Ins referred bad construction co, now we have lien on home!

[muffinsmom]

Florida
We had a fire Aug, 2000. That was horrible enough for my family. Insurance co. strongly reccommended a construction co they list as a "claim partner" on their website. Const. co did such a poor job, that we are now forced to add 2 additional inches of concrete (over their unreinforced 6") which forces us to raise the entire roof in order to meet code. Everything that was done, now must be redone and will cost us twice as much. Ins co paid funds to mtg co, but almost 30k has gone to const co. Work was halted by us. Now const co put 45k lien on our home. Can we challenge? Is ins co liable for their part in sending this const co to us?
Any advice would help!
Muffins Mom

 

[HomeGuru]

Yes you can claim third party referral. You need a good attorney as you have some complex matters to deal with.

 

[Elliotg]

Many of the more reputable insurance companies warrantee the work done by the companies they refer. Which insurance company is involved? Did you complain to the insurance company? How did they respond? If you haven't complained in writing to the insurance company then immediately do so. Send the letter by certified return receipt mail. Tell them that you require a written response within 10 days. Tell them that unless they remedy the situation, you reluctantly will be forced to make a formal complaint with the State's Insurance Commissoner.

Did you complain to the contractor in writing? If you haven't, then do so now. Also send this letter by certified return receipt mail. With both letters just stick to the facts and demand that they either correct the work and/or pay for the required repairs.

Assuming the insurance company does not satisfactorily deal with the matter, you should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. If you are located within the Greater Tampa/St. Petersburg area, I would be happy to meet with you

Good Luck, Elliot Jay Goldstein (I also maintain a Tampa office)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

 

[muffinsmom]

My thanks for both replies. I know the nightmsre has only just begun!
We have sent several registered letters to the construction company and met with them once. They want the funds they say are due. They say they will finish the house as they intended, but will not correct the problems outlined by two inspection experts' reports and estimates for repairs by state certified building contractors. The foundation now requires 2" of reinforced concrete to compensate for the 6" of unreinforced concrete poured at the company's direction. The entire foundation is showing severe cracking after just few months. With more concrete, the entire roof must be raised to meet with code stndards! There is a long list of repairs to the work that must be done and of course the co. isn't willing to take care of it.
We have met with the ins. co twice in person to discuss this, but they want no part of it and say we should just pay the const. co. The relationshp between the two is just too close for comfort!
We are now thinking that we will be forced to file a Chapter 7 to try to protect ourselves, but don't know if the const. co. lien is applicable as a dischargeable debt.
What chance have we got against two large corporations with legal staff at their disposal?!

 

[Elliotg]

Before becoming an attorney, I was an adjuster for Allstate and G.A.B.. As an attorney, prior to establishing my own firm, I represented State Farm, St. Paul, and Hanover Ins., and other major insurance companies.

If you prevail in court, the insurance company and/or the contractor will probably be ordered to pay your attorney fees. Everyday hundreds, if not thousands, of cases are won against insurance companies, so don't sound like such a beaten puppy. In this type of case, many attorneys, including myself, normally agree not to pursue collection of attorney fees (except for a small advance less then $500, which would be reimbursed if the other side is ordered to pay your attorney fees) unless they are to be paid by the other side (insurance company and/or contractor).

Make a written complaint to the the Florida Insurance Commissioner. If that doesn't resolve the situation, get yourself a formal consultation with an attorney. A web consultation only goes so far.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. If you are located within the Greater Tampa/St. Petersburg area, I would be happy to meet with you. I do not charge for an initial consultation.

Good Luck, Elliot Jay Goldstein (I also maintain a Tampa office)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.