Is an agreement with a roofing contractor binding if they don't sign also?
Houston, TX
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Posted 10 months ago in Construction / Development
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I had a roofing contractor approach me after Hurricane Ike. I signed an Agreement which I mistook as a quote, not as a contract for the work since I had not placed a claim with my insurance.
The 'price' is listed as Insurance Proceeds, if it is approved by the insurance company and the contractor. Their price is about 80% higher than other quotes and the more I talk with them, the more shady they seem. 1. Are they required to sign the agreement also? 2. If my insurance issues a check to me, and leaves it to me to pick a contractor, pay, then show proof; am I required to use the contractor? Is there a way out of the 'Agreement'? Answers (2)Lu Ann Trevino
This attorney is licensed in Texas.
Posted 10 months ago.
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These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
As a practical matter, only your signature on the agreement is important. Whether you can get out of the deal depends on the terms actually written on the paper you signed. Some of the quote/contract forms will say you are bond to pay some amount if you do not use the contract after it has helped with insurance claims and estimates. If there are no such terms, you may be able to break the contract if the contractor has not yet purchased materials for your job. You could also say the contract is void due to vagueness of the key terms such as price. kelly2308
Posted 5 months ago.
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I don't think you understand how insurance claims work. You may find someone to do the work for less, but your insurance company is only going to pay for the invoice amount that you are charged for the repairs. If your insurance company scopes the damage at $12,000 and you have $1,000 deductible and $3,000 in recoverable depreciation, then your first check from the insurance is $8,000. If someone gives you a bis to replace your roof for $8,500 and you accept that bid and have the work performed, the insurance company will only release $500 of the remaining $3,000 recoverable depreciation. They end up keeping the $2,500 balance. It is illegal for a homeowner to profit from an insurance claim in Texas. You should not worry about who is the lowest, rather get the work done by a reputable, insured company and let the insurance company pay for your full repairs. You can probably talk your contractor into some upgrades for your home. I also would caution you about having the work done by a cheaper company and submitting an invoice for a higher amount to your insurance company. That would constitute insurance fraud in Texas.
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