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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33554
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Roofing contractor placing lien on property because of non

Customer Question

Roofing contractor placing lien on property because of non receipt of final payment check from insurance company (that we now tell him we have received). What is my defense?
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
We have already received a letter of intent from an attorneys office asking for even more money than the original $662. How can we avert this simple misunderstanding from escalating even more?
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Whose fault was it that the money wasn't received timely?

Customer: replied 1 year ago.
Insurance company sent a check to us that we did not know was being sent (supplemental claim was filed directly to our insurance company without us being aware of such claim) and we were not on the look out for it. We were hounded for the payment that we didn't even know was due and after we told the contractor we didn't even know a check was coming and couldn't find it, he threatened to put a lien on our property. We contacted the insurance company to find out what this supplemental claim was for and if they could re-issue another replacement check which they did.
Expert:  Dwayne B. replied 1 year ago.

So that I'm sure, the contractor filed the claim directly with the insurance company?

Customer: replied 1 year ago.
Yep. We were not in the loop on this one and I had to contact the insurance company to find out that this was due to some update for current code requirements. We never even knew of the supplemental claim until that starting hounding us for their money.
Expert:  Dwayne B. replied 1 year ago.

My suggestion is to get a local lawyer to write a letter or handle it for you. Since they have already turned it over to a lawyer the lawyer will want you to pay them to set everything aside and having your own lawyer they could then make the argument that this is really an issue between the contractor and the insurance company and that them filing a lien against your property could be perceived as a breach of contract. They are not going to take you seriously until you have a lawyer though.

If you do have to go to court you should win under these facts but you are going to spend quite a bit to get there whereas if you hire a lawyer now they may be able to get it resolved early.

Customer: replied 1 year ago.
Thank you for your advice. Can you refer me to a local lawyer here in Gwinnett county that could handle this for me?
Expert:  Dwayne B. replied 1 year ago.

We're not allowed to give specific referals but you can find a lawyer to assist you by going to and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.