# Need help



## hawkeye (Feb 15, 2011)

I just did an insurance roofing job. Nightmare city. Agreement/contract was for 9k. Ins estimate was 10.5k The insurance company sent the homeowner the 9k. The homeowner only wants to pay me 7k now. He says he has the right to keep the extra 2k. I told him we had a contractual deal and that he broke it. He says too bad. I told him he cannot collect 9k from the insurance company and only pay me 7k as it is fraud. He says he has the right to keep the extra money. I told him I am going to notify the ins co and tell them he only paid me 7 instead of 9.

who is right? does he get to keep the extra 2k? I know we had a contract and I could take him to court but does he have the right to keep extra money. ie If he got a high bid of 12k, hired Joes Roofing to do it for 5 can he legally keep the extra? 

My next step will be to wait a few days and then file a lien and then schedule a small claims hearing. I do not think he can legally keep EXTRA ins money though. Wouldn't ins companies frown on this and maybe they have a clause in their policies where this can not be done.

Hawkeye


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## Billy Luttrell (May 3, 2010)

Contractually obliged to pay 9k, he has to pay 9k. The insured does not get to make a profit off the insurance company.


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## Roofmaster417 (Jun 7, 2010)

Billy Luttrell said:


> Contractually obliged to pay 9k, he has to pay 9k. The insured does not get to make a profit off the insurance company.


Agreed, If your signed contract was for $9,000 then $9000 it should be.If the insurance summary was for $10500 and he recieved $9000 was the deductable $1500? Who on earth would sign a contract for $9000 and try to bully you into accepting $7000 on a $9000 contract? 

What do you think would happen if you told him.....hey wait instead of $9000 I want $11,000.,how would this play out if that were the case? The insurance company should have gotten a copy of your final.He is a douche.Crooked,crooked and yep crooked.


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## The Roofing God (Oct 31, 2008)

Time to have your lawyer send him a letter,Guy isn`t playing straight with you,Take him to court,and have him pay your expenses also


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## dghazelwood (Mar 11, 2011)

I don't understand why he would think he only owed $7k. If you have a signed contract for $9k then case closed. If he understands what his cost will be if lawyers are dragged into this he shouldn't have any problem coughing it up then. Good Luck. 
_________________________
DUN-RITE ROOFING INC.
THE ROOF DOCTOR OF TULSA


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## buildpinnacle (Apr 18, 2009)

If you had a contingency agreement for insurance proceeds then it will depend on what has transpired and what judge you get. If the work has been done, the judge will most likely go with the intent understood between the parties. The other answer is yes....it is fraudulent for the HO to bill the ins company for 9k when he only used 7k on the roof. If you send the 9k invoice in, you are committing fraud and he is a party to it. If he sends it in, it's on him. I would fax a final invoice in to the insurance company with the claim number on it for 7K. If they haven't cut him a check....they won't . If they have, he'll be getting a phone call.


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## Grumpy (Oct 29, 2008)

On what grounds does he have the "right" to keep the $2k? Sounds like he thought he was going to get a new roof and the $2k. Sound slike he was purposely trying to commit isurance fraud

Insurance work brings out the worst in people, both home owners and ocntractors. The way I look at it is this: if they wern't considering a new roof before the storm, they aren't my kind of customer. 

Call your lawyer, file a lien, and contact the insurance company.


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## RemStar (May 8, 2010)

This is not insurance fraud its breach of contract. Homeowner can adress the problem however they choose after a settlement involving a cash payout is done with.


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## Ed the Roofer (Sep 15, 2008)

Did anyone from your company promise him that he wouldn't have to pay the deductible?

If so, was the difference he is holding back his deductible amount?

Ed


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## Grumpy (Oct 29, 2008)

RemStar said:


> This is not insurance fraud its breach of contract. Homeowner can adress the problem however they choose after a settlement involving a cash payout is done with.


 It really is both. He was trying to defraud his insurance company of $2k and since he could not, he breeched his contract and is now trying to steal $2k from his roofer. 

This is why the customer always signs my contract with my scope of work which usually does not match the insurance company scope of work and almost never comes close to what the insurance company is offering monetarily.


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## RemStar (May 8, 2010)

Is a scope of work different than a written estimate?


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## seoforu (Oct 27, 2010)

Hire a lawyer and send him a letter..I think this is wrong..you should get the entire money.The lawyer should help you in this matter.

Roofing waterproofing


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