I am asking this one for a friend. He is a bit confused ...
My buddy does insurance work. State Farm (for example), hires him to do work
for them and he fixes the bathroom of a homeowner. The work was authorized
by the insurance. The insurance company thought the work was great, and they
paid him. The homeowner thought they should get more, and they have
threatened to file a complaint unless he gives them a bunch more (free)
work. He has no contract with the homeowner at all. Nothing. The homeowner
didn't hire him, and had no say in what was done, but they seem bound and
determined to get what they want, even if they have to lie to get it. Can
the homeowner file a complaint even if they didn't hire him? The work is
good, this just a classic shakedown.
Right, but a weaselly homeowner would complain to the contractor
licensing board anyway. They're looking to squeeze out some free
work, they don't care how the squeezing gets done. From personal
experience I know that a lying homeowner can withhold money, complain
to a licensing board, and when the licensing board finds out that the
contractor did nothing wrong, the board can't do anything to force the
owner to pony up the money. They just close the case as unresolved.
I don't know the OP's specifics and what the contractor licensing
board's requirements for filing a grievance are. Best for the
contractor to speak to the contractor licensing board in person and
explain the situation and ask for guidance.
This is where an indemnification clause in the contractor's contract
with the insurance company would be useful. Then again the insurance
company very possibly would refuse to sign such a contract. Rock and
a hard place.
On Sun, 24 May 2009 14:13:57 -0700 (PDT), RicodJour
They are not party to the contract, and the licensing board will
dismiss their claim. (Generally...)
The homeowner could be found liable for the contractor's expenses in
defending himself from such an action if they are not careful. They'd
be well advised to hire an attorney first, and listen to what he has
And there are both regular court, and small claims court. That is what
*they* are there for, not the licensing board who have NO power to
force a party to pay the contractor.
Perhaps not. Ideally the homeowner should have been party to the
contract, and I'm amazed that they were not. Not a good insurance
company, but then again we don't know the details at all.
It is possible the homeowner does have a valid complaint, it is just
that they were left out of the loop (intentionally, most likely by the
insurance company!) to prevent this from happening.
First off this is one side of the story from a guy thats lying in my
opinion, what 3rd party would say " even if they have to lie to get
it". And none of my friends would write this for me. So who knows ,
maybe the HO should have gotten something that someone is trying to
get out of, we all know insurance companies honor all true claims,
If you had checked the OP's posting history before writing the above,
you would probably change your opinion. I have no idea what the
contractor friend/owner/insurance company's story is, but the OP is a
I had the sinking feeling that the homeowner could say that the contract was
oral and the homeowner paid the contrator in cash to do extra work and the
contractor didn't do it. It's like when I found out that whatever a
contractor says is under penalty of perjury but not the homeowner. So
basically, I could say that I hired Bill in Hamptonburgh, NY to remodel my
bathroom and I paid him $25,000 in cash (because he only accepts cash) and
when he didn't do it, I filed a complaint. Bill says he doesn't know what I
am talking about, I swear up and down he STOLE MY MONEY. The problem,
naturally, is how does Bill prove he didn't do it? Contractors boards don't
care much about how many nails you put in a Simpson clip, they care more
about contracts and how consumers are treated. A mean contractor like Bill
(just kidding Bill) stole this poor homeowner's money. He says he didn't do
it, but as we all know, contractors are all lying, cheating bad guys. Rock
and a hard place.
Give me half your brother-in-law's share, and I'll agree with you too!
Give me all, and I'll take care of your 'brother-in-law' so he doesn't
need any future payoffs.
BTW, I to have a brother-in-law, wanna trade 'em?
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