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Subject: "Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?" Previous topic | Next topic
eclipse982nrRSTAug-22-07 02:25 PM
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#26773, "Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?"


          

Here is my situation...We had a hail storm back in June in Ohio. My house barely got hit with hail and I had minor damage to the house. Had a 2 contractors come out and make estimates for my Insurance company, which is Allsate. The deal ended up getting approvied and I am getting $9,200 to repair my home. The money is supposed to go for new siding on side and rear of house and detatched garage, new roof on both, new gutters, and new shutters. Thing is this, my houses roof is only 6 years old and the garage is about 4 years so in Reality, the damage was VERY minimun, and actually does NOT need replaced. Now the esitimates were from $15k to $17k to fix everything. I ended up signing a contract with the one guy that said he could do the work if in the end, insurance approved it. Now I am the point where, I dont want this guy to do the work, I am willing to do it myself along with some other things with the extra money. The only problem is that I signed this contract with him. I read the contract and it said if I cancel out on it, I am subject to pay 15%, which would be about $1700 to these clowns.

So my question is, is there anything I can do to get out of the contract...the guy already told me he is not sure he can do everything for that amoutn that got approved, but in reality, I know he can.

I thought about just telling him, that we are planning to move next year, which is the truth we are, and we arent going to put the money into the house. But then I get into the situation where, what is if this guy drives down my road and see's that I am doing the work myself?

What are the stand points in the legal system with this? Can they sue me? Do I HAVE to 15% if I cancel ???

Any Input here would GREATLY appreciated.

-MIKE-

Stroked 2.2L

  

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Replies to this topic
RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?, TeamDR1665, Aug-22-07 03:33 PM, #1
RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?, eclipse982nrRST, Aug-23-07 12:33 AM, #2
      RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?, dsmtuner1, Aug-23-07 05:24 AM, #3
           RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?, AdministratorStar Turbo Talon, Aug-23-07 05:29 AM, #4
                RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?, vegasdsmr, Aug-23-07 05:38 AM, #5
                     RE: Any Contactors or Insurance Agents here? COPY of Contract, eclipse982nrRST, Aug-24-07 01:02 PM, #6
                          RE: Any Contactors or Insurance Agents here? COPY of Contract, AdministratorStar Turbo Talon, Aug-25-07 04:55 AM, #7
                               RE: Any Contactors or Insurance Agents here? COPY of Contract, eclipse982nrRST, Aug-25-07 07:19 AM, #8
                                    RE: Any Contactors or Insurance Agents here? COPY of Contract, AdministratorStar Turbo Talon, Aug-25-07 08:56 AM, #9
                                         RE: Any Contactors or Insurance Agents here? COPY of Contract, eclipse982nrRST, Aug-25-07 10:22 AM, #10

TeamDR1665Aug-22-07 03:33 PM
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#26775, "RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?"
In response to Reply # 0
Aug-22-07 03:35 PM by DR1665

          

Originally posted by eclipse982nrRST
I signed this contract with him. I read the contract and it said if I cancel out on it, I am subject to pay 15%,

You sure you signed a contract and not an estimate? If you signed a contract, then I think you're legally bound to the deal. The only options I can think of are as follows:

A) If Allstate is going to pay X for the repairs and he said he would do the job if insurance approves his estimate, then he has to do the work for the amount Allstate approves. If the repairs require more money to complete, he will have to speak with the adjuster to get approval for more funds. Should be just like getting car repairs done. Not like he can come after you for more money in the end.

B) Contact your adjuster and explain your situation to him/her. Mention that you really don't have a great deal of experience in home repairs like this. If the adjuster is familiar with your car, maybe you could joke it up a bit that you could turbocharge your roof or something, but you just don't know if you're being quoted fairly by the people with whom you have met. Offer to fax the adjuster a copy of the form you signed and ask for their advice on the subject. In the end, Allstate is paying for the repairs (even though you will be paying them back in premium over the years), so they have some leverage in a situation like this.

C) When speaking with the adjuster, consider mentioning that you've got a good friend who works construction and you would like to have him complete the repairs, since you know he will treat you right. See if you can deal him as an individual or if you have to use a registered contractor. EDIT: Then you get a couple buddies to help you do the work yourself, you save a few bones, and you pocket the surplus. I've done this before with Daisy. The trick is that they usually want the work completed before they hand you the check, so you would have to pay out of pocket up front. Just so you know.

Good luck to you, Mike.

  

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eclipse982nrRSTAug-23-07 12:33 AM
Member since Mar 16th 2004
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#26782, "RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?"
In response to Reply # 1


          

Originally posted by DR1665
Originally posted by eclipse982nrRST I signed this contract with him. I read the contract and it said if I cancel out on it, I am subject to pay 15%,
You sure you signed a contract and not an estimate? If you signed a contract, then I think you're legally bound to the deal. The only options I can think of are as follows: A) If Allstate is going to pay X for the repairs and he said he would do the job if insurance approves his estimate, then he has to do the work for the amount Allstate approves. If the repairs require more money to complete, he will have to speak with the adjuster to get approval for more funds. Should be just like getting car repairs done. Not like he can come after you for more money in the end. B) Contact your adjuster and explain your situation to him/her. Mention that you really don't have a great deal of experience in home repairs like this. If the adjuster is familiar with your car, maybe you could joke it up a bit that you could turbocharge your roof or something, but you just don't know if you're being quoted fairly by the people with whom you have met. Offer to fax the adjuster a copy of the form you signed and ask for their advice on the subject. In the end, Allstate is paying for the repairs (even though you will be paying them back in premium over the years), so they have some leverage in a situation like this. C) When speaking with the adjuster, consider mentioning that you've got a good friend who works construction and you would like to have him complete the repairs, since you know he will treat you right. See if you can deal him as an individual or if you have to use a registered contractor. EDIT: Then you get a couple buddies to help you do the work yourself, you save a few bones, and you pocket the surplus. I've done this before with Daisy. The trick is that they usually want the work completed before they hand you the check, so you would have to pay out of pocket up front. Just so you know. Good luck to you, Mike.


The paper I signed was the estimate, but a contract below it, if that makes sense.

I planned on doing the work myself anyway, I didnt think it was going to get approved, so thats why I ended up signing this stupid paper with this guy.

-MIKE-

Stroked 2.2L

  

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dsmtuner1Aug-23-07 05:24 AM
Member since Jul 03rd 2006
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#26787, "RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?"
In response to Reply # 2
Aug-23-07 05:24 AM by dsmtuner1

          


1) Just let them replace everything and let the insurance company pay for it all, so that your home passes inspection when you try to sell it next year.

2) You could apoligize to the contractor and let him know you plan to do the repairs yourself. You could let him know your sincere and you would like to give him about $200 for his time he waisted. I have been in this situation and because of my honesty and sincerety I was let off the hook. good luck.



2 sets of injectors is better than 1 =)

  

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AdministratorStar Turbo TalonAug-23-07 05:29 AM
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#26788, "RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?"
In response to Reply # 3




          

If you signed the contract and the contract states that he will do the work for the amount the insurance provides then you are bound to the contract. If he tells you he cant do all the work for 9200 then he breaks the contract. Its like signing a contract for your earnest money when you bought your house. The contract is good only if you get financed.

This is why you DO NOT SIGN CONTRACTS for repairs.

Terry

  

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vegasdsmrAug-23-07 05:38 AM
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#26790, "RE: Any Contactors or Insurance Agents here? Or someone who knows Legal stand points?"
In response to Reply # 4


          

get a copy of the contract and post it up...

good luck

03 srt-4 13.130@112.47mph (n2o, stock turbo, 10/2003)
now: 20g, portfueler, bpu+++ (track/dyno times tbd...)

i farted on your wiki

  

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eclipse982nrRSTAug-24-07 01:02 PM
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#26809, "RE: Any Contactors or Insurance Agents here? COPY of Contract"
In response to Reply # 5


          

Here is a copy of the contract. I talked to the guy today and he told me thats fine if I dont want him to do the work, but he is charging me the 15% and it would $1500. BUT I think I got him. I confirmed this with my insurance company too. In the contract below, this is one of 3 of them, it clearly states in the circled section where I initialed, "THIS CONTRACT IS CONTINGENT UPON INSURANCE APPROVING THE WORK STATED ABOVE."

Here is the catch, insurance DID NOT approve ANY of the 3 estimates that they gave me, they approved pretty much half of everything that the company estimated. So technically, the insurance people told me that the contracts are VOID since they did not approve the Roofing companies estimates. Do you agree or no?

http://imageshack.us>

-MIKE-

Stroked 2.2L

  

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AdministratorStar Turbo TalonAug-25-07 04:55 AM
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#26818, "RE: Any Contactors or Insurance Agents here? COPY of Contract"
In response to Reply # 6
Aug-25-07 04:57 AM by Star Turbo Talon



          

Mike, do you read any of the posts above.......What did I tell you? To repeat what I told you, tell him he will do all the work for what the insurance company approved. When he says he cant tell him you are not liable for the 15%. For 1500.00 it will cost him prolly 800.00 to take you to court. More headache than its worth.

Dont be an asshole to him Mike...he knows where you live...lol

Terry

  

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eclipse982nrRSTAug-25-07 07:19 AM
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#26821, "RE: Any Contactors or Insurance Agents here? COPY of Contract"
In response to Reply # 7


          

Originally posted by Star Turbo Talon
Mike, do you read any of the posts above.......What did I tell you? To repeat what I told you, tell him he will do all the work for what the insurance company approved. When he says he cant tell him you are not liable for the 15%. For 1500.00 it will cost him prolly 800.00 to take you to court. More headache than its worth. Dont be an asshole to him Mike...he knows where you live...lol Terry


I tried that. I said hey, here is what we got, can you do it for this and he said no. He still claims I owe him 15% of the total of the esimates, I pretty much told him to go fuck himself. He said they would be sending me the bill and I said thats fine. When the bill comes, I will write a letter and send it back to them stating that their estimates were not approved, therefor they are all Voided contracts. And like you stated, if he wants to take me to court, thats fine I will go even though its too big of a headache for them in the long run. Plus, I think a Judge would laugh at the company for trying to charge me that.

I asked him over the phone yesterday why they would charge me that, what that money is for, and he told me re-stocking fee's and manager fee's. LOL. They never even ordered anything for my house, so WTF are they re-stocking.

Anyway, we will see what happens, but I am not paying them $1,500.

-MIKE-

Stroked 2.2L

  

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AdministratorStar Turbo TalonAug-25-07 08:56 AM
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#26827, "RE: Any Contactors or Insurance Agents here? COPY of Contract"
In response to Reply # 8




          

Wow, thats a reach. No competant company orders materials before the insurance company approves the estimate. I think your right, the judge would chuckle and toss the case out right away.

You know what you could do to make it more legitimate is have your insurance adjust make out a simple letter on a insurance agent letterhead stating the estimate is not approved. Then if he tries to take you to court you can prove you gave him documentation that the insurance agent did not approve the estimate. Then their is no he said she said arguement.

Terry

  

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eclipse982nrRSTAug-25-07 10:22 AM
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#26831, "RE: Any Contactors or Insurance Agents here? COPY of Contract"
In response to Reply # 9


          

Originally posted by Star Turbo Talon
Wow, thats a reach. No competant company orders materials before the insurance company approves the estimate. I think your right, the judge would chuckle and toss the case out right away. You know what you could do to make it more legitimate is have your insurance adjust make out a simple letter on a insurance agent letterhead stating the estimate is not approved. Then if he tries to take you to court you can prove you gave him documentation that the insurance agent did not approve the estimate. Then their is no he said she said arguement. Terry


Good Idea.

-MIKE-

Stroked 2.2L

  

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