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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27636
Experience:  Lawyer
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I believe a RSG Roofing is trying to commit insurance fraud

Customer Question

I believe a RSG Roofing is trying to commit insurance fraud with my money. The owner Steve Mozer said he was a contractor and could take care of my whole hail damage claim. He has only put a roof on and hasn't shown to fix part of the roof they spilled glue on and still needs chimney hood which was taken off and not replaced....it has rained twice already! He has $10,000. of my insurance $$. Still needs to pressure was decks and stain them. Replace all window screens, replace siding on house and garage and replace all aluminium on house and garage. He now is saying he doesn't do garage doors or the solar panel all of which are in my claim. This was a Hail damage claim of $17,000.+ i was paid $13,000. The rest will be paid for depreciation after work is complete. Now scared to death I will get in trouble for fraud (I do have copy of $10,000. check I wrote) because he isn't completing the work!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
First, you cannot be charged with insurance fraud because your contractor didn't do the work you paid him to do. Fraud requires intent and evidence of collusion, plus, you'd have to have kept the money. There's clearly no benefit to you in the scenario you've described, so no reason for anyone to accuse you of fraud.
You can, however, sue the contractor for breach of contract if they're not doing the work you paid them to do within a reasonable time. They also need to fix the additional damage you caused without charging you for it. And if your estimate was for everything, including garage doors and solar panels, he needs to do them or pay someone else to do them for you.
If talking to the contractor doesn't help, and the threat of suing doesn't get him to do the job he's been paid for, you can go to court. You may also want to consider contacting the State Contractor's Board and see if they can help you. Sometimes they'll assist with mediation to resolve disputes out of court and get your money back.
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