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Posted on 10/27/17 at 10:06 am to jamboybarry
I got a quote from my new contractor to fix it, and I sent it to them via email Tuesday, still haven't gotten a response.
Posted on 10/27/17 at 10:09 am to Graton
How much ballpark we talking?
You pretty much have 3 options:
1. Fight with insurance to pay new contractor to fix it
2. Sue the old contractor for the cost to fix it (like Stout said you'll have to sue for the total value of the roof most likely)
3. Just pay the new contractor to do it out of your own pocket
You pretty much have 3 options:
1. Fight with insurance to pay new contractor to fix it
2. Sue the old contractor for the cost to fix it (like Stout said you'll have to sue for the total value of the roof most likely)
3. Just pay the new contractor to do it out of your own pocket
Posted on 10/27/17 at 10:15 am to Graton
quote:
Am I being a dick about this?
Not at all, but you may want to give them the option to replace it, giving them the benefit of the doubt that it was an oversight on their part, or pay the new contractor to do so. It is under warranty by law as well, and obviously missed under the scope of work in the estimate, so you’re clearly in the right here.
Thing about insurance contractors is if you call the insurance company and file a complaint that they did not do what was on their work order to do, the insurance company will hold their feet to the fire over it, and if they’re still getting work from said insurance company, they’ll get on that, and you should be able to get this resolved pretty quick. Additionally, many hold retainers on contractors, and may be able to pay the new contractor out of that retainer if they have one on them. It’s worth a look see.
This post was edited on 10/27/17 at 10:20 am
Posted on 10/27/17 at 10:18 am to jamboybarry
quote:
How much ballpark we talking?
Less than $800, but that's not the point. They were paid to do it by the insurance company, but they didn't. If he was smart, he's just send me a check. I really don't want to sue the guy over such an insignificant amount of money, but I'm definitely not going to eat the cost myself. I'm sure I'm not the only person he's done crap like this to. I have documents from the insurance company showing the repair was included in the estimate, so I'm sure they won't pay another guy to do something they already paid for.
Posted on 10/27/17 at 10:20 am to Graton
quote:
If he was smart, he's just send me a check
Again he's not going to do this especially if he didn't give you an itemized estimate (showing what he estimated the value of the flashing work to be). Also just a piece of advice if you're going to get adversarial with him, the "you're not allowed on my property to fix your mistake" isn't going to help you.
quote:
I have documents from the insurance company showing the repair was included in the estimate, so I'm sure they won't pay another guy to do something they already paid for.
Then based on what you've posted you need to take it up with the insurance company. Have your agent come out and stress that no final inspection was done and go from there.
This post was edited on 10/27/17 at 10:21 am
Posted on 10/27/17 at 10:27 am to PrivatePublic
quote:
The insurance didn't have someone inspect the roof after completion?
insurance is never responsible for hiring a contactor, a competent HO is required
my first thought is why didn't the OP, in this case the HO, make sure the roofing co was doing what they were supposed to do while they were doing the work.
and why did you issue payment not knowing if the job was done or not?
Posted on 10/27/17 at 10:28 am to Graton
First, the insurance estimate doesn't mean anything unless your contract with the original contractor tied him to the insurance estimate somehow.
(I'm assuming you contracted with the original roofer.)
Second, if it did then the original roofer was contracted to replace the flashing and did not do it. In that case, he should have been given the opportunity to return and finish the job. Did you give him this opportunity?
If you did give him the opportunity to come back and you have proof that you did, then you had no alternative but to hire someone else to do the work. Of course you owe the second contractor no matter what. You have a claim against the first guy for the amount you pay the second guy.
If you never gave the first guy a chance to come back, it's problematic for you. Sure he should have finished, but he should have been given a chance to do the work. His cost is probably less than what you paid the second guy who is making a profit.
You could call the second guy and try and negotiate a settlement but if you can't, you still have a claim.
(I'm assuming you contracted with the original roofer.)
Second, if it did then the original roofer was contracted to replace the flashing and did not do it. In that case, he should have been given the opportunity to return and finish the job. Did you give him this opportunity?
If you did give him the opportunity to come back and you have proof that you did, then you had no alternative but to hire someone else to do the work. Of course you owe the second contractor no matter what. You have a claim against the first guy for the amount you pay the second guy.
If you never gave the first guy a chance to come back, it's problematic for you. Sure he should have finished, but he should have been given a chance to do the work. His cost is probably less than what you paid the second guy who is making a profit.
You could call the second guy and try and negotiate a settlement but if you can't, you still have a claim.
Posted on 10/27/17 at 10:29 am to Graton
Have your attorney write a letter of demand for payment with payment due in 15 days.
If he does not take him to small claims court
Report him to Better Business Bureau
Report him to State Contractors Association
Report him to State Attorney General and State Commish of Insurance
If he does not take him to small claims court
Report him to Better Business Bureau
Report him to State Contractors Association
Report him to State Attorney General and State Commish of Insurance
Posted on 10/27/17 at 10:33 am to Graton
quote:
I got a quote from my new contractor to fix it, and I sent it to them via email Tuesday, still haven't gotten a response
So if the work hasnt been fine yet, call the first guy and tell him he needs to finish the job.
Then send him a registered letter making him aware of the issue.
Again, hopefully your contract with this guy detailed the scope of the work. If not you are out of luck.
Posted on 10/27/17 at 10:33 am to lsuroadie
quote:
why did you issue payment not knowing if the job was done or not?
I'll be the first to admit, I'm not very keen on roofing work, so I didn't have a clue as to what work was done/not done. It was recently brought to my attention by a new contractor who noticed it while on my roof. Also I was at work while the majority of the work was being done. Was I supposed to climb on my roof and inspect everything after the roof was completed? I'm sure the insurance company was supposed to send someone over to inspect the work, but they didn't. I'll be contacting them to find out why that didn't happen.
Posted on 10/27/17 at 10:34 am to Graton
Haha you used that hail damage scam roofing company from the radio commercials and expected good results?
Cmon son
Cmon son
Posted on 10/27/17 at 10:37 am to Graton
quote:
Roofers didn't do what the insurance company paid them to do
you are mixing up your facts and need to change your state of thinking.
your insurance co didn't hire the roofer, they never do. they withheld your RCB's until you had replaced what they were paying for, in this case your roof. your RCB payment was made directly to the roofer b/c that is who YOU hired to perform the work
Posted on 10/27/17 at 10:48 am to Graton
Which roofing company was it?
Posted on 10/27/17 at 10:48 am to Graton
quote:and that's ok, but in this case you should have had a buddy or someone who knew what they were doing or hired a better roofing contractor.
I'll be the first to admit, I'm not very keen on roofing work, so I didn't have a clue as to what work was done/not done
quote:yes, absolutely
Was I supposed to climb on my roof and inspect everything after the roof was completed?
quote:again, the ins co is not responsible on the competency of the contractor the HO hires. and when they do an 'inspection', all they are doing is verifying that the damage they are paying for, and withholding RCB payment for is done.
I'm sure the insurance company was supposed to send someone over to inspect the work, but they didn't. I'll be contacting them to find out why that didn't happen.
not being a dick, but I have my ind adj license and my GC license...I just kow how the system works
and forget about calling your agent, the next HO policy your agent reads will be his first
Posted on 10/27/17 at 12:44 pm to lsuroadie
quote:
quote:
Was I supposed to climb on my roof and inspect everything after the roof was completed?
yes, absolutely
Maybe you would get up on your roof and inspect the work, but I doubt 90% of the people who hire roofers to perform roof repair would do so. Maybe you would because you have a general contractor's license and an adjusters license and have some sort of knowledge as to what to look for, but most people who aren't in the "construction"/"adjusting" industry would not.
While it might be the HO's obligation to hire a competent roofer, I believe a HO could satisfy that obligation by simply doing a background check on the contractor, checking with the BBB and the Louisiana State Contractors Board, looking into the company's history, and making sure they are correctly licensed and insured, as well as getting a referral from other customers. I don't believe it is the owner's obligation or responsibility to perform some sort of "supervision" or "oversight" over a specialized contractor where the HO has no specialized knowledge, unlike yourself. You, on the other hand, may be held to a different standard considering your personal knowledge.
Posted on 10/27/17 at 12:52 pm to Roscoe
You may or may not be an expert, but when you write that check or you tell your insurance agent to write that check and they do it; you've lost a lot of leverage.
Besides proving the work, you also need to make sure all materials designated for you are paid in full. You are responsible in the end for the suppliers or even subs that do work on your property.
At least in La. you are.
Besides proving the work, you also need to make sure all materials designated for you are paid in full. You are responsible in the end for the suppliers or even subs that do work on your property.
At least in La. you are.
Posted on 10/27/17 at 1:09 pm to Roscoe
quote:completely fair, but on a such a big project, and expensive...is it fair to ask the HO to go thru a bid and ask...'ok, you're replacing all of the roof jacks...what is a roof jack and what do they do?'
Roscoe
if chimney flashing is on his contract, I think I could ask, 'what does this entail?'...and then say afterwards, wait a minute, that doesn't look like it was replaced.
with all of the information available on the internet, one could reasonably sit down for 20 mins and familiarize oneself with the process.
but, point taken.
Posted on 10/27/17 at 1:55 pm to stout
Why wouldn't the insurance company go after him? They can get a response much faster than the average customer?
I'd ask my insurance company to recoup their money and pay it to your current contractor.
I'd ask my insurance company to recoup their money and pay it to your current contractor.
Posted on 10/27/17 at 1:59 pm to LSUGrrrl
quote:
Why wouldn't the insurance company go after him?
That isn't their fight, the insured chose and hired the contractor. That is between the insured and the contractor
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