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Can a roofer sue when insurance hasn't settled the claim yet? And do I have recourse for fraudulent billing practices?

LouisianaBond ClaimsConstruction ContractMechanics LienPayment DisputesSlow Payment

My roof contractor is demanding payment in full (partial payment was paid previously). He recently submitted supplements and my homeowner's insurance has not released all of the funds for the supplements or the depreciation for the roof claim. He came to my door demanding payment of a different amount than he had on a previous invoice he gave me that was from January. The amount he showed me was written in pencil. I told him that the insurance has not paid me in full and the supplements were in the pipeline to be paid but I don't have the money or a revised estimate from my insurance yet, so I will pay him for the work completed at the amount the insurance approved once they send that to me. He waved an estimate from my insurance in front of me with different amounts than the versions I have in my portal and said he can see that I am supposed to get X amount from my insurance for my entire claim so just pay him. This estimate appeared to have my entire claim information on it (for other areas of my home that he is not a contractor on) and he would not let me look at, hold or photocopy the document. Then he tried to say that I should get 20K in depreciation for my entire claim so I should just pay him now. I do not have in writing what the insurance has approved for the supplements, but from a rep I spoke to last week, he submitted supplements for work that he did not do (to include installing drip edge (he did not remove or reinstall any drip edge on my home), starter shingles installed (he used upside down regular shingles that did not match my roof and were obviously from another job) and those items are required per manufacturers guidelines and drip edge is required per buidling code. I texted him to say to send the invoice and we will compare to insurance and pay for what was completed and at the rate the insurance approved. He then said that he will have his attorney file in court for nonpayment and per his contract, I will owe attorneys fees for nonpayment claims. What recourse do I have? isn't he in breach of contract, guilty of fraud (for billing insurance/me for work he did not complete), or anything that allows us to not pay for attorney's fees? I am happy to pay for work completed, but my insurance hasn't paid me yet. I feel he is pressuring me with fraudulent documents and that should matter if it goes to court.

1 reply

May 9, 2022
I’m having the same EXACT issue with a roof contractor. IT SEEMD FRADULENT
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