Since the beginning this roof co. has manipulated and lied. They never gave us an estimate until they say the money from insurance and its more than we anticipated, they did not finish all the work on the list so we want to pay the job only that they did but they wont accept it, they say all of it, what can we expect to happen if they dont accept partial payment. Also i signed a paper they gave me saying its an estimate but it states under small letters that they are representing me with the insurance which they never told me.ps the actual amount the insurance gave us was for 2 homes but when they saw the money they said they could only do one and they raised the estimate on the first home, taking money from the 2nd home but this was done only after knowing how much and then they voided the other estimate saying there wasnt enough money, i told them you didnt give me an estimate so youre breaching the contract, i dont know if im correct on this but if i have to go to court, im ok with it, i have other 5 estimates from other local roofers and they are 1k to 2k bellow this co. The bank held the checks until the 26 so they have not been paid yet.
You really need to have an attorney review your paperwork and what you signed, and what was represented to you. The attorney could undertake some investigation, talk to the contractor, talk to the insurer, and attempt to resolve matters at the least amount to time, trouble, and expense. You really don't want litigation with the contractor or to have the contractor sue you.
To address the problem with the contractor's work, you should write the contractor a letter by certified mail to request that the contractor return to correct/complete his work. In that letter, you should advise generally what work needs to be corrected/completed. You should also indicate that if the contractor does not return to correct/complete his work, you will have to retain another contractor, and will hold the first contractor responsible for the costs. Finally, indicate in your letter that if the contractor does not advise that he will return to correct/complete his work within one week, you will presume that he has no intention of doing so, and you will hold him responsible for the costs of correcting/completing his work.
When the contractor does not return, you can retain another contractor to correct/complete the first contractor's work. Make sure that the second contractor itemizes his invoices and lists the costs to correct/complete the first contractor's work. You cannot charge the first contractor with the cost of work that was not within the first contractor's scope of work. For example, if the first contractor was supposed to install asphalt composition shingles, you cannot charge him for the second contractor's installation of clay tile.
Once you have tallied the costs associated with correcting/completing the first contractor's work, you can consider suing him to recover those costs. The jurisdictional maximum for small claims court in Texas is $10,000. So, if your claim exceeds that amount, you will have to sue in County or District Court. In small claims court, you can represent yourself. In County or District Court, you will have to retain an attorney. However, under Texas law, you would be entitled to recover attorney's fees if you prevailed.
Make sure that you take a lot of photos of the first contractor's work. Digital photos with the date of the photo imprinted on the photo are best. You should document the condition in which the first contractor left the work and what it took to correct/complete the work.
Since you are in the Dallas area, you may wish to take advantage of my free hour of consultation for new clients. If you make an appointment, please bring copies of your pertinent paperwork.
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I agree that you will need legal counsel for this one. And, you need to act quickly, since your insurance company may be directing payment and issuing checks thinking you have approved the transaction.
While everyone should carefully read contracts, many people are less likely to read the fine print when they are approached in their own homes (an "in-home solicitation"). The Texas legislature provided some relief for consumers by adopting the Federal Trade Commission (FTC) forms permitting 3-day Notice of Cancellation for certain "in-home" solicitation sales. This doesn't mean you or your insurance company might not end up paying a "reasonable value" for the work, but it may provide a defense to paying the contract price. There are several consumer friendly rights and remedies provided under Texas law that you should investigate (in addition to the usual construction contract remedies mentioned above). For further information on consumer rights, the Texas Attorney General has a well written web site at - https://www.oag.state.tx.us/consumer/3day.shtml. But, this is only one of many rights and remedies that might be available to you under Texas law that you should discuss with an attorney.
The foregoing response is not given and should not be received as legal advice or opinion, but is commentary of a general nature only. The facts described in the original post are obviously incomplete, and any suggestions or reccommendations or words of advice will largely depend upon a lawyer getting the "full story" in confidence from the original poster. www.genestevenslaw.com
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