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#1 |
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Junior Member
Trade: Inspections and Installations
Join Date: Oct 2009
Posts: 2
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Customer Agreements
Hey Gents (and Ladies),
How would you feel about an agreement between you and a customer where you offered them an inspection at no cost or no obligation. Then offered them a more comprehensive service requiring you to invest time, energy and, other resources towards helping them to secure funding from their insurance company. All this done at no cost, so long as the customer agreed to allow you to complete the roofing project at the prices agreed to by the insurance company (excluding their deductibles). Let's assume you had such an agreement in writing and you were successful at helping the customer secure funding by gather evidence of hail damage and other storm related damages. Then the customer stopped calling you after you got them the money. Keep in mind that there is a clause in the agreement which state's the customer shall be in violation of the agreement if they fail to allow you to complete the roofing project. Do you think there would be a good civil case against such a customer? |
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#2 |
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Junior Member
Trade: contractor
Join Date: Apr 2009
Location: WI
Posts: 15
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Re: Customer Agreements
contractors did it alot around here. the HO would sign off with the ins company and the contractor would get the job, talk with the ins company and as far as i know..........get the recoverable depr as well.
not sure how it was worded or if it even worked. i did the jobs and then told the HO they could have the rec depr if the cost of the roof was less then what the ins company was giving. if that makes any sense |
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#3 |
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Senior Member
Join Date: Oct 2008
Location: Chicago, IL
Posts: 1,562
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Re: Customer Agreements
What youa re saying is not uncommon for storm chasers to negotiate on behalf of the customer with the insurance company on a contingency. Do you have a signed agreement? Enforcing a verbal agreement is next to impossible because all he has to do is say "I never agreed".
The customer is definetly an A-hole. Most of the storm chasers I know of will have a contingency clause that states that if the customer decides not to use their service after insurance monies have been negotiated, that the storm chaser is entiteled to $2,000 of 33% of the settlement from the insurance company, which ever is greater. 33% is what lawyers take when they negotiate on your behalf, high number I know but if the bar approved thieves get away with it why not us too? ...Seems to work for the guys I know. |
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#4 |
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Junior Member
Trade: Inspections and Installations
Join Date: Oct 2009
Posts: 2
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Re: Customer Agreements
Its unfortunate but I will be moving forward with a civil actions against this particular homeowner. I learned that she was previously paid by her insurance company to complete other roofing work caused by minor tree damage. She never repaired the roof.
Before learning about the habits of this woman I actually cauked leaks on her roof. Then I discovered hail damage. She gladly agreed to allow me to do the work. I guess when she got the money she couldn't help herself. |
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#5 |
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Junior Member
Trade: own roofing company and insurance adjuster
Join Date: Nov 2009
Posts: 9
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Re: Customer Agreements
Our company has placed a clause in our contract protecting us from this happening. The contactor needs a signed contact to enforce this.
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