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Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 30918
Experience:  30 years experience in general legal matters.
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We had a contracted a company to apply spray foam insulation

Customer Question

We had a contracted a company to apply spray foam insulation in our house. The contractor failed to protect surrounding area and as a result cause $8800 worth of damage to our house. The contractor acknowledged the damage and gave us their insurance company to submit a claim. Since this incident we have not heard from the business owner despite more than 50 calls, all unanswered. A couple weeks after the incident an insurance guy came out to survey the damage. Several days later we sent the insurance man the estimate from a contractor to repair the damage. Neither the business owner or his insurance adjusted will not communicate in any way.
What are my options?
Can I sue for more than the $8800?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
This is a contract claim so you are limited to the actual damages caused by the contractor. If the insurance company refuses to communicate then you may need to go ahead and file suit against the company (not the insurance company). The insurance company will then be forced to respond and tender defense.
Small claims court has a jurisdictional limit of $7000. So you may want to retain local counsel to represent you. If you need help finding an attorney try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx
It is a huge worldwide database searchable by location and specialty.
You may find that a demand letter from a lawyer will get you some traction in resolving the claim without having to file suit.
I hope this is helpful to you. If you have follow up questions feel free to ask. It is never a problem.
Best regards.
Loren