the corners to be cut. The BBB and Angie's list had complaints in 2010 and 2011 against this company concerning quality of service and products. I want to use another roofing company. What can I do?


Voted Best Answer

This is complicated because since you signed a contract.. you are obligated to honor it. Yet in my business, if a customer wants to cancel. I let them..

It also depends on your state laws. If the contractor represented you in the claim and IS NOT an licensed adjuster, you may have a strong legal stand to end the contract.

Also for the contractor suggesting that you "PROFIT" from the insurance claim is also Illegal in my state..

ANSWERED ON 01/30/2012

Answers

This is complicated because since you signed a contract.. you are obligated to honor it. Yet in my business, if a customer wants to cancel. I let them..

It also depends on your state laws. If the contractor represented you in the claim and IS NOT an licensed adjuster, you may have a strong legal stand to end the contract.

Also for the contractor suggesting that you "PROFIT" from the insurance claim is also Illegal in my state..

ANSWERED ON 01/30/2012

A contract is only a legal document if there is a penalty written into it. Usually it's a wise idea to replace flashing while putting on new shingles. Reason being if you get a leak from the flashing later during the roof life it's difficult to replace the flashing without damaging the shingles resulting in more damage you had in the first place. Where are you located? Knowing this will help answer your question or feel free to call me to go over the legalities of your contract. To see if their is a loop hole out of it or not 407-353-0213.
ANSWERED ON 01/31/2012

So just so I am sure I understand... A storm chaser came knocking on your door and convinced you that you had storm damage and would get you a "FREEroof". (Nothing is free). They convinced you to sign a contingency agreement, likely on the claim that they needed approval to climb on your roof, and in signing that agreement you signed away YOUR power of attorney to negotiate and make decisions on repairs on your own home. Then you discovered that this company, like most storm chasing companies, is complete manure and you regret your decision. Would this sound accurate?


Well the good news for you is that in some areas, a contingency agreement is not legally enforceable. The bad news is 2 part, it is enforceable in some areas; and even the areas where it is not enforceable you are likely to have a legal battle to get out of it.

Ok so what will happen? Well, most likely the contingency agreement will have a cancellation clause, which will state something to the fact of if you chose to hire someone else you will pay to the company something like 30% of what they got from the insurance. In my opinion this part of the clause on a contingency agreement is fair, (30% may be unfairly high IMO) and this is because there are "private adjusters" out there that will perform this service for you as a consultant and they would charge similiarly.

This whole "storm restoration" is mostly a scam. The storms always bring out the worst in people, both consumer and contractor. However, there are good companies out there providing good honest service, but they get lumped with the majority of bad apples who steal from everyone. Many storm chasers inflate their bill to the insurance company, they provide sub standard work to the home owner. When the work starts to dry up, they stop paying their sales reps, and stop paying their suppliers, finally when they are out of money (because it's IMPOSSIBLE to be profitable working for the peanuts insurance companies offer) they skip town with work left un done and down payments in their pockets. This happens time and time again, storm after storm... just google it.

For what it is worth, when someone tells me that they have storm damage and insurance is paying for it. I ask them how much they can afford to come out of pocket. Just food for thought.



Ok so any time a roof is replaced, all flashings should be replaced. The flashings should never be reused. They may loko good now but will they look good in 3 years, 5 years? Why replace just the shingles, they are only one component of the roofing SYSTEM. The flashings are the area of the roof which the roof will leak first, thus the most critical IMO, however they require specially trained and skilled roofing craftsmen, and these craftsmen cost more. Most likely the company can't replace the flashings, they don't know how. They'll just slap a bucket of tar on it. Oh by the way, what they are doing is FRAUD, and is a reason IMO insurance companies should inspect each and every roof after it is replaced and before it is paid for. I couldn't tell you the number of fraudulant roofing jobs I have seen installed by insurance companies; Flashings are a large part of that.

I could go on and on and on ranting about your situation. I see it hundreds of times a year. It just sickens me to my core.

I hope you learned something: DON'T SIGN AGREEMENTS BEFORE YOU READ THEM, AND DON'T SIGN AGREEMENTS WITH COMPANIES BEFORE YOU RESEARCH THEM.

Source: http://www.reliableamerican.u
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ANSWERED ON 01/31/2012