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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118779
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I did a claim with my insurance for my roof and family room,

Customer Question

I did a claim with my insurance for my roof and family room, had water damage and mole.insurance pay 49,718.83 check was given to ELR which they cash 6 months before work was done on my home.
Elr came and work on my house, did not paid the roofing materials to the supplier. After work was completed, Elr wanted another fifteen thousand from my insurance. Per Insurance no additional payments will be addressed under this loss.
Now i have two liens on my home . Please let me know if you can help with this issue.
Thank you *****: Have you talked to a real estate attorney about this?
Customer: no
JA: Where is the property located?
Customer:*****kissimmee fl 34758
JA: Anything else you want the lawyer to know before I connect you?
Customer: i just need to know what i can do
Submitted: 2 months ago.
Category: Legal
Expert:  Legal Expert Justin replied 2 months ago.

Hello! My name is ***** ***** I'll be the Expert assisting you today. Was the amount the insurance company paid based on an estimate from ELR? Did you sign any kind of release with the insurance company?

Customer: replied 2 months ago.
I sign a release and the amount was ELR the amount was paid by insurance was 9860.00.. not 49,718.83
Expert:  Legal Expert Justin replied 2 months ago.

Was that based on an estimate from ELR? Is ELR trying to collect that from you or the insurance company? Why are there two liens on your house?

Customer: replied 2 months ago.
No the insurance paid out to ELR 9860.00.. ELR wants another 15 thousand .1 of Liens on the house is from Roofing Pioneers LLC for no payment from ELR.. Insurance send ELR a payment plan which included payment for roofing materials family room. when ELR was giving that check there was mention of more money... ELR also has a lien on my home .
Expert:  Legal Expert Justin replied 2 months ago.

I'm sorry, but on further review, I will not be able to help you in this matter. I will opt out so you can seek the advice of another expert.

Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
What did your contract with ELR state regarding the cost of the repairs?
What happened to the other $40,000 from the insurance?
Customer: replied 2 months ago.
it wasn't 49860.00..it was only 9860.00..from the insurance my computer change the amount ...Contract stated 9860.00 for what happen was flat roof was not included, but when ELR worker came they did the flat roof before Mr ERIC n Mr ORTIS got here. at this time i was not aware the they were working on the flat roof , Mr ERIC ROSARIO the owner of ELR ,never mention it never question us. until the work was completed and one month after he send a bill to my insurance for told due to him of 15,614.25 beside what he already been paid .
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply and clarification.
Okay, if the contract stated 9860, that is all the roofer can charge, but if they did additional work, they can charge you for the additional work. Under FL law, even if you did not have an agreement to do the flat roof, if they did make the repairs to the flat roof, you received the benefit of that roof and under FL law that is called "quantum meruit" meaning payment for the work done and the courts hold that to not make the owner liable to pay for work done would be "unjust enrichment."
So if the work was done outside of the original contract scope, but it was done, they can charge you for that. If the roof was damaged and should have been covered by insurance, then this would be a breach of contract claim against the insurance company to seek to get the court to force the insurer to pay.
If this should not be covered under the insurance, then you would be liable for the payment I am afraid and while you could try to argue breach of contract, if the work was actually done, they could still make you pay for it.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 2 months ago.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply
You need to actually click on the 5 stars at the top of your page.