Consumer Homes. » Home Contractor » advice? (please!)

advice? (please!)

Question:

> I’ve heard of people sending a partial check with "Paid in Full" above where > it is endorsed. They said it is a binding contract if it is cashed.

Great!  More tips on how to cheat an honest business. -Tim

Response:

 I actually just got off the phone with the owner. He > immediately told me to file with my home owner’s insurance. Now, I’m a brand > new homeowner, so I have no idea how this works, but clearly he’s telling me > to go screw. I’ve already cancelled the check – I don’t know what to do. So, > you’re saying that I’m probably looking at the legal route now? > Damn. > Thanks.

Cynic, insurance co’s are cancelling people for even filing claims these days…you should not have to incurr that kind of nightmare, or higher rates, due to something this contractor did…it’s HIS insurance, or his pockets, that the cost of restoration should come out of, not yours.  It wasn’t your error that caused this damage, it was his.  Definitely seek legal advice to learn what your recourse is and don’t cut this guy any slack.  I get so tired of contractors that expect their customers to pick up the tab for workers errors.  I doubt any of us, in our jobs, can be that irresponsible, so why should they?

Response:

I’ve heard of people sending a partial check with "Paid in Full" above where it is endorsed. They said it is a binding contract if it is cashed. — Regards. Rick

– Hide quoted text — Show quoted text -> > I would take a personal approach; try talking directly to the owner > > of the business.  Negotiate a settlement.  If it turns into a > > confrontation, you’re talking about lawyer’s fees. > > Jim > Thanks, Jim. I actually just got off the phone with the owner. He > immediately told me to file with my home owner’s insurance. Now, I’m a > brand > new homeowner, so I have no idea how this works, but clearly he’s telling > me > to go screw. I’ve already cancelled the check – I don’t know what to do. > So, > you’re saying that I’m probably looking at the legal route now? > OR he would find it easier to deal with a professional adjuster who has no > personal or emotional issues involved.  I guess we can’t hear how he said > it…   Go talk to your insurance people, they are probably used to this, > have a routine, and can give you some assurance and advice. > If you have a minor car accident, the adjusters take care of the paperwork, > and work out a settlement with the other company, usually without going to > court except in a small percentage of cases. > Depending on your state, canceling a check can be a criminal offense whether > or not you have just cause.  Some states are frowning on the use of that > tactic as an after the fact re-negotiating ploy, which is what some people > do, not that I’m suggesting that’s what you are doing here.

Response:

> >You should do as he said, call your insurance agent and follow his/her >directions……. But stopping the payment you made isn

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