LEGAL QUESTION; am I now contractually required to hire this roofer?

[Nacoma]

I know this is not the proper platform to be asking legal advice but I thought maybe someone else has recently been though the same thing??
We had considerable roof damage during hurricane Milton. At the time I wasn’t here I was still up north. With a phone number from a friend here I immediately called a roofing company to tarp the roof protecting the home’s interior from further damage, $1,500. I did end up signing some paperwork with the roofing company through Docusign knowing I needed to get this fixed as soon as possible. My question; does that paperwork I signed now legally require me to use that particular roofing company if my insurance claim is approved? Can I shop another company without the fear of possibly being sued or them sending me a bill? They haven’t really done anything but tarp my roof and I’ve already paid for that. I’ve heard the laws in the past couple years have changed in regards to this very thing? The reason I ask is I’m unhappy with the amount they’re asking my insurance company to pay for my roof. Their estimate is ridiculously high. Thanks for any advice.

[BrianL99]

I did end up signing some paperwork with the roofing company through Docusign knowing I needed to get this fixed as soon as possible. My question; does that paperwork I signed now legally require me to use that particular roofing company if my insurance claim is approved?


Perhaps read the paperwork you signed and see what it says?

[MrFlorida]

Depends on what you signed.

[retiredguy123]

As I understand the new law, Assignment of Benefits agreements are no longer allowed. But, it seems strange that the roofer is even talking to your insurance company. Why not call your insurance company and file a claim on your own? Also, read the papers you signed.

[villagetinker]

There are some roofers that found a loophole which somehow allows them to still use the AOB. You will probably need to have a lawyer or possibly YOUR insurance company look over the paperwork. I would go with your insurance company first as they have skin in the game, and they may also be aware of a way to cancel this document.

[BrianL99]

There are some roofers that found a loophole which somehow allows them to still use the AOB. You will probably need to have a lawyer or possibly YOUR insurance company look over the paperwork. I would go with your insurance company first as they have skin in the game, and they may also be aware of a way to cancel this document.

AOB's have been illegal in Florida, since last year.

As you say, someone may claim there's a "loophole" that still allows them, but I doubt any Insurance Company will buy their reasoning.

[dougjb]

This is a great forum for professional advice. Recently, I asked for information regarding how to do heart surgery on myself. I got great advice.

If you signed a contract, why are you seeking professional advice from laymen? It seems you might have thousands and thousands of dollars at risk. Have you considered paying a couple of hundred dollars to a professional? If not, I have a slightly used scalpel for sale.

[Babubhat]

See if there is a termination or liquidated damages clause.

[village dreamer]

anytime you sign something......you better have looked it over as good as you can. if you don't understand the language don't sign anything.

[CarlR33]

Too late now but day one I would have called your insurance company for the possible tarp during their (what should have been an assessment or the roof)and before considering the sky was falling in, etc. As others have said call them now and see what they say.

[MarshBendLover]

This is a great forum for professional advice. Recently, I asked for information regarding how to do heart surgery on myself. I got great advice.

If you signed a contract, why are you seeking professional advice from laymen? It seems you might have thousands and thousands of dollars at risk. Have you considered paying a couple of hundred dollars to a professional? If not, I have a slightly used scalpel for sale.

So I assume the self-surgery worked out great! :BigApplause:

[Arctic Fox]

I think that any document you sign assigning your insurance rights needs to include a full estimate of the final cost for it to have any legal validity.

[MikePgh]

DocuSign is as legally binding as a signature in ink.
So if what you signed says you have hired them to replace or repair the roof, then I would say yes.

[ltcdfancher]

My sister in Tampa found herself in a very similar predicament. She ended up paying the company that tarped the roof a significant percentage of the final settlement. I’m sorry that you might have been swindled by bad actors posing as roofers.

[RoseyRed]

too funny!

[JRcorvette]

I know this is not the proper platform to be asking legal advice but I thought maybe someone else has recently been though the same thing??
We had considerable roof damage during hurricane Milton. At the time I wasn’t here I was still up north. With a phone number from a friend here I immediately called a roofing company to tarp the roof protecting the home’s interior from further damage, $1,500. I did end up signing some paperwork with the roofing company through Docusign knowing I needed to get this fixed as soon as possible. My question; does that paperwork I signed now legally require me to use that particular roofing company if my insurance claim is approved? Can I shop another company without the fear of possibly being sued or them sending me a bill? They haven’t really done anything but tarp my roof and I’ve already paid for that. I’ve heard the laws in the past couple years have changed in regards to this very thing? The reason I ask is I’m unhappy with the amount they’re asking my insurance company to pay for my roof. Their estimate is ridiculously high. Thanks for any advice.

Roofing contractors try to get you to Assign your insurance rights of payment to them. Hopefully you did not do that. No one should ever do something like that. You need to have an attorney review the document in order to determine what your options. Also contact your insurance carrier immediately,

[wisbad1]

There are some roofers that found a loophole which somehow allows them to still use the AOB. You will probably need to have a lawyer or possibly YOUR insurance company look over the paperwork. I would go with your insurance company first as they have skin in the game, and they may also be aware of a way to cancel this document.
Morgan and Morgan

[retiredguy123]

Roofing contractors try to get you to Assign your insurance rights of payment to them. Hopefully you did not do that. No one should ever do something like that. You need to have an attorney review the document in order to determine what your options. Also contact your insurance carrier immediately,
Attorneys are expensive. Another option is to read a document before you sign it.

[kkingston57]

AOB's have been illegal in Florida, since last year.

As you say, someone may claim there's a "loophole" that still allows them, but I doubt any Insurance Company will buy their reasoning.

Insurance company may not buy their reasoning. This is a legal ? and legal questions are(ultimately) decided by a judge

[kkingston57]

Morgan and Morgan

Sarcasm? They are mostly a personal injury firm.

[BrianL99]

AOB's have been illegal in Florida, since last year.

As you say, someone may claim there's a "loophole" that still allows them, but I doubt any Insurance Company will buy their reasoning.

Insurance company may not buy their reasoning. This is a legal ? and legal questions are(ultimately) decided by a judge

Not necessarily so in Florida. The Insurance lobby is the one that got the new law passed. If you think the Insurance companies in Florida are going to allow Joe Blow Roofing to manipulate the law they got passed, you haven't been paying attention.

[Babubhat]

Today’s paper has ad for bring your roofing questions Thursday 10am at Cody LSL with a local roofing contractor. there is a good chance the language is boilerplate for roofing contracts, they may be familiar with your circumstances.

[BrianL99]

Today’s paper has ad for bring your roofing questions Thursday 10am at Cody LSL with a local roofing contractor. there is a good chance the language is boilerplate for roofing contracts, they may be familiar with your circumstances.

Only in TV would a restaurant have a "roofer" as a "special guest entertainer".