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06-02-2009, 08:50 AM
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#1 | | I Will not Admit my Addiction to RS
Join Date: Jun 2005 Location: Vancouver
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| home insurance question
My dad hired a contractor to fix roof on his house.. His house was rented to some tenants for $3500 a month.
Long story short, the roof guy took off old roof and left without covering it and the next day it rained heavily. The damage to the house is severe, including flooring, ceiling, carpets and furniture. The tenants got so pissed off, they left the house breaking contract few days later.
When confronted, all the contractor is saying is how sorry he is and how he'll try his best to fix problems at minimal labors and stuff. Due to his ignorance, we are facing a lot of damage probably exceeding 30~40k if not more plus loss in rent.
My dad had insurance on the house, but the insurance guy said it wouln't be covered. My dad doesn't want to confront contractor for full repair bills because of fear of them running away without even fixing problems.
Shouldn't insurance be paying for the damage and later sue the contractor for the damage or are we just out of luck? I've asked my dad to find me the contract for the insurance so I can see what is covered.. but anyway can anyone give me any advise on this?
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06-02-2009, 08:53 AM
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#2 | | Banned (ABWS)
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The contractor should have insurance to cover the damages. Unfortunately the loss of rental income you may have to recover from the contractor directly, it'll depend on the contractors insurance coverage.
Don't be afraid to hire another contractor. If they left an open roof during the rain, how good a job do you think it'll be?
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06-02-2009, 09:40 AM
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#3 | | Rs has made me the man i am today!
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true true... but wow.. that sucks man..
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06-02-2009, 10:08 AM
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#4 | | Rs has made me the woman i am today!
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yah..just make sure its not your insurance but the insurance of the contractor
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06-02-2009, 10:29 AM
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#5 | | I *heart* Revscene.net very Muchie
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Yes, in normal instances your insurer would pay this and reclaim from the contractor or his insurance company. It's called subrogation.
The insurance on the house likely isn't covering this because it occurred while renovations, alterations or significant repairs were being performed. Normal coverage is suspended when this happens. Unless, you notify the insurer in advance AND receive confirmation in writing that they will allow coverage to continue during that time.
The contractor should have liability insurance coverage for just this type of occurrence that should cover the extra costs for the damages and loss of rental income, beyond the scope of the original repairs, in full.
In case that fails you always have the option of legal action and it sounds like you would have a successful case (assuming the contractor has the money to pay the judgment). In fact, I would be in consultation with a lawyer now. From your description it sounds like the contractor wants to charge "minimal labor" for the damages he caused. You should not be paying anything for those repairs.
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06-02-2009, 10:46 AM
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#6 | | The RS Freebie guru
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Wow... that's a pretty crappy deal!
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06-02-2009, 10:55 AM
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#7 | | Willing to sell a family member for a few minutes on RS
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damn hope everything works out for you and you get your money
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06-02-2009, 03:00 PM
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#8 | | Peanut Butter Jelly with a Baseball Bat!
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| Quote:
Originally Posted by Mancini  Yes, in normal instances your insurer would pay this and reclaim from the contractor or his insurance company. It's called subrogation.
The insurance on the house likely isn't covering this because it occurred while renovations, alterations or significant repairs were being performed. Normal coverage is suspended when this happens. Unless, you notify the insurer in advance AND receive confirmation in writing that they will allow coverage to continue during that time.
The contractor should have liability insurance coverage for just this type of occurrence that should cover the extra costs for the damages and loss of rental income, beyond the scope of the original repairs, in full.
In case that fails you always have the option of legal action and it sounds like you would have a successful case (assuming the contractor has the money to pay the judgment). In fact, I would be in consultation with a lawyer now. From your description it sounds like the contractor wants to charge "minimal labor" for the damages he caused. You should not be paying anything for those repairs. | +1
i think i'd just file a statement of claim against the contractor directly if the damages are as extensive as you say they are.. no point in beating around the bush with the contractor.
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06-02-2009, 06:26 PM
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#9 | | I Will not Admit my Addiction to RS
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what ended happening..
my dad's getting labour free for those damaged part
original labour fee for roofing.. $2000 discount
what we are paying out of our pocket..
all the material costs.. including new floors, etc..
$1000 move-out fee to previous tenants which we paid them with cash..
$3500 more to labour cost to contractor at the end of work who got paid $5000 in advance because 'he doesn't have money to buy materials'
$3500 a month in rental each month while the place is not rented..
why? because my parents are Asian and they don't want to pursue legal direction because
1. they could run away. this actually happened to them before..
2. they feel pitty that the contractor is very poor(he claim that he rents place in langley
and he eats crappy istant noodle for every lunch unless we get them something better..
and even after persuing legal direction, it seems hopeless to get any money out from them
I told my parents at least don't pay them remainder of $3500 but they insist to pay them if they do the job properly.. This is killing me...just had big argument with my parents because of this and this is paid using MY account.. part my money, part my parents..
The contractor don't have insurance for such event.. He said he only got insurance for personal liability when people get hurt.
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06-02-2009, 06:43 PM
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#10 | | manage the cap you say????
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o man.. this sucks big time...
hope everything goes well..
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06-02-2009, 10:03 PM
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#11 | | I *heart* Revscene.net very Muchie
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Commence legal action now! Refuse to pay for anything beyond the amount you originally agreed to contribute. No extra repairs. No escalating costs. No loss of rental income whatsoever.
If your parents want to handle things differently they are free to do so at their own discretion. And cost. You need to be clear (both with them and with yourself) that they have the right to make their own decision but they must deal with the consequences of their decision. Parenting your parents can be difficult. I know.
This will end badly. Heed this advice or not but you've heard the truth. Either way prepare to live with the consequences of your decision.
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