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Contractor/ mortgage company/insurance issues

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bigearl67

Junior Member
What is the name of your state (only U.S. law)? Indiana

I had a contractor lined up too install a new roof after fire damage to my home. The mortgage company didn’t like the set up with him but used his quote (the mortgage company was sent the check by the insurance company and they are dictating how the money will be spent). I found another contractor who would match the first quote and decided to go with him. The mortgage company sent a check for $5000 to me but in the contractor’s company name necessitating that I could only endorse it and it would need to go into his business account. The new contractor said he ordered the new custom roofing materials but a couple weeks later told me they came in red instead of brown and he fought to re-order them. I checked this out and it simply was not true. Neither Home Depot (said distributor) nor the roofing material supplier has had any orders even similar and neither had any communication with my contractor. This fictitious incident pushed the time frame back almost five more weeks while the contractor was out of town. Yesterday he was supposed to install the new roof but was a no-show. Today I get an e-mail that he is having back surgery and needs to put off the roof another two weeks. Today I checked again with Home Depot and there was never an order placed for the new roof, despite the contractor telling me it’s been ordered almost six weeks ago.


The initial check from the insurance company was for the lost value of the property, not the replacement cost. I will not get the final check from the insurance company until all work is complete (roughly $5000) and if I understand my policy correctly I have a six month time frame that is fast approaching (October 7th). I also put a lot of time and effort into the interior work myself (drywall, insulating, ect.) and want to be paid for this as well but the mortgage company can’t do this until the new roof is on. Now I have fresh interior work under a burnt up roof that leaks.
For almost half a year I have been trying to get my home back in order after the fire but have been waylaid by the needs of others. If I had even some control it would have been done in weeks.
I understand the contractor is not obligated to be honest and the Mortgage Company is under control and holds no real accountability but am I just simply just screwed on this? I have no idea if my contractor has any intent on doing the work he has been paid to do despite a quote and contract. Anyone have any advice? Thanks, Earl.
 


FlyingRon

Senior Member
The insurer can't mandate you deal with any particular contractor. The have to pay out any reasonable amount provided the work gets done. If you have enough money to float things, the easiest way is to just pay the contractors out of pocket and then demand payment from the insurer afterwards. Note the checks will almost always come to both you and your mortgage company, but if you can show via receipts that the work is complete then getting the mortgage company to endorse the check to you is usually pretty straight forward.

I would have NEVER given the full payment to the contractor. If the insurer wrote the full amount check, I'd have sent it back to them
 

bigearl67

Junior Member
FlyingRon,
Thanks for the reply. The insurer has been out of the picture since they made the lost value payment in May. Now I am dealing with the Mortgage Company. The insurer will not come into play until the replacement value payment is to be made, and that needs to happen when all the work is complete and before October 7th.
I’m not sure of what the contractor’s overhead is but the payment was for more than his profit margin, however not enough to cover the full job if done.
I do know that if I had been issued the funds the roofing material would be at my house now and the contractor would have a money making opportunity ahead of him. As it stands he’s already been paid more than his profit margin and I am more of a liability than an opportunity. It’s really aggravating since we are getting into some cold weather already. Earl.
 

bigearl67

Junior Member
Sorry you are having issues.

:confused:That is what one gets when they go with a *Storm chaser*.
He actualy has an established business. Checked out with the BBB and Manta. Just don't know whats going on. He is insured and bonded and the Mortgage Company has his info. Earl.
 

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