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Discussion Starter · #1 ·
Back in 2012 we did a roof replacement for a client of ours. Before starting, the client had cautioned me that the guy next door was upset they did not hire his friend. Their neighbor is a painting contractor, so he must have his own little network of various trades friends.

The 2 homes were close together, so we had put sheeting along the side of his home to protect his siding and windows, and tarps and sheeting along the side of the home we were contracted to do.

In the process, there were 5-7 tar marks still on his house from small debris that made it through the spaces in the sheeting.

The neighbor had never approached me or anyone on our crew, but did to our client. We used Alco Asphalt and Tar remover to wash these spots initially. After hearing from my client, I knocked on his door, to ensure him we could get everything clean, and to smooth things over. He just got home, but would not answer the door, so I left a card in his door.

The next day, I had went over with another guy, we throughly cleaned the side of his home, first with the Asphalt remover that we normally use, and after with our normal siding cleaner.

About a year later, I got a letter from his attorney asking me to make a claim for 10k to my insurance provider to replace his siding. So I consulted with my agent, and attorney and had my attorney reply asking to meet at the home to inspect any damage and resolve the issue. This was in October of 2013. Included in the letter was a video I took with my iPad the day we got the letter. It's very clear and very crisp, shows me walking up and down slowly the entire side of the house with only 1 mark on the siding, and upon zooming in it shows that the dirty area is actually one of the vents at the bottom of the vinyl siding draining dirty water out, leaving some dirt on the siding, but clearly not tar.

Just last week, I got a letter from this guys insurance company, and they did a claim for him, for "damaged siding". No work has been done, but they generated a check to him for $1,200. They asked me to make the claim to my insurance company.

I sent along documentation that I had from the entire process along with my video and had requested to meet an Adjuster at the home to determine any damage. But they have already made the claim.

My agent turned it over to my Insurance company, but I don't feel they would fight this very much over such a small claim. But I'm debating telling them I'll take responsibility for it, make no claim, and I'll fight it myself.

I'm pretty confident with my video, my letters from my attorney to him and his attorney that I could win. I've asked to be shown this damage to resolve the issue and I've never been given that opportunity by them.

I'd love to hear any feedback or any advice from anyone who has had these things come up before!
 

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sometimes you lose...$1,200 isn't much considering he wanted $10k for all new siding

id move on....I don't lose often, but sometimes its better to give in and lose than to stress over $1,200...
 

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J-Peffer said:
Back in 2012 we did a roof replacement for a client of ours. Before starting, the client had cautioned me that the guy next door was upset they did not hire his friend. Their neighbor is a painting contractor, so he must have his own little network of various trades friends. The 2 homes were close together, so we had put sheeting along the side of his home to protect his siding and windows, and tarps and sheeting along the side of the home we were contracted to do. In the process, there were 5-7 tar marks still on his house from small debris that made it through the spaces in the sheeting. The neighbor had never approached me or anyone on our crew, but did to our client. We used Alco Asphalt and Tar remover to wash these spots initially. After hearing from my client, I knocked on his door, to ensure him we could get everything clean, and to smooth things over. He just got home, but would not answer the door, so I left a card in his door. The next day, I had went over with another guy, we throughly cleaned the side of his home, first with the Asphalt remover that we normally use, and after with our normal siding cleaner. About a year later, I got a letter from his attorney asking me to make a claim for 10k to my insurance provider to replace his siding. So I consulted with my agent, and attorney and had my attorney reply asking to meet at the home to inspect any damage and resolve the issue. This was in October of 2013. Included in the letter was a video I took with my iPad the day we got the letter. It's very clear and very crisp, shows me walking up and down slowly the entire side of the house with only 1 mark on the siding, and upon zooming in it shows that the dirty area is actually one of the vents at the bottom of the vinyl siding draining dirty water out, leaving some dirt on the siding, but clearly not tar. Just last week, I got a letter from this guys insurance company, and they did a claim for him, for "damaged siding". No work has been done, but they generated a check to him for $1,200. They asked me to make the claim to my insurance company. I sent along documentation that I had from the entire process along with my video and had requested to meet an Adjuster at the home to determine any damage. But they have already made the claim. My agent turned it over to my Insurance company, but I don't feel they would fight this very much over such a small claim. But I'm debating telling them I'll take responsibility for it, make no claim, and I'll fight it myself. I'm pretty confident with my video, my letters from my attorney to him and his attorney that I could win. I've asked to be shown this damage to resolve the issue and I've never been given that opportunity by them. I'd love to hear any feedback or any advice from anyone who has had these things come up before!
Sound like you are proactive and did your part to document the issue. It is an issue if your crew left tar marks on the siding but when you are dealing with people like you describe and your down to 1200, I agree with Huggytree, time to move on and make sure it don't happen again.
 

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It's not worth the fight. Let your insurance company handle it. That's what you pay them for.

I once cut a fig tree limp that was hanging across the property line, where we were installing a fence. I made sure I cut it at the property line, not at the trunk.

The neighbor filed suit for the damaged to the tree, and my insurance company paid her $750.00 just to make her go away.

It pissed me off, but you have to pick your battles.
 

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Have your attorney draw up a release and accompany your $1,200 check with it.

You might check your policy too, when I was roofing I had a $2,500 deductible and we had a claim that I thought my insurance company would come look see and deny this particular claim. They did not , they wrote the owner a $12,000 check for.... Wait for it... Cracked plaster on the first floor ceiling as a result of us shoveling shingles. The house is a 2 story.
 

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Have your attorney draw up a release and accompany your $1,200 check with it.

You might check your policy too, when I was roofing I had a $2,500 deductible and we had a claim that I thought my insurance company would come look see and deny this particular claim. They did not , they wrote the owner a $12,000 check for.... Wait for it... Cracked plaster on the first floor ceiling as a result of us shoveling shingles. The house is a 2 story.
Ive never seen a 1200 lb roofer before, but good on you for making up a ladder rated at 350lbs!

The longer I'm in this business the more I believe no good deed goes unpunished. Show them no mercy.
 

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Discussion Starter · #9 · (Edited)
Good information and good advice, thanks guys.

I guess my stance is really this.

What do I have to lose?

It's $1,200. If I fight and lose, that's all I'm responsible for, they cannot peruse cost of legal aid and I cannot against them either. I think I have a $1,000 deductible, so it's a matter of $200.00 really. It would be just one day in court possibly, if Farmers Insurance even choose to go through the process of going to court.

My real issue, and reason I'm debating this being the battle I choose to take is: I had my lawyer contact him and his attorney via certified mail, requesting us to be shown the damage so we could come to a resolution on the matter.

But instead, him and his insurance made the determination and just sends me a bill?

I'm probably being stubborn, but it's not just setting well with me :)

Edit:

Forgot to mention, the contractor that gave the 10k estimate: I did some research and Facebook stalked the home owner, and the contractor and him were clearly buddies from what I gathered. So I contacted the contractor on the phone, and talked to him, very nice, and cooperative. I asked him if he could, prepare us an itemized estimate, or run one through xactimate. Before I could finish he cut me off and said he couldn't hear, so he asked me to email him, I agree'd and some how he could hear that part fine.

So I emailed him, and told him I just needed a few things to move forward with this claim.

1. Itemized estimate with his builders license # on it.
2. A copy of his liability/workmans comp
3. An affidavit from him stating this was the damage he found, and the appropriate fix.

The reason I did this, was I cannot file suit against someone who files suit against me. But I can file suit against another contractor, for my cost and legal fee's if his client is perusing cost based off his professional recommendation.
 

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If you have the time and resources go fight it.
This guy was throwing crap against the wall to see what sticks and $1200.00 was what stuck.

You never know a judge might notice the insurance fraud going on a nail this guy and his buddy.
 

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NO WAY IN HELL I WOULD PAY THAT. USUALLY his carrier would contact your carrier. they are asking you to contact YOUR carrier and claim it? hell no. HELL NO.. THAT GUY IS JUST A SCAMMER.. DONT TAKE A HIT ON YOUR INSURANCE.
 

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The reason I did this, was I cannot file suit against someone who files suit against me. But I can file suit against another contractor, for my cost and legal fee's if his client is perusing cost based off his professional recommendation.


BS BS BS BS. YES YOU ABSOLUTELY CAN. IF HE FILES SUIT AGAINST YOU, YOU SEND HIM A LETTER SAYING YOU ARE GOING TO COUNTERSUE FOR WHATEVER. IT doesnt even matter if its total bs. countersuits usually are. but make it a high enough amount to keep it out of small claims court. a civil suit will run him 5 grand to start and defending a countersuit will cost him 5-10k

it a tactic used by every business person on this planet to deter people from suing them. TRUST ME I KNOW.
 

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AND whoever is giving you legal advice needs to shut up. everything they are telling you is WRONG ITS MAKING ME MAD. CANT YOU SEE HOW UPSET IM GETTING.? IM POUNDING ON THE KEYBOARD! LOL but seriously. who are you conferring with because they are an absolute idiot. i wouldnt so much as take directions to the next door neighbors house from whoever youre talking to. Youd end up in another state.

you dont have to actually SUE, just threaten to countersue. or advise him politely that if he sues you intend to countersue. he will back off. have an attorney send him the letter.
 

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yes they do. and so do people who bump old threads with a response. lol.. note to self.. check the date on the op.

anywho... now that we are all here, what do you say we toilet paper this guys house? if someone could call black top, he rides around with tp in his truck.
 

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yes they do. and so do people who bump old threads with a response. lol.. note to self.. check the date on the op.
Better to get a couple good posts up than worry about details, especially if you're cranked up.:thumbsup:
 
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