Forums | Home Repair | Home Improvement | Painting | Interior Decorating | Remodeling | Landscaping


Go Back   DIY Chatroom Home Improvement Forum > Home Improvement > Roofing/Siding

CLICK HERE AND JOIN OUR COMMUNITY TODAY...IT'S FREE!

Reply
 
Thread Tools Search this Thread Display Modes
Old 06-14-2008, 07:11 PM   #1
Newbie
 
Join Date: Jun 2008
Posts: 4
Share |
Default

What did my wife sign ??


We had some possible hail damage to our roof. My wifes friend husband is a claims specialist at a reputable company so we had him come out and look at the house. Before he left he had my wife sign something, I dont know the details because she threw away her copy and didn't even know what she was signing and I wasn't there when it happened. All he said is that it was saying they worked for all the insurance money collected and that was all. He is a stand up person and I can't see him doing anything shady, he is very busy right now and hasn't called back to give me the details so I'm really in the dark until I talk to him. My big question is did my wife sign something that would prevent us from using another contractor and if so shouldn't he have said something or is it to late once signed ? Anyone have any idea what she might have signed, thanks for any imput.
jrmint is offline   Reply With Quote
Old 06-14-2008, 07:27 PM   #2
nap
You talking to me?
 
nap's Avatar
 
Join Date: Dec 2007
Location: sw mi
Posts: 5,407
Default

What did my wife sign ??


anybody can only guess what she signed so until you talk to the stand up guy, you won't know either.

I don;t know what state you are in so I cannot be specific but some states have a 72 hour cancellation law fro contracts signed in your house. They vary as to what they cover but it may help.
nap is offline   Reply With Quote
Old 06-14-2008, 07:35 PM   #3
Newbie
 
Join Date: Jun 2008
Posts: 4
Default

What did my wife sign ??


Quote:
Originally Posted by nap View Post
anybody can only guess what she signed so until you talk to the stand up guy, you won't know either.

I don;t know what state you are in so I cannot be specific but some states have a 72 hour cancellation law fro contracts signed in your house. They vary as to what they cover but it may help.

It's been more than 72 hours, I live in MN and just found out yesterday when I had another contractor out to bid and they asked if we had signed with anybody and she said she had signed something.
jrmint is offline   Reply With Quote
Old 06-14-2008, 08:46 PM   #4
Member
 
Join Date: Jan 2007
Posts: 2,384
Default

What did my wife sign ??


He suckered her into signing an exclusive contractor agreement, guaranteeing that his company will get the work if the insurance company agrees to the scope of damages, probably.

Why the heck did she throw it out?

Go did through the trash. That is a possible legal binding agreement and may have even given that company Power Of Attorney over your claim.

If he did NOT give her an additional piece of paper notifying her and you that you have 3 days to rescind, then that is a federal violation.

Since you probably are a co-owner of the home, insist to that "Friend" that you get a copy and that all possible contractual agreements made without your consent and knowledge will be Null and Void.

Back uo that phone call with a certified letter to the man and to his company, to prove your intent.

Maybe I am wrong about this guy, but this is what the Storm Chasers do, to get their foot LOCKED in the door and prevent anyone else from getting the work. Sounds shady to me.

Ed
Ed the Roofer is offline   Reply With Quote
Old 06-15-2008, 07:52 AM   #5
nap
You talking to me?
 
nap's Avatar
 
Join Date: Dec 2007
Location: sw mi
Posts: 5,407
Default

What did my wife sign ??


I hope Ed is being a bit alarmist but he could be on the right trail anyway. the one thing that is not correct though is this:

Quote:
Since you probably are a co-owner of the home, insist to that "Friend" that you get a copy and that all possible contractual agreements made without your consent and knowledge will be Null and Void.
I hate to be the bearer of bad news but even if the home is owned jointly, either party can enter into a binding agreement without the other so that actually makes eds point just that much more of concern.

the fact the guy works for an apparently known and reputable company, I would think the guy is not going to rake you over the coals BUT until you have a copy of that contract, it is impossible to know for sure.

If you do not get a response from him by today, I would not hesitate calling the company he works for first thing tomorrow.
nap is offline   Reply With Quote
Old 06-15-2008, 03:55 PM   #6
Member
 
Join Date: Jan 2007
Posts: 2,384
Default

What did my wife sign ??


I was not implying that he was going to rake them over the coals, but he did sort of force a guarantee of his company doing the work if the insurance company accepts the liability.

I would rather have a friend get the job than a stranger.

As far as the co-owner issue, I am in court right now and have spent $ 6,000.00 so far, because the wife did not sign the contract for a very large roof and the husband does not have a taxable job. Yes, he makes a lot of money under the table, but shows little or no income, but the wife works for an airline as a flight attendant, and it wil be her wages that wil get garnished, not his undeclared amounts.

Even though she is the one who showed me a house that had the Hallmark style and color of shingles on it and even though I met with her on multiple occasions during the job, the husband was the one who met with me at a restaurant to sign the contract and give a deposit.

$ 22,000.00 later, the deposit was the only amount that I had received, even with every daily progress report signed by the husband and every extra work order agreed to in writing by him, but the wife does not want to be included in the lawsuit, and if she is not included, where will i go when I get my judgment to garnish assets and wages?

Yes, there is grey areas in the law, but it costs a lot of money for a company to prove that both parties authorized the work.

Ed
Ed the Roofer is offline   Reply With Quote
Old 06-15-2008, 04:13 PM   #7
nap
You talking to me?
 
nap's Avatar
 
Join Date: Dec 2007
Location: sw mi
Posts: 5,407
Default

What did my wife sign ??


depends on the state Ed.

Your situation is opposite of what you stated though. You said if he did not sign, the contract would be voidable. In your situation, he did sign and you want her to pay but are apparently having problems.

totally opposite.

either party can bind themselves to a contract concerning the house and that party would be liable for the debt incurred. In some states, one party signing would indebt both parties, not so in others other than the possibility of an unjust enrichment claim.

In your situation, since the guy signed, he would obviously be liable but as you have found out, he does not have any attachable money so you want to include the Mrs. That does not void the contract, or even make it voidable. All it does, at most, is make just the one person liable for the debt.

You should always have both parties sign the contracts. It just makes things easier when you have this kind of problem. It sounds like it was a pretty good sized contract so you need to use due diligence in protecting your ass.

Quote:
but the wife does not want to be included in the lawsuit
who cares what she wants (besides her). Include her. If the courts do not believe she should be there, they will excuse her as a defendent. If you fail to include her when she should have been included, you may have cooked your own goose.
nap is offline   Reply With Quote
Old 06-15-2008, 06:17 PM   #8
Member
 
Join Date: Jan 2007
Posts: 2,384
Default

What did my wife sign ??


Yes, my situation is the opposite of what I warned about and advised the HO to use as leverage to try to get out of a contract, if he wants to and even if it was a contractual agreement.

But, just the fact that the potential exist to encumber the company from doing the work in the first place, if that is what they desire, will surely invoke some common sense into the companies upper management.

The deciding factor now remains to be seen, what did she sign and what did they commit to? Also, do they really want this company to do the work anyways?

Yes, I did include the wife in the suit from the very beginning. The past 1 1/2 years have been spent in court getting her attached to the lawsuit and their attorney coming up with additional points of law, which argue that she should not be part of the lawsuit. Many different statutes and precedents have already been brought into play. Then we file an answer to that motion and she remains included. Then their attorney files another motion for another reason, due to a different statute to exclude her. Then we file our answer and she remains included. Their best shot was the original argument, which they lost on, but they are just trying to delay things from their eventual rightful conclusion.

Next step is a questionnaire that I have to fill out, or I believe the correct term is an interrogatory. I just received it yesterday and have to provide the answers in detail within one months time. About $ 5,000.00 of the legal bills to date, are just to keep her involved in the suit. That is for legal research and time for writing up the motions and answers so far, without even having our discovery taking place and mandatory non-binding arbitration and at the final step, the actual court case hearing.

Eventually, I strongly suspect, they will realize that everything was documented and agreed to and will attempt to make an offer. But, in the mean time, there is a significant acceptance by the wife, that she is actually included.

Ed
Ed the Roofer is offline   Reply With Quote
Old 06-15-2008, 08:39 PM   #9
nap
You talking to me?
 
nap's Avatar
 
Join Date: Dec 2007
Location: sw mi
Posts: 5,407
Default

What did my wife sign ??


wow. a year and a half?

I think I would be kicking my attorney for not putting a stop to the endless motions. After a point, the courts should consider a motion on your behalf to stop the crap and get it into court. Not being an attorney I can't tell you specifically what motion to file but it is obviously a delaying tactic. It's even strange this has gone on so long without some action more than what it has been. Most suits allow a time to respond to an initial suit and if you do not include all possible defenses at that point...too bad so sad lets get on with the action.

best of luck to you on this.


curious though; why are you receiving an interrogatory? It would seem that if she is contesting inclusion, it would not be based on information that would require discovery on her part. It would be simply " defendent B should be excluded from the suit on the grounds of yada yada" It does not seem it would require an interrogatory to you to seek info from you. As well, it would seem by the 1 1/2 year point, there shouldn;t be much else that can be discovered.

but, as I said, good luck and I hope you prevail. It sounds like it was an intentional attempt to defraud you.
nap is offline   Reply With Quote
Old 06-16-2008, 09:37 AM   #10
Member
 
Join Date: Jan 2007
Posts: 2,384
Default

What did my wife sign ??


Basically, the extent of the questionnaire is to have me offer my proof about my dealings with her through the proposal decision making process and the actual contract itself being done. I have to prove that she was involved in knowingly allowing the contract to be performed.

Her sworn affidavit stated that she had no idea about the contract or any subsequent work. I even have video tape with her on it during the course of the job, so she has caught herself in a big lie.

Yes, they intended to not pay, except for the deposit. I provided them a 7 day notice to correct the breach of contract in regards to payment terms before I had to pull off of the job.

Courts take a long time and if a party wishes to create delays, it is very easy to do.

Ed
Ed the Roofer is offline   Reply With Quote
Old 06-16-2008, 09:51 AM   #11
nap
You talking to me?
 
nap's Avatar
 
Join Date: Dec 2007
Location: sw mi
Posts: 5,407
Default

What did my wife sign ??


Quote:
Originally Posted by Ed the Roofer View Post
Basically, the extent of the questionnaire is to have me offer my proof about my dealings with her through the proposal decision making process and the actual contract itself being done. I have to prove that she was involved in knowingly allowing the contract to be performed.

Her sworn affidavit stated that she had no idea about the contract or any subsequent work. I even have video tape with her on it during the course of the job, so she has caught herself in a big lie.

Yes, they intended to not pay, except for the deposit. I provided them a 7 day notice to correct the breach of contract in regards to payment terms before I had to pull off of the job.

Courts take a long time and if a party wishes to create delays, it is very easy to do.

Ed
it just seems that all of this would have been dealt with long ago, escpecially this specific info for the interrogatory.


as to courts taking a long time: if an attorney is, well, not to be condemning, not good, things can take a lot longer than they should, or could, if the attorney aggressively contested the delays. You case has taken way too long with apparently too may opportunities left open for them to exploit.

this should be a fairly simple breach of contract action and no way should the wife have been able to draw this out this long. I don;t know what court you are in but typically, you do not get multiple opportunities to file defenses to a claim. If they are not raised in the initital response, a court can refuse to hear the defense. I think your attorney is simply not aggressive enough and allowing too many motions for new defenses. Courts have rules that intentionally limit such actions.
nap is offline   Reply With Quote
Old 06-16-2008, 12:53 PM   #12
Electric Radiant Heating
 
warmsmeallup's Avatar
 
Join Date: Apr 2008
Posts: 205
Default

What did my wife sign ??


Quote:
Originally Posted by Ed the Roofer View Post
Yes, there is grey areas in the law, but it costs a lot of money for a company to prove that both parties authorized the work.
ED:
Does this now mean that all your contracts now have both husband and wife as signator?

Russ
__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
warmsmeallup is offline   Reply With Quote
Old 06-20-2008, 10:50 PM   #13
Newbie
 
Join Date: Jun 2008
Posts: 4
Default

What did my wife sign ??


Thanks for all the info, just for an update, it was for exclusive work and all the money, very dissapointed someone we know would not mention anything and basically take advantage of a situation like this but the adjuster came through a few days ago and said no damage was done so thats that
jrmint is offline   Reply With Quote
Old 06-20-2008, 10:59 PM   #14
nap
You talking to me?
 
nap's Avatar
 
Join Date: Dec 2007
Location: sw mi
Posts: 5,407
Default

What did my wife sign ??


Quote:
Originally Posted by jrmint View Post
Thanks for all the info, just for an update, it was for exclusive work and all the money, very dissapointed someone we know would not mention anything and basically take advantage of a situation like this but the adjuster came through a few days ago and said no damage was done so thats that
I guess that would be bittersweet news.


Hopefully you took the wife out for a nice dinner before telling her to never do this again or anything like it.

I'm betting the wifes friend isn't getting that nice expensive bottle of wine this Christmas.
nap is offline   Reply With Quote
Old 06-20-2008, 11:12 PM   #15
Newbie
 
Join Date: Jun 2008
Posts: 4
Default

What did my wife sign ??


Quote:
Originally Posted by nap View Post
I guess that would be bittersweet news.


Hopefully you took the wife out for a nice dinner before telling her to never do this again or anything like it.

I'm betting the wifes friend isn't getting that nice expensive bottle of wine this Christmas.
This was a great lesson on many levels, you like to think you can trust people you know but when money gets involved people can get funny. A good reminder to never sign anything without knowing what it is.
jrmint is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Need help with heat/cool unit before wife kills me buddyc1 HVAC 4 06-06-2007 11:15 PM
Just for Grins housedocs Off Topic 1 08-05-2005 06:37 PM




Top of Page | View New Posts

Copyright © 2003-2014 Escalate Media. All Rights Reserved.