The agreement says wil only be valid if homoewoners insurance pays the claim. I now have the money from the insuracance company. But, it's been a couple of weeks and the roofer keeps making appointments with me and standing me up. My insurance company is hounding me to get the work completed or they will cancel my homeowners insurance. I'm not sure how to proceed with this. Can I get another roofer to do the job since this one won't start the project. I haven't even picked out my color yet for the roof.
Without reviewing your insurnace policy or the roofer's contract, it's impossible to know whether you can cancel this roofer's copntract without consequence and then hire another roofer. Hopefully you can this roofer an ultimatum to either show up by a definite and soon date, or you'll cancel the contract.
Review your roofer's contract and see what it says about cancellation, and if you do have the right to do so, follow the contract's terms and method, timing, etc. and cancel unequivocally and in writing sent by a provable method of delivery (FedEx, registered rPost.com email, personal delivery). I doubt you could argue that you have to cancel this contract in order to hire another roofer to preserve your insurance, because I doubt that's true, so you're going to have to review and analyze your contracts yourself or hire a lawyer for help.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
As the other lawyer indicated in her answer, many factors enter into the answer to your question. The answer is dependent on the contract with your roofer, the insurance policy, the conversations and correspondence you had with the claims adjuster, and the Florida Construction Lien Law. You are in a situation in which you could be foreced to pay twice for the repairs. You should consult a lawyer in your area who is experienced in real estate and construction law.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
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