Am I being scammed now that the job is almost done?

Question

I bid on a roofing job. I think I bid it really cheap. I only bid 40 off per sq and 45 on with an extra $280.00 for disposal and gas fee's. Homeowner bought all materials. So we are talking $3000.00 on a 32 sq ft home. Here is the thing, some ins company's around here hold part of your money until repairs are complete and shown. Their insurance company is holding $2500.00, however they had siding damage to and that they are not repairing. They also didn't want their gutters replace and so we didn't even bid it. Now a member of their family is asking why we didn't replace the facia (I said because that is siding work, and why would we replace that if they didn't want their gutters done). I said u seen our bid, if you wanted changes done before we started then you should have mentioned it. They now say they don't think they will get their full $2500.00 from insurance holdings cause these repairs were not made and make it out to be our fault. Why would this be my fault. I already gave them a huge huge discount on the roofing job. Around here the average is 55 off and 65-70 on not including disposal fee's. What do I do if they blame me for this and hold back part of my money? Some it look like a small claims thing? One more thing, when I gave them all the material lists, the husband went to pick them up before the price of shingles went up. I had the codes and everything wrote down. He picked up almost everything wrong except the tar paper. He picked up buckets of nails instead of nail gun nails, he picked up 3 tab shingles instead of heritage. He didn't pick up his roof vents, valley, or boots (so we call them). I had to make special trips into town to pick up an exchange all this stuff but I'm still getting the shaft for not replacing the facia. What gives. I thought I was trying to be nice here but now I'm feeling taken advantage of. Any 3rd party view on this would b greatly appreciated.

We only have 9 sq to finish laying shingles on. It's already torn off. We are only a 2 woman team.

Thanks Everyone.

Answer 1

It doesn't matter what the insurance company says or does.  You have a contract with the home owner, not the insurance company.  If you take them to small claims court you will probably win, but that doesn't mean you'll get paid.  What you really need to do is take out a mechanics lien against the house.  Do a search under mechanics lien within your state, you would actually own part of the house until you get paid.  You've already given them a discount, you shouldn't have to take any more loss of profit because they didn't understand the insurance company's wants and needs.

Answer 2

hehehe,you caught the old retainage bug.I know it's not funny as I have been bit by that bug myself.

It is true your contract is between you and the home owner?.They are paying you?.Then terms of the contract prevail,homeowner is responsible and any retainage is on them.Once you get your roof inspection and it passes submit your bill.

My Best

Answer 3

Hopefully you put this on contract, or even a rough drawn piece of paper with a signature on it specifying that the roof was the only thing that you bid..You cannot charge for the additional trips to the store unless an "extras" clause was in the contract..You can sue them for the remainder of the job that they have not paisd on.. or even a check stub they may have given you for a deposit or a draw..with the balance remaining on it....It does not matter if the insurance holds the money or not..the owners should have checked this out...Your contract is paid in full upon completion..if the renig on the final payment..send them a registered letter demanding payment and keep a copy of it yourself..this will show the court that you have demanded the payment using the proper channels..if they do not reply or give it to you ..sue them..

Answer 4

only based on this long text without structure and clear vision... without head and tail, I can tell you scammed yourself.

Answer 5

Your contract should show what work you agreed to do for the money. If they want more, bill them for more. Your contract is with the householder - where they get the money from is there problem. Threaten to sue the a** off them if they don't pay.

Answer 6

They agreed to have it done, it doesn't matter if the insurance pays or not.  

lots of people have roof work done with out insurance...  you give a bid,they accepted it,  they pay when the work is done.  that was the deal. (not if the insurance pays.. etc. that is not your problem.)

they agreed to take you on as the contractors its not your problem if the insurance doesnt pay... if they want you to do the other work, give them a bid on it.  (but I wouldn't if they are harrassing you about hte work you have already done.

Answer 7

You have a contract with the homeowners, not the insurance company. You are not responsible for them trying to rip off the insurance. If they try to hold back money after you have finished all items in the contract, advise them you will place a contractors lien on the house. After that, you can take them to court. Hopefully, you are a licensed contractor or this can get real sticky. NOTE: I am not a fan of Small Claims courts. They issue judgements but do not help you in collecting the money so you end up in Civil Court anyways.

Answer 8

try to be nice and getting screwed for it! its happened to me. it sucks.if you have a signed contract you might see some money, if not , finish the job, DEMAND payment.  make them dig into their own pocket and let them fight the insurance battle. i personally get vindictive. i would tell them their roof will meet a nasty accident someday, wait 6 months and paintball it with oil based paint.

Answer 9

   Certainly it's a litigation issue, and likely to cost you as much as the job was bid for.

   It's pretty rare for a contractor to let the customer actually pick out and purchase the materials, most especially since in this case the customer is either ignorant or was trying to save $$$.

   At this point it sounds like you're being blackmailed at least, and I might turn that around on the customer, but definitely you need to take a hard approach to this, and if the customer is willing to negotiate with their insurance company, that might help you. In the meantime, I'd get sick and not finish the job, until some assurances are made that you will be paid.

   Hopefully the contract is VERY detailed, and all the T's are crossed and I's dotted.

   I want to assume you can connect with other legit roofing contractors as well, asking advice.

Just my two "sense"