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CIAK......Question om MSB

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June 15, 2010 at 12:23 a.m.

jimAKAblue

minnesotaroofin Said: --Scalp --

TERMS: This Agreement is for the insurance related repairs to be made at the address on page 1 of this contract. Repairs are subject to insurance company approval and do not obligate the homeowner or (company) unless repairs are approved by homeowner’s insurance company. By signing this contract the homeowner authorizes (Company) to pursue homeowners best interest for all repairs. All pricing must be agreed upon by (Company) and the Homeowners insurance company. The homeowner is under no obligation for monies to be paid other than that of their deductible and any change orders signed by both homeowner and (Company). The final price agreed upon by the homeowners insurance company and (Company) shall become the final contract price.(Company) will submit Invoices directly to homeowners insurance company for the specified repairs only. 1.By signing this contract the homeowner hereby authorizes (Company) to act as their agent and to negotiate the property damage claim settlement and perform the repairs specified in the adjustment. 2. By signing The homeowner also authorizes their insurance company to make payment for completed repairs directly to (Company) and mail to directly the same.

Thanks for that contribution. I'm going to steal some of those words and integrate it with my contract.

June 15, 2010 at 12:20 a.m.

jimAKAblue

minnesotaroofin Said: --Scalp --

TERMS: This Agreement is for the insurance related repairs to be made at the address on page 1 of this contract. Repairs are subject to insurance company approval and do not obligate the homeowner or (company) unless repairs are approved by homeowner’s insurance company. By signing this contract the homeowner authorizes (Company) to pursue homeowners best interest for all repairs. All pricing must be agreed upon by (Company) and the Homeowners insurance company. The homeowner is under no obligation for monies to be paid other than that of their deductible and any change orders signed by both homeowner and (Company). The final price agreed upon by the homeowners insurance company and (Company) shall become the final contract price.(Company) will submit Invoices directly to homeowners insurance company for the specified repairs only. 1.By signing this contract the homeowner hereby authorizes (Company) to act as their agent and to negotiate the property damage claim settlement and perform the repairs specified in the adjustment. 2. By signing The homeowner also authorizes their insurance company to make payment for completed repairs directly to (Company) and mail to directly the same.

I don't have room for all those words on my contract but it is clear to me what you are agreeing too. I'm sure your customers are comfortable too.

I would add one clause/sentence regarding supplemental payments....something like this: " By signing The homeowner also authorizes their insurance company to make payment for completed repairs, and any applicable supplemental payments, directly to (Company) and mail to directly the same"

Without some sort of statement regarding the additional supplemental payments, the homeowners could argue that they are entitled to the monies.

June 14, 2010 at 7:01 p.m.

RandyB1986

Thanks Guys! Jim, I like to write my contracts in my own words as well. Without all the legal mumbo....not sure how legally binding it is, but I do know we both understand it, lol.

So now lets say I get her to sign my contract for $20,000 with a stipulation that she can be cancel and void contract if homeowners insurance does not agree to my RCV cost........then what do I do?

DO I send that contract to Hanover Insurance with a request for supplemental payment or ?? Can they refuse to pay this? And if so then what?

I have never played hardball with them like this. I usually walk away if they get to complicated....but this widow lady really wants me to do her work, and at this point....I am kind of taking it as a challenge to get them to pay what it is worth.

BTW.......CIAK, These homes definitely have/had damage and must be replaced. We had 3"+ hail for 20 minutes or longer....skylights broke out, windshields in cars broken, holes in shingles, garage doors ruined, gutters beat off houses, steel buildings trashed.....no made up stuff here.

Thanks folks!

June 14, 2010 at 2:33 p.m.

jimAKAblue

CIAK Said: Randy Jim and Jet are on a good tact here . The HO is the one in the driver seat . I like Jet statement take HO off the market You can put as Jim said anything in the contract you want . I like KISS . That is where I was coming from .

I believe in KISS too, but sometimes the homeowners wants more. At that point, I'd ask the homeowner "What language would you like to see that will alleviate your fears.?" Generally speaking, since she has already indicated that she wants me to do the job, I'd write a paragraph or an entire page to satisfy her fears. I always write in normal language too.

The main thing here is that the two people are agreeing in principle and that the contractor will bear the burden to force the insurance company to pay it all, or the contract is null and void.

June 14, 2010 at 10:44 a.m.

CIAK

Randy Jim and Jet are on a good tact here . The HO is the one in the driver seat . I like Jet statement take HO " off the market " You can put as Jim said anything in the contract you want . I like KISS . That is where I was coming from .

June 14, 2010 at 10:20 a.m.

JET

jimAKAblue Said:
RandyB1986 Said: CIAK.....Lets suppose I can get her to sign my contract, then what can I do?

Would there be a problem with me writing in her contract and putting something such as Total of this contract to be paid by homeowners insurance proceeds, minus deductible ?!?! Basically is there something I can write in the contract that gives her an out if her insurance company balks? That would make her more likely to sign contract.......she definitely wants me to do her house, I have done all her neighbors already.

Thanks!

You can write anything you want in a contract.

Why not write home owner has the right to cancel this contract if her insurance company doesnt agree that the RCV is 20k.

or This agreement is contingent upon the insurance company agreeing that the RCV is 20k.

Good advice here........take her "off the market" and that will make her more willing to put pressure on her insurance carrier.

JET

June 14, 2010 at 8:46 a.m.

jimAKAblue

RandyB1986 Said: CIAK.....Lets suppose I can get her to sign my contract, then what can I do?

Would there be a problem with me writing in her contract and putting something such as Total of this contract to be paid by homeowners insurance proceeds, minus deductible ?!?! Basically is there something I can write in the contract that gives her an out if her insurance company balks? That would make her more likely to sign contract.......she definitely wants me to do her house, I have done all her neighbors already.

Thanks!

You can write anything you want in a contract.

Why not write "home owner has the right to cancel this contract if her insurance company doesn't agree that the RCV is 20k."

or "This agreement is contingent upon the insurance company agreeing that the RCV is 20k."

June 14, 2010 at 6:37 a.m.

CIAK

I don't know of any contract that gives that kind of position to anybody .If HO needs a roof. They know what is going on . The shadow , the back door way is not good business . I mention this because if they will do it with you they will do it to you . That question about giving an out makes me wonder does the HO really need the roof ???? Good example of the " Damn " back door shadow world . I say this not as a reflection on you please don't take it personal.

June 13, 2010 at 9:55 p.m.

RandyB1986

CIAK.....Lets suppose I can get her to sign my contract, then what can I do?

Would there be a problem with me writing in her contract and putting something such as "Total of this contract to be paid by homeowners insurance proceeds, minus deductible" ?!?! Basically is there something I can write in the contract that gives her an out if her insurance company balks? That would make her more likely to sign contract.......she definitely wants me to do her house, I have done all her neighbors already.

Thanks!

June 13, 2010 at 7:27 p.m.

CIAK

If the HO is on your side you will need to have them put pressure on Hanover to get the adjuster to come out again . You don't have a lot of position at this point other than negotiating with the adjuster Use another phone or if your comfortable while your at the HO house use theirs . It is going to have to be the HO .

June 13, 2010 at 7:05 p.m.

RandyB1986

CIAK, I dont have a signed contract yet. The homeowner is hesitant on signing a contract with me for 20,000 when insurance just gave her 11,000 total.......she didnt even know she had damage.

I think the adjuster is a staff adjuster for Hanover/Citizen Insurance.

The adjustment summary looks just like an X-mate printout from State Farm.......except not near as many zeros in the numbers :ohmy:

After seeing his adjustment, I sent him my estimate to do repairs based on X-mate and called him 5 days later to see what he thought and he said he was busy and would look over my estimate but didnt think they could pay what I wanted......that was 10 days ago or longer and I have heard nothing and no return emails.

Thanks!

June 13, 2010 at 1:42 p.m.
June 13, 2010 at 10:12 a.m.

CIAK

Randy It isn't clear . Do you have your contract signed by the HO? If not it is still up for grabs. Can you post the MSB estimate ? Is it a staff adjuster handling the claim ?

June 13, 2010 at 8:08 a.m.

RandyB1986

BBB.....hahahaa


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