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Question DetailsAsked on 9/7/2014

I was wondering if I was obligated to a roofers contract.

Roofer looking for hail damage. The roofer got on my porch roof and garage roof. Did not get on the main roof. Never measured and did not write up an estimate. Below is where I think I am not obligated.

Contract:
I understand that this contingent agreement becomes legal and binding upon my insurance company’s approval of any and all damages agreed to by ROOFING COMPANY and my insurance company.
Homeowners Initials_______

The roofer never worked with the insurance company and never came up with an estimate.

The roofer was supposed to meet with the adjuster at my home but didn't because he new the adjuster and thought he would deny the claim. The roofer also said to give him a call the next time I have damage.

They approved the claim and I do not want to use this roofer because he left me hanging and pretty much made me feel like my roof wasn't worth his time.

So am I obligated to this contract or is it Null and void now?

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7 Answers

0
Votes

You might need to talk to an attorney about this, particularly if the roofer objects, but if that is the whole "contract" then it is missing required elements of a contract like price, job address, scope of work, schedule, signatures or the parties, date, etc.


If he refused to meet with the adjuster I would guess it might be because the adjuster knows the roofer as a scam artist and they will not allow him to work on claims jobs.


I would ASAP send the contractor a certified, return receipt with signature of addressee required letter, referencing the document date (but not calling it a "contract") and state that due to his refusal to meet with the adjuster and lack of a cost estimate or bid and a difinitive scope of work you do not consider that there is any contractual arrangement between you and him, and will not be using his services. Before doing this I would talk to the adjuster and make sure the contractor has not been talking to them - because if he has done so without your approval he might have thrown a monkey wrench into the works - and make sure they do not show the contractor as the designated recipient of the claim check, because there is nothing in your "contract" as shown above that assigned your claim rights to him - which is good - that is one of the more common roofing and siding damage claim scams.


The reason I warn about that is that for that type of damage usually the insurance companies ask you to get a bid for them to base the claim amount on - in my experience, not normal for this type of loss for them to just issue an approved claim based on their own estimated cost.


Here is a prior response I gave on a similar but not identical case which might have elements of interst to you too -


https://answers.angieslist.com/Does-i...

Answered 5 years ago by LCD

0
Votes

The whole contract is below. I have spoken with the adjuster and they are not working with the roofer and no estimate or cost have been communicated with the roofer. The adjuster said they are going to come up with the estimate. The adjuster got all of the measurements and payment will be based off of that. I will check with an attorney but I think based on the first paragraph it makes the contract void becuase in order for it to be legal and binding the roofer would have to agree with my insurance on a cost. Let me know what you think. I know this is something I should not have signed. Thanks for your help.


I, NAME HERE Authorize ROOFING COMPANY to negotiate with my insurance carrier for the property damage at: ADDRESS City: CITY State: STATE Zip: 55555 Phone: 555-555-5555

I understand that this contingent agreement becomes legal and binding upon my insurance company’s approval of any and all damages agreed to by ROOFING COMPANY and my insurance company.

Homeowners Initials_______

I understand that ROOFING COMPANY will act as my agent to obtain an appropriate (scope) of damages such as but not limited to (Roof, Siding, and/or gutters etc…) and an agreed cost of repair/restoration. I direct my Insurance company to discuss all matters pertaining to my claim/loss with ROOFING COMPANY.

Homeowners Initals________

I direct my insurance carrier to include ROOFING COMPANY as payee on the Insurance Draft for said damages. (Federal ID 00-000000) Homeowners Initals_______

ROOFING COMPANY will perform all work in a workmanship like manner according to Standard Industry Practices. ROOFING COMPANY will repair and restore the property to the same condition in which the property existed prior to the damage, loss or expenses occurred or to a reasonably comparable condition. If the amount of this contact is not paid when due, Homeowner agrees to pay all costs of the collection and attorney fees in the collection of this amount.

Homeowner has 3 days from the date shown below to decline this contract.


Homeowners Initials_______

It is signed and dated.

Answered 5 years ago by Guest_9310595

1
Vote

If this is still within the 3 day time frame (sounds like not) I would send the company formal notification that you are voiding it.


The contract would not be null and void - though it may be voidable by you for several reasons - lack of meeting of the minds, his failure to meet with and negotiate a claim amount with the adjuster, etc. - but it is not automatic - takes deliberate steps to void or cancel a contract, and to ensure the roofer does not put a lien on your property.


Oherwise, contact attorney immediately - this is a classic case of a storm-chaser contract where you basically made the roofing company your agent to make any claim they want from the company, AND promised to pay them if the insurance company does not do so. An attorney can probably break it because of lack of essential elements of a contract and possibly because you did not intend to grant full authority to the roofing company to act as your agent - but yes, this is a type of contract you should NEVER sign, both because you lose all control and also because YOU and your insurance rating at at risk of the actions this person may take in your name - because you effectively gave him almost full power of attorney with respect to insurance claims with respect to your house, and to receive the insurance check whether or not he has done the work !


First thing the attorney should work on is revoking the authority with the insurance company for the check to be sent to the roofer.


A lot of people find out the claim has been inflated to include all sorts of damage, even fake car hail damage, the contractor may or may not start work and then file a work completion statement with the insurance company to get payment, and runwith the money- commonly leaving people with ripped off siding or roofing that leaves them in worse shape than before, AND the insurance company may come back against the homeowner for his agent filing a false work completion certificate and sue to get the claim amount back AND cancel your insurance for fraud - which can prevent you ever getting insurance again - can be a REAL nightmare.

Answered 5 years ago by LCD

0
Votes

I am going to contact an attorny today about this but also wanted to let you know that it is a "Contingent Agreement." This was signed a month ago. Not sure if that really makes a difference or not but just putting it out there.

Answered 5 years ago by Guest_9310595

0
Votes

The fact it was a contingent contract probably means nothing at this point, because ofthis phrase -

I understand that this contingent agreement becomes legal and binding upon my insurance company’s approval of any and all damages agreed to by ROOFING COMPANY and my insurance company.


All the roofer has to do is say he agrees with the insurance company estimate and he can say that the above clause is fulfilled, thereforethe contingent contract agreement is not in effect - so go ahead with contacting attorney, and ASAP - hopefully before the roofer get any contact from insurance company about their estimate being issued.


Unfortunately, the obvious thing would be to revoke the agent authority with the insurance company so they do not contact or make any payment to the roofer - but unless you are committed to claiming fraud against the roofer (which you have not said to date) doing that could be construed to be an improper interference with the contract and contract breach on YOUR part, which could make your case weaker - so I would talk to attorney first before taking any action, who I suspect will emphasize lack of consideration, lack of the essential elements of a contract, lack of meeting of the minds, and (depending on conditions when you signed this) possibly duress as the reason to void the contract.


You have my sympathy - more and more of this type contract is cropping up these days, sometimes even on service and warranty claims on HVAC and home warranty repair claims and such - real trouble for homeowners.

Answered 5 years ago by LCD

-1
Votes

Whomever answered these questions has a very slanted position towards classifying roofers as doing wrong by helping homeowners. Alot of fear tactics are used in these answers that are easily resolved by simple communication with a professional contractor. Why people try to point fingers after they made an agreement is usually because homeowners are attempting to take the $ and run not usually the other way around! Bottom line if you make agreements with people and they "do" fullfill their agreement then each party should honor their words and signature. This contractor did not but that is an exception.

Answered 3 years ago by upwardlife

0
Votes

First to address the person that states the responces here are slanted and all roofer are not wrong doers. I dont see the responces here as slanted. I have however come across far too many wrong doers that are roofing contractor.


Second, I am currently going through the exact same thing myself. My husband signed what he thought was an estimate which turned out to be more than an estimate. Now the WRONG DOING roofer wants 25% of the insurance check plus more.


We are seeing an attorney tomorrow.


Thing is my husband can't read and did not haved his glasses to see where to sign. The WRONG DOING roofer had to point out the place for him to sign.


The roofer sent us a certified letter demanding the money and promising to put a lien on our home.


Oh well or maybe that should be what the hell?

Answered 3 years ago by mcmofra




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