INSURANCE: A homeowner can't usually talk to a contractor's broker
Well, you can talk to them but you cannot make a claim against hi insurance. Only he can do that.
What you can do is to call your homeowner's insurance and tell the about the damage to your property. They in turn will pay you and the pursue his insurance company for reimbursement.
The problem with this approach is, depending on your deductable, yo may end up paying more out of pocket by alerting your insurerer tha what the damages are worth.
WITHHOLDING PAYMENT: In many states it is illegal to withhold paymen from a contractor without first
a)Making full payment on the portions of work completed and with whic there is no dispute b)Notifying the contractor within 7 days of the receipt of his bill fo services that there is a dispute and just what the dispute is. c)Failing to follow this proceedure can cause you be be fully liabl for all financial claims by the contractor, have to pay interest on an money withheld, and having to pay for court costs and attorney's fees b the contractor to collect his debt. d)It can be a criminal offense to stop payment on a check in som places.
SMALL CLAIMS: You could proceed via small claims court but it will cos you to do so and there is no guarantee you will win. Even if you ar
100% correct people lie and judges don't know when they are lyin especially when the lies are corroborated by witnesses. If this fello has his employees show up and they say the rake was already broken an that your shed roof was already damaged, you could be fully out o luck. Magistrates and small claims judges don't even want to wast their time with cases like these in most situations and may be irke with you simply because yu brought the case to trial.
CONTRACT: What does his contract say about damage from falling trees o branches? Some tree men will fully disclaim any and all responsibilit for damages from falling trees or branches and also not warrant an damages to your property from their heavy equipment in mud. If you contract agreement has a no damage clause, then you have no case.
Personally,and for the amount of damage that is involved, you may jus wish to swallow this loss and chalk it up to experience...
It could cost you more to pursue any action and you coudl come awa empty handed
-- manhattan4
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