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I signed a contract with a roofing company in October. This…

I signed a contract...

I signed a contract with a roofing company in October. This was after Hurricane Harvey. I paid them for half of the money owed and am responsible for the second half once the roof is done. They have excuses for not starting and the latest is that my insurance won’t communicate with them about the recoverable depreciation. They are demanding that the insurance pay this directly to them. The contract is with me. My insurance doesn’t want to communicate with them for some reason. Where do I stand on this. I live in Texas.

Lawyer's Assistant: Have you talked to a TX lawyer about this?

Not yet. I was doing a google search and came across this.

Lawyer's Assistant: What steps have you taken so far?

I have talked to my insurance. They plan on cutting me a check when the roof is completed. I have continuously emailed the contractor asking for roof updates. I told them they would receive the money upon the completion of the roof as stated in the contract. I think they are trying to submit additions to the insurance so they will get more money. This is why they want a direct payment, which my insurance isn’t wanting to do.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is it. Just that first they blamed the delay on weather, which I get. Then they said they didn’t have a crew, then weather again, now the insurance excuse. He says he will not do my roof unless insurance agrees to pay him. I have the funds to pay him myself.

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Answered in 13 hours by:
3/24/2018
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 1,246
Experience: Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. Give me a moment to review and type my reply.

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I​f you signed the contract with the roofer, you have a binding contract with the roofer; not the insurance company. You need to make demand on the roofer to start the job (since you have already paid him upfront) in the next 3 days. Otherwise, he needs to return all of your money in full or you will be forced to sue the roofing company for recovery of damages.

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Customer reply replied 1 month ago
Is this true even if I’ve only paid half?

Y​es, he is breaching the contract by not performing!

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Customer reply replied 1 month ago
I had suggested this to him and he accused me of wanting to commit insurance fraud by trying to cancel the contract.

he is just trying to scare you. You paid and he failed to perform. He is in breach and you are entitled to performance or damages in court.

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Customer reply replied 1 month ago
thank you very much.

You are welcome.

please remember to accept my responses and post a positive 5-star rating.

Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 1,246
Experience: Attorney with over 25 years experience
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