Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Hi, I recently had some water damage at my home which my

Hi, I recently had some water...
Hi,

I recently had some water damage at my home which my insurance company fully covered less a deductible. The contractor and insurance adjuster agreed on $5,000, in round figures. I substituted cheaper materials and did not have all of the repairs in the agreed upon quote completed in order to save money/cover the deductible. The insurance adjuster said this was OK. The insurance company paid me and I am supposed to pay the contractor.

After the work was done, the contractor sent me a one line bill (no detail) for the exact amount of the agreed upon work $5,000. In round figures, I did not have about $1,500 of the repair work paid for by the insurance company done. I requested the quote from the insurance company and was able to see the agreed upon amounts. I know what work was completed and what wasn't and have pictures of everything. I thought this was just a bookkeeping error on their part and sent them a check referencing the invoice number and wrote "paid in full" on the check. I also included with the payment: a copy of the quote agreed upon marked up with work not done and materials not used taken off the total and a letter expressing my disappointment with the over billing. The check was for $3,500 in round figures. About $1,000 of this was for a new kitchen counter - nothing was done to the counter in the kitchen. I just received a phone message from the contractor where he said he had done more work and had "traded" items for the $1,500. I don't feel like I need to pay more than was agreed upon and I don't think the contractor can just do work and charge me for it without my consent. However, I am not an attorney. I am not happy with the quality of the work either but that is another issue.

A couple of things:

1) I don't believe him - can't think of a better way to say that. I believe if I asked for a detailed bill from him it would magically be $5,000.
2) I never signed anything - we don't have a signed contract - it was all worked out by the insurance adjuster and the contractor
3) I am not trying to rip anybody off and plan to call him but would like to know my rights first
4) I live in WA state

So, finally the question: I am liable for the work not done or, if there was more work done (again, I dont' think there was) that wasn't agreed upon, am I liable for that?
Show More
Show Less
Ask Your Own Legal Question
Answered in 23 minutes by:
6/21/2013
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,572
Experience: 19 Years of Legal Practice Experience in this precise field.
Verified
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

I recently had some water damage at my home which my insurance company fully covered less a deductible. The contractor and insurance adjuster agreed on $5,000, in round figures. OK, so the total cost was $5000 and you had, say, a $500 deductible, so the check to be cut by the carrier to get the work done was $4500, and you'd be responsible for $500, correct? (Numbers by example).

I substituted cheaper materials and did not have all of the repairs in the agreed upon quote completed in order to save money/cover the deductible. OK. So maybe you said, only do $3500 of that work.

The insurance adjuster said this was OK. The insurance company paid me paid you $4500, right? and I am supposed to pay the contractor. OK.

After the work was done, the contractor sent me a one line bill (no detail) for the exact amount of the agreed upon work $5,000. He billed you for MORE than what you and he agreed on?

In round figures, I did not have about $1,500 of the repair work paid for by the insurance company done. But he billed you for that which he did not do?

I requested the quote from the insurance company and was able to see the agreed upon amounts. I know what work was completed and what wasn't and have pictures of everything. I thought this was just a bookkeeping error on their part on whose part, the contractor?

and sent them The contractor? a check referencing the invoice number and wrote "paid in full" on the check. A check for the smaller amount?

I also included with the payment: a copy of the quote agreed upon marked up with work not done and materials not used taken off the total and a letter expressing my disappointment with the over billing. The check was for $3,500 in round figures. About $1,000 of this was for a new kitchen counter - nothing was done to the counter in the kitchen. I understand.

I just received a phone message from the contractor where he said he had done more work and had "traded" items for the $1,500. I don't feel like I need to pay more than was agreed upon and I don't think the contractor can just do work and charge me for it without my consent. I agree.

However, I am not an attorney. I am not happy with the quality of the work either but that is another issue.

A couple of things:

1) I don't believe him - can't think of a better way to say that. I believe if I asked for a detailed bill from him it would magically be $5,000. Why don't you tell him to itemize all those alleged "traded" items? Then, get another contractor (licensed and experienced) in to examine the work and confirm what was and wasn't done.

2) I never signed anything - we don't have a signed contract - it was all worked out by the insurance adjuster and the contractor Except, only $5000 worth of work was worked out by them - you worked out a modification and didn't get it in writing - that lessens your proof that there was such a modification, although the handwritten notes may help, particularly if they ARE those of the contracter.

3) I am not trying to rip anybody off and plan to call him but would like to know my rights first I understand.

4) I live in WA state. OK.

So, finally the question: I am liable for the work not done Of course not.

or, if there was more work done (again, I dont' think there was) that wasn't agreed upon, am I liable for that? Not necessarily - if you didn't ask for it and had no reason to expect it would "inadvertently" be done, I'd say you have a good position for not being liable.

Optional Information:
Country relating to Question: United States

I think your easiest course at first would be to find out IF the work was done. If it was NOT done (and you prove that via a 3rd party expert who examines, as well as pictures, etc.)...you will win it hands down.... he can't demand to be paid for work he never did......

you can also ask him for receipts of the items he supposedly used/bought (those receipts would have to be dated before the work was done, of course).
.. See what he produces.

But the first thing I'd do is get that expert to examine all and get a written report as to what was and wasn't actually done.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,572
Experience: 19 Years of Legal Practice Experience in this precise field.
Verified
Alexia Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Alexia Esq. Your Own Question
Alexia Esq.
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,572
13,572 Satisfied Customers
Experience: 19 Years of Legal Practice Experience in this precise field.

Alexia Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Does the name on an insurance card in New Jersey have to
Does the name on an insurance card in New Jersey have to match the car's registration? Can I buy an insurance for somebody else's car but the insurance under my name?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
My husband was injured on the job. The insurance company
My husband was injured on the job. The insurance company denied requests from the doctor to get his heart checked. He ended up dying of a heart attack. Does this show negligence of wrongful death? … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
I had a life Insurance policy with All State insurance taken
i had a life Insurance policy with All State insurance taken out in 1997 for 25.000 whole life. I then increased it to 60.000 paying regularly each mos. I was told they had turned it over to Universal… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
I bought an insurance package from barclays insurance which
hi there, i bought an insurance package from barclays insurance which should cover only 1 year, but the company was charging me for more than 3 three years, so i requested a refund last year, though s… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
I'm having a problem with the insurance of the business that
I'm having a problem with the insurance of the business that hit my car parked legally. The business that hit my car is claiming that the injuries were minor and don't want to pay for the whole body d… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,899 satisfied customers
If I change my permanent life insurance contract with cash
If I change my permanent life insurance contract with cash value to either a paid up extended term contract or a reduced paid up contract using the cash value - would this contract be exempt from Medi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Is it legal for an insurance company to depreciate for
is it legal for an insurance company to depreciate for damages suffered due to hurricane such as roofs? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm from Guam, Insurance Underwriter of Century Insurance.
I'm from Guam, Insurance Underwriter of Century Insurance. Our Question is, Does Hawaii Insurance Statute mandates the carrier or the agent insuring the risk in Hawaii be licensed by the State of Hawa… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have general liability insurance and builders risk
i have general liability insurance and builders risk insurance, i had my property surveyed by a professional survey "it was done right gps located loved and all" my excavtor has general liability also… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
This is an Insurance law Question. An insurer appointed a
This is an Insurance law Question. An insurer appointed a law firm to represent the insured. The Attorney claims he is representing both the Insurer and the Insured. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I have a question regarding contract law. The contract is
The contract is between a company in South Carolina and a company in Hawaii … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
My insurance company auto insurance deny a claim to get a
My insurance company auto insurance deny a claim to get a repair done to my vehicle my vehicle is in the shop since September 5 the shop where my vehicle is said that the motor to the back hood of the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I got a ticket for no insurance. I didnt know insurance
I got a ticket for no insurance. I didnt know insurance company cancelled my policy. So now im at court and prosecutor is saying they gon suspend my liscense. And its my first offense i also drive for… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I have cancelation insurance for flights from two insurance
I have cancelation insurance for flights from two insurance providers can I file a claim on both inurances … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Can I cancel a contract for fueral insurance>, tennessee, i
i am not sure. i signed the contract on Aug ll of this year … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
I need help with contract dispute with an insurance company.
hello I need help with contract dispute with an insurance company. They also are not paying whats owed me from a claim filed in nov of 2016. they have not denied my claim but have not paid it either … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
My company Live insurance had a contract I signed September
My company Live insurance had a contract I signed September 2015 for salesforce internet sales program. It is a 1 year contract. Cost 5600 I told the sales person when I signed the contract that I was… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In reguards to auto insurance and their breach of contract
In reguards to auto insurance and their breach of contract by not fulfilling their agreement with me … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x