Contractor from HELL

[tennis33]

I hope you can help me with a problem I am having with an insurance contractor. Recently, we had some damge to our house from a hail storm. We contacted the insurance company and the adjusters came out and we received a check for about $3,300 which itemized replacement of the roof and siding. We signed a contract with this company that specializes with insurance work and claims. To make a long story short, upon conversations with the contractor's salesman we were discussing whether or not to replace the roof and just replaced the siding. We were going on vacation and told him that we would have to think about that and would contact him after we came back from our vacation. Upon returning back from our vacation, we were suprised that the roof had been replaced by this contractor. Also, the trim around the front of the house had been damaged and was nailed in place with roofing nails. We called the contractor and told him that we had not decided whether or not to replace the roof and were still talking with the salesman about the color replacement. He said that there was an opening and that had left a message on our answering machine. We told him to stop all work on the house until this could be cleared up and told him about the damage done to the trim of the house. Also, we have not received notification from our Home Owners Association to proceed with the replacement of the roof and siding. Anyway, the contractor tried to defraud us by trying to get us to pay the full $3,200 for the work already done. Not until later did I discover that the cost estimate was for $2,500 and the balance was to be paid by the insurance company for his profit and overhead totaling $3,200. Upon further negotiations, the contractor lowered the bill to $2,500 and would pay me $250 for the repairs I had to make for his sloppy sub-contractors and I told him it was still too high and would have to talked this over with my wife. Dispite my objections, my wife paid them about $2,000. ($2,500 minus $250 for trim repair and $250 for dumpster fees). Now we are receiving a bill from this contractor for the unpaid amount of about $500. I am refusing to pay this remaining balance because of the reasons stated above and also they should pay a price for the bad communications between their departments and replacing a roof that was not authorized. What should I do? What are the consequences?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tennis33:
I hope you can help me with a problem I am having with an insurance contractor. Recently, we had some damge to our house from a hail storm. We contacted the insurance company and the adjusters came out and we received a check for about $3,300 which itemized replacement of the roof and siding. We signed a contract with this company that specializes with insurance work and claims. To make a long story short, upon conversations with the contractor's salesman we were discussing whether or not to replace the roof and just replaced the siding. We were going on vacation and told him that we would have to think about that and would contact him after we came back from our vacation. Upon returning back from our vacation, we were suprised that the roof had been replaced by this contractor. Also, the trim around the front of the house had been damaged and was nailed in place with roofing nails. We called the contractor and told him that we had not decided whether or not to replace the roof and were still talking with the salesman about the color replacement. He said that there was an opening and that had left a message on our answering machine. We told him to stop all work on the house until this could be cleared up and told him about the damage done to the trim of the house. Also, we have not received notification from our Home Owners Association to proceed with the replacement of the roof and siding. Anyway, the contractor tried to defraud us by trying to get us to pay the full $3,200 for the work already done. Not until later did I discover that the cost estimate was for $2,500 and the balance was to be paid by the insurance company for his profit and overhead totaling $3,200. Upon further negotiations, the contractor lowered the bill to $2,500 and would pay me $250 for the repairs I had to make for his sloppy sub-contractors and I told him it was still too high and would have to talked this over with my wife. Dispite my objections, my wife paid them about $2,000. ($2,500 minus $250 for trim repair and $250 for dumpster fees). Now we are receiving a bill from this contractor for the unpaid amount of about $500. I am refusing to pay this remaining balance because of the reasons stated above and also they should pay a price for the bad communications between their departments and replacing a roof that was not authorized. What should I do? What are the consequences?<HR></BLOCKQUOTE>

My response:

In most States, there are laws specifically concerning roofing repair contracts, and how they are formed and that, of course, they must be in writing; e.g., verbal roofing contracts must be in writing, among other things. At the very least, your State should have a law about all contracts valued at over a certain amount, must be in writing, and signed by the parties. Despite the potential of these laws in your State, you had nontheless "ratified" the work done to your home because you paid for the roof work. What distresses me about your post, is that despite the fact you never "authorized" the work, that you paid them anyway. I don't understand your "leap" from checking prices, to actually paying the price. However, you might be able to convince a Small Claims Judge to relieve you from the balance owed based upon the shoddy workmanship (I hope you took pictures) and the need for disposal (I hope you kept your receipt) of the old roofing materials. Your alternative grounds for relief might be the fact that there was no signed contract, if there is a law "specifically" concerning roof contracts. Also, if you haven't already, you should talk to your homeowner's insurance adjuster to see if this is a covered problem.

Good luck to you.

IAAL



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