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Roofing Contractor problem

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B

Bob Morse

Guest
What is the name of your state? Missouri

The city I live in recently had a bad hailstorm. I put a claim in for my home. The Insurance company had a claims adjuster come out and look at the damages. The two of us went up on the roof, and upon seeing the roof damage, she told me to get a bid to replace the roof. This is where my story gets interesting. Later that same afternoon a truck pulls up, going door to door down the block. A roofer trying to drum up business. The guy tells me he'd act in my best interest to satisfy my claim with the insurance company for the amount of replacement cost value. I was stupid enough to sign an agreement with him to allow him to do so. Here is what I signed:

"Homeowner agrees to allow (Roofing Company Name Here) to act in his/her best interest to initiate and/or satisfy this claim with homeowners insurance company for the amount of replacement cost value. Should for any reason this claim be denied by homeowners insurance company, this agreement/contract shall be null and void."

Another initial acceptance box was as follows:

"Homeowner approves (Roofing Company Name Here) to collect overhead and profit on all insurance work completed."

I had to initial the acceptance of this, and he then measured the roof, stuck a sign in my lawn, put an estimate together and faxed it to my insurance company the following week.

My question is this....
I am only one of the homeowners, my wife being the other. My wife was not present, nor did she know about what transpired until I had already signed this "agreement". She immediately made it known to me that she wasn't happy about it, and wanted other bids on the work to be done. Do both husband and wife, the homeowners, have to sign this type of contract for it to be valid?

I have since had numerous contacts with this roofer, and told him of my wife's displeasure. He in turn has been making vailed threats to sue me, and mentioned that if he didn't get the work I should "take care of him" to the tune of around $1000.00 for all his "efforts" He is acting like he got me tons of money I wouldn't have gotten had I just dealt with the insurance company myself. I strongly disagree, and don't think he really did all that much, other than fax them a bid. I am considering hiring a lawyer to get this guy off my back. In my opinion, all he has done is give me an estimate. He didn't deal directly with my claims adjuster, I did that. And the insurance company didn't OK his bid verbatim. They disallowed several thousand dollars he had tried to get. Doesn't that constitute my claim being denied by my insurance company?

Finally, the guy misrepresented his company to me in the first place. His truck and yard signs all give the appearance he's a legit company. Licensed, bonded and insured. When I asked for proof of insurance, he stalled 5 days, and then came back with a certificate of liability insurance, and a waiver of physical liability holding me harmless to injuries the workers may incur installing the roof. I asked him what the waiver was for, didn't he have his employees covered by workers compensation insurance? He said his workers were actually subcontractors, and NO, he didn't carry workers comp on them. It's way too expensive. I told him there is no way I'm allowing his subcontractors on my roof without it. I don't think his waiver is worth the paper it's printed on. So, what should I do? I'm thinking of reporting him to the Better Business Bureau, the Missouri Attorney General, getting myself a lawyer, etc. Or should I not worry about this guy at all, since my wife didn't sign his so called "contract".

By the way, I never signed the part that agreed to make his company the contractor to complete the services he submitted to the insurance company. At that time, he hadn't even put a price on the sheet. When I signed him in to make his bid and represent me to the insurance company, he told me it was really no big deal, it just made the insurance company take him more seriously. By the way, he has a Missouri business address, but Louisiana license plates on his truck. He keeps just showing up at my house, nights, weekends, whenever trying to coorce me into getting the work started. What a dope I feel like. How do I get rid of this guy???
 
Last edited:


HomeGuru

Senior Member
Bob Morse said:
What is the name of your state? Missouri

The city I live in recently had a bad hailstorm. I put a claim in for my home. The Insurance company had a claims adjuster come out and look at the damages. The two of us went up on the roof, and upon seeing the roof damage, she told me to get a bid to replace the roof. This is where my story gets interesting. Later that same afternoon a truck pulls up, going door to door down the block. A roofer trying to drum up business. The guy tells me he'd act in my best interest to satisfy my claim with the insurance company for the amount of replacement cost value. I was stupid enough to sign an agreement with him to allow him to do so. Here is what I signed:

"Homeowner agrees to allow (Roofing Company Name Here) to act in his/her best interest to initiate and/or satisfy this claim with homeowners insurance company for the amount of replacement cost value. Should for any reason this claim be denied by homeowners insurance company, this agreement/contract shall be null and void."

Another initial acceptance box was as follows:

"Homeowner approves (Roofing Company Name Here) to collect overhead and profit on all insurance work completed."

I had to initial the acceptance of this, and he then measured the roof, stuck a sign in my lawn, put an estimate together and faxed it to my insurance company the following week.

My question is this....
I am only one of the homeowners, my wife being the other. My wife was not present, nor did she know about what transpired until I had already signed this "agreement". She immediately made it known to me that she wasn't happy about it, and wanted other bids on the work to be done. Do both husband and wife, the homeowners, have to sign this type of contract for it to be valid?

**A: no, one signature by either you or your wife is all that is needed to establish an enforceable contract.

I have since had numerous contacts with this roofer, and told him of my wife's displeasure. He in turn has been making vailed threats to sue me, and mentioned that if he didn't get the work I should "take care of him" to the tune of around $1000.00 for all his "efforts" He is acting like he got me tons of money I wouldn't have gotten had I just dealt with the insurance company myself. I strongly disagree, and don't think he really did all that much, other than fax them a bid. I am considering hiring a lawyer to get this guy off my back. In my opinion, all he has done is give me an estimate. He didn't deal directly with my claims adjuster, I did that. And the insurance company didn't OK his bid verbatim. They disallowed several thousand dollars he had tried to get. Doesn't that constitute my claim being denied by my insurance company?

**A: no.
***********

Finally, the guy misrepresented his company to me in the first place. His truck and yard signs all give the appearance he's a legit company. Licensed, bonded and insured. When I asked for proof of insurance, he stalled 5 days, and then came back with a certificate of liability insurance, and a waiver of physical liability holding me harmless to injuries the workers may incur installing the roof. I asked him what the waiver was for, didn't he have his employees covered by workers compensation insurance? He said his workers were actually subcontractors, and NO, he didn't carry workers comp on them. It's way too expensive. I told him there is no way I'm allowing his subcontractors on my roof without it. I don't think his waiver is worth the paper it's printed on. So, what should I do? I'm thinking of reporting him to the Better Business Bureau, the Missouri Attorney General, getting myself a lawyer, etc. Or should I not worry about this guy at all, since my wife didn't sign his so called "contract".

**A: report him to the contractor's license board.
**********

By the way, I never signed the part that agreed to make his company the contractor to complete the services he submitted to the insurance company. At that time, he hadn't even put a price on the sheet. When I signed him in to make his bid and represent me to the insurance company, he told me it was really no big deal, it just made the insurance company take him more seriously. By the way, he has a Missouri business address, but Louisiana license plates on his truck. He keeps just showing up at my house, nights, weekends, whenever trying to coorce me into getting the work started. What a dope I feel like. How do I get rid of this guy???
**A: the next time he shows up, call the police.
 

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