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Colorado80923

Contingent Agreement - to pay them for what?!?!?!?!

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I had hail damage in COSPGS. On the morning of the 7-29, a very nice XXRoof rep came by offering free inspections and to meet with our adjusters w/ no obligation. He did a quick visual on our roof, and asked we signed what was explained as a non-obligatory form which would allow him to speak with our adjusters.  He came back out on 8 August to talked to our adjuster. Then... nothing. No calls, no estimates, no nothing.

 

Our insurance adjuster gave estimates based on his inspections and check has been issued (not cashed). The form turns out to be a Contingent agreement stating XX Roof will represent us and if agreeable price is approved by my insurance & accepted by XX Roof, then it becomes binding. There's also verbiage that if not cancelled in 72 hours, we must pay 15% of liquidated insurance proceeds. They have not done anything. I feel like the main character of the letters I'm getting daily now to avoid scams. Am I bound? This form has no timeframes, materials, etc. but payment would be amount of insurance approved/accepted by XXRoof.

 

So a month later, here I am. No roof, not sure if I can go somewhere else... afraid to cash a check to complete other work I need done. Am I bound? The agreement seems to be voided by XXRoof due to non-action nor contact/communication. It almost seems like they're just waiting for me to tire an go to another company, then they'll come for 15%. The agreement also is not a work order. They are a large company, and perhaps they will void it... but I wanted to get some legal advice first. Maybe get an attorney??

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Sorry, you're bound by the contract you signed.

 

That you signed it with your eyes closed doesn't change that.

 

If the check is made out to just you, you are free to deposit it and get your roof fixed.

 

But if the roof guy comes around for his 15%, you could have a real problem on your hands.

 

 

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11 hours ago, Colorado80923 said:

I had hail damage in COSPGS.

 

I hope you're not expecting folks to know what that acronym means, and I assume you're talking about damage to your home.

 

 

11 hours ago, Colorado80923 said:

He did a quick visual on our roof, and asked we signed what was explained as a non-obligatory form which would allow him to speak with our adjusters.

 

Did you read any of this form before signing it to ensure that it didn't say anything other than what the guy told you?

 

 

11 hours ago, Colorado80923 said:

The form turns out to be a Contingent agreement stating XX Roof will represent us. . . .

 

Represent you?  In what capacity?

 

 

11 hours ago, Colorado80923 said:

Am I bound?

 

Nothing in your post suggests you're not.  Is there some reason you think you might not be bound by a contract you signed?

 

 

11 hours ago, Colorado80923 said:

The agreement seems to be voided by XXRoof due to non-action nor contact/communication.

 

I'm not sure what you mean by this.  While you didn't quote the agreement, it seems like it requires an "agreeable price [to be] approved by [your] insurance & accepted by" the roofing company before the roofing company is required to do anything.  Since your insurer has issued you a check, it is likely incumbent on you to communicate that fact to the roofing company so that it may determine whether or not to accept that amount.  Have you done that?

 

Bottom line:  proceed with someone else at your own risk and consult counsel if you believe it prudent to do so.

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Hi @Colorado80923

 

Welcome to the community and thanks for posting! Sorry to hear about your roof damage and the resulting headache. As you mentioned, and echoing what PG said, you may want to meet with an attorney so that you completely understand the contingent agreement and your options moving forward. To find one in Colorado Springs, you can use the FindLaw attorney directory.

 

Best of luck and keep us posted!

The FindLaw.com Team

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