Home Insurance Claim/Lawsuit Advice

[ens189]

About a year ago we had a big hail storm come through my city and I had some significant damage to my roof. My insurance company cut me a check for a new one and I hired licensed, bonded, insured guy to fix it. Nice and easy. Well I live in the desert so it barely rains and when it does, it doesn't rain hard. It rained maybe three times over the next few months and my roof leaked each time, each time damaging the interior in some way. The roof came with a 10 year warranty in the contract so I started hassling the guy about fixing it. He would either no show our appointments or reschedule over the course of the next couple months.

Finally, last week I told him I'd be getting a lawyer and contacting my insurance company about him not fulfilling his side of the bargain and what do you know he was all set to come over in a couple of days. Unfortunately, we had 40-50 mph wind gusts that day so I agreed to re-schedule. Well it's currently raining (barely above a drizzle) and a pretty big leak has sprung in the office, to where the drywall in the ceiling is opening up like an envelope. So my questions are, what are my options here?

Can I make another insurance claim and get someone who isn't incompetent to do my roof? Can I force him to replace it since this is an ongoing problem? Am I going to have to sue him to do that?

Help me out here buds, don't feel like shelling out $10k of my own money to fix something that wasn't done right.

In before "you sound poor".

 

[John Wang]

Damn

 

[fordman7795]

Lawyer, now.

 

[cooks1]

Laws vary by state. But the first thing you need to find out is whether the roofer is on the insurance companies approved vendor network. There are certainly disadvantages to going with a network provider, as they will often do things in the insurance companies interest not yours, since it is the insurance company that butters their bread. But one of the advantages is that if an in network provider fucks up, the insurance company usually stands behind them for any additional fees or additional damage from their work.

Most of the time, and especially if the roofer is not on the approved vendor network, an insurance company is not going to step up for poor workmanship. Either way, you might need to seek redress and litigate with the roofer. But if the roofer is on the preferred vendor network, you can litigate with the roofer and the insurance company.

Hoped you picked a roofer that is local and of considerable size. Otherwise you will be seeking redress from just some guy.

The correct process for an large home insurance claim is to first get the insurance claim summary report, and then go to a large, local, reputable company for a second opinion. Then take that analysis, which will be much higher, to the insurance company along with their summary report, and get the additional costs authorized before any work starts. Take pictures all along the way.

Sorry broseph. Bombs already gone off. Real missed opportunity. I have only had to deal with large home insurance claims twice in my life, and both times I made out like a bandit. If a roof leak is covered by insurance, so is the carpet the water leaked on and the counter tops and the cabinets and the furniture. I have seen savvy home owners end up with nearly complete remodels out of seemingly benign roof leaks.

 

[skylolow]

At this point I'd go back and talk to your insurance agent. His main office may go to battle with you against the poor work done or they may agree to pay to redo the roof again. I'd also ask them to point you in the right direction of a good contractor.

Taking a contractor to court and winning isn't an easy battle and can be expensive on your side. Even if you win, then it becomes an event in itself to try to collect that money and that is a battle many times could take years to ever recoup what is owed to you, if ever. Very few of these guys are stand up enough to pay out that money to you right after a decision in your favor. Construction business is filled with very shady people and practices.

 

[VulcanNervPinch]

Investigate what your insurance company can and/or is required to do for you.

Maybe you can get at the money that has been bonded
http://www.bankrate.com/financing/insurance/what-it-means-to-be-bonded-licensed-insured/
although I'm totally unfamiliar with that process

If neither goes anywhere, it may be small claims court for you

 

[ralphc1]

What kind of a roof only has a ten year warranty? Building codes here require a 25 year warranty to keep the dumps from filling up with roofing material.

 

[ToxicShocker]

I know nothing about roofs but I plan to do my own someday and spend the 25k on myself.

 

[xbone19]

Some guy roofing incorporated smh

 

[gspieler]

The insurance company paid you for the direct loss from the initial storm. Unless they instructed you to go through that particular contractor, I don't see how they could be liable for additional damages. It's your responsibility to protect your property from further damage. And given that you mutually agreed to reschedule with the contractor, not sure how well a lawsuit would go against him. You might have to either file a separate claim, or eat the cost of the additional damages.

 

[Pseudo Sane]

Lawyer here. Many insurance companies will structure their business so they are not on the hook if the contractor screws up. They will still sometimes pay something to keep customers happy though, as this kind of publicity can be terrible.

You have gotten some good general advice in this thread, but a lot depends on the jurisdiction in which you reside. First step is usually to see if the insurance company will pay up though; if they won't, I would recommend talking to a local lawyer. Make sure you go with a specialist, though, unless you like getting screwed. Where do you live?

 

[Gerald Marshall]

Are you sorted with the issue? If you haven't called a lawyer yet, then you need to hire a lawyer now. The attorney will help you to claim insurance. You can also get compensation for your damage if you hire a lawyer. If you want, you can check this out to find an attorney to help you out.

 

[Oblivian]

I would not go to an attorney yet. Get an estimate from another roofer and see if he can identify what the problem is when he gives you the quote. Get your original roofer there to fix the problem that is identified.

People always seem to think attorneys can magically fix everything. I see it all of the time in my profession. Things can become overcomplicated and actually slow down the process.

 

[ralphc1]

Any good roofer will tell you that a new roof shouldn't leak. Something wasn't done right. I would have insisted that the entire roof be removed and redone. Did they put the new roof over the old one or do a complete tear off?

When I needed a roof replaced after 30 years, I had several contractors provide quotes. Many wanted to shingle over the old roof. If you check the warranty on the shingles, that voids any warranty. I chose the company that insisted on a tear off. I could have done it myself but it would have taken me too long by myself. The company I hired had a crew that removed the old shingles and another that installed the roof. They started at 7AM. They had the house roof off by 8AM and the garage roof removed by 9AM. Both roofs were finished and everything cleaned up by noon.

 

[NAKMUAY18]

Any good roofer will tell you that a new roof shouldn't leak.

Wise words, should be the first question you ask.
"Is my new roof supposed to leak?"
If they say yes, AHA! You got them, bad roofer! No work for you!