I completed a job and there were items missed or incorrect on the insurance estimate. I supplemented with pictures, codes and documentation. The insurance carrier flat out ignored most of it and paid only a small portion. The home owner is not cooperating at all and the adjuster was not responding. So I composed an email and sent to everyone outlining the deficiencies and that if insurance doesnt cover it the home owner will be liable or a lien will be placed on said property and also stated is a violation of state insurance laws to make a profit from an insurance claim. I have been told this from numerous sources but of course this did not sit well with the insurance company or the home owner and now I am being threatened.
The home owner's insurance company has a contractual relationship with the property owner, so contractors usually do not have any contract rights against the insurance company. Since the property owner entered into an agreement with the contractor, it is with the home owner where you have the most leverage. If certain conditions are met, contractors can perfect a lien against the property if the home owner does not pay for the repairs. Dealing with insurance companies is difficult, but having an experienced negotiator on your side can sometimes make all the difference and save you time and money by resolving the dispute without expensive litigation.
It sounds like there are a lot of moving parts to your situation so you could consult with a Texas construction attorney to advise you on the best course of action.
Regards,
William C. Little | Attorney
bill@gus-gilbert.com
214.304.8255