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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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I had work done in my basement from an insurance claim. I had

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I had work done in my basement from an insurance claim. I had black mold. I hired a contractor , they came and gave me a price on what the adjuster said needed done. They started in Oct. 2012. then did't hear from them for 4-5 days even after multiple calls. They came back, but never did all the work that was to be done. I never signed a contract. They left us hanging on Thanksgiving day with the hazmat wall still in place. We had to take it down. Now 7 months later we get a bill. Am I obligated to pay this ?

BizAttorney :

Good evening! I can help you out with your legal question tonight. You are not obligated to pay them. You did not contract with them correct? The insurance company hired them and should pay them if they hired them. Do you have your insurance adjuster's telephone number. You need to call him/her and let him/her know what is going on.

BizAttorney :

Did you have any questions?

BizAttorney :

What happens is an adjuster will approve a bid by a contractor and either hire them or instruct you to hire them.

BizAttorney :

If you hire them, then legally you are obligated to pay and the insurance will provide the payment.

Customer:

My insurance company recommended them, The adjuster gave me the check right away for the damages.

BizAttorney :

If they hire them, then the invoice goes to them and they pay them directly.

BizAttorney :

I see, then if you have the check, you can pay them correct?

Customer:

Yes , but they didn't do the job right

BizAttorney :

I understand. So the insurance company paid for work to be done, but they did it incorrectly. Did they finish the job ever or just do it part way?

Customer:

and then sent a bill 7 months later, they even left some equipment here

Customer:

they did it part way and never finished

BizAttorney :

I understand. Then you need to write the contractor's a letter and state that they will not be paid until the job is finished correctly. What did you do with the money from the insurance company? Did you pay them or keep it?

Customer:

I have it in my savings account

BizAttorney :

I understand. You need to tell them that the job was not finished and not done correctly. You should get a bid from another contractor to see what it would cost to finish the work. Then tell the original contractor to come and fix/finish the job otherwise you will pay the other contracting company to finish it.

BizAttorney :

If you want the other contractor to finish it, then tell the first contractor you are paying them the price of their bid, minus the amount to the new contractor to finish it correctly.

Customer:

So since I did not have a contract I can hire another company and pay them?

BizAttorney :

No, you can hire another company because they did not perform correctly. When a contractor doesn't perform the job, you have to give them the option to first correct their error and bring the project up to your liking, or you can fire them and hire another contractor and pay the 1st contractor the amount paid to the new contractor.

Customer:

OH Ok I see, Thank you so much

BizAttorney :

You are very welcome! Good luck and have a good night. Please leave me feedback before you go.

Customer:

sure will thank you

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