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Mitagation Co threatened mechanic lien

Discussion in 'Consumer Law, Contracts, Warranties' started by susie lawson, Aug 13, 2021.

  1. susie lawson

    susie lawson Law Topic Starter New Member

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    Jurisdiction:
    Texas
    During the TExas storm,m house suffered damages-attic pipes leaked and ruined my garage drywalls.
    I hired a mitagation co to work on my garage,removing drywalls,cleanse the air,reintall new drywalls.
    I signed a contract which just said emergency burst pipes and agreed to pay whatever the billing amount is,it will bill my insurance co,and if not enough,I pay the difference.
    But my copy of the contract was not sign by the rep,just me.
    It removed my dirty drywalls ,hauled them away,left me 2 fans and aircleaners and instructed me to leave it on for 48 hours to cleanse whatever filth is in the air (attic and garage).When I found out they will be billing me $499/day per cleaner for the two old dirty aircleaners ,I asked them to remove them after 2 days,there is not much dirt in my attic and garage to pick up.
    The guy came to pick up the fans and cleaners and at the same time,sprayed into my garage to treat whatever ?
    Then it billed my insurance co for $7k ,uploading photos and invoice,back and forth,it dragged on as my insurance co claimed they did not receive any files,but finally,my insurer cut me a check of $4k,saying it does not deal with contractor,it deals with the insured party,so here is the check and case closed.
    I have the money $4k and never receive any invoice from the company,so it just sat in my bank account.
    It never contact me to continue working on my garage -install new drywall.
    When they knocked out the old drywall,it weakened the support of the garage door opener ,as time goes on,it gets weaker ,so I paid another company to fix the garage door opener,it cost me $1k which I paid out of my own pocket.
    I also hired another company to install and paint new drywall,as this mitagation co said they would not continue working on my garage until they are paid for what they have done.
    Now they hired a lawyer and threaten to slap a lien on my house if I dont pay them $7k.
    I talked to their lawyer,he said he will contact my insurance co and get back to me.
    My question is-
    my copy of the contract is not signed by the rep of the company,what does it mean?
    is the amount negotiable?I spent 1K on the garage door opener which we agree should be taken from the $7k.so now I owe them $6k.
    But my insurance co only gave me $4k,as it does not believe some of the tasks are warranted and some are excessive,eg the $499/day machine rental.
    so how should I proceed?
    I am willing to turn over the insurance amount of $3k ($4k minus $1k for the garage door opener repair.
    thank you for any help
    sue
     
  2. Zigner

    Zigner Well-Known Member

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    I'm sorry, but yours is not a legal issue. You should negotiate a mutually agreeable settlement with them.
     
  3. susie lawson

    susie lawson Law Topic Starter New Member

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    why not,it hired a lawyer,?????????
     
  4. Zigner

    Zigner Well-Known Member

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    At this point, you need to negotiate a mutually agreeable settlement.
     
  5. Zigner

    Zigner Well-Known Member

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    It means that your copy of the contract isn't signed. If you are asking if it affects the validity of the contract, then the answer is no.

    Everything is negotiable.

    You got lucky. Improper installation of your garage door opener isn't really their fault.

    Negotiate - offer to split the difference maybe?

    That means you're really not negotiating, are you?

    You're welcome.
     
  6. susie lawson

    susie lawson Law Topic Starter New Member

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    you mean I should call its lawyer and offer to pay$xxxx?
    Its lawyer is rather friendly,how much should I offer?
    I am thinking turning over whatever the insurance co gave me less the garage door repair which would be $3k plus,would that be a good start?
     
  7. Zigner

    Zigner Well-Known Member

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    That's a start - but don't expect your first offer to be accepted. I can't tell you how much to offer because you are the only one in this conversation who has all the facts. I suspect that you'll end up settling for somewhere between $4,000 and $6,000.
     
    susie lawson likes this.
  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    The contractor was smart enough to hire a lawyer. I hope you are as smart as the contractor.
     
  9. susie lawson

    susie lawson Law Topic Starter New Member

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    contractor is a scammer,my insurance co knows,(STATEFARM),it is a business so they always have lawyer to help them,during the storm,many price gourging going on,as we cant find plumbers,handymen etc,but I think the lady suggested negotiation,which is what I would do,instead of hiring a lawyer,
    also contract is not signed by the company rep,how would that stand in court?
     
  10. Zigner

    Zigner Well-Known Member

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    I'd bet that they can provide a copy that is signed by both parties...
     
  11. susie lawson

    susie lawson Law Topic Starter New Member

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    I am sure they can
    They have paid subcontractors to do work,they need money to continue,it is to their interest to collect what they can get and move on.
    its lawyer is calling statefarm,what good does it do?
     
  12. Zigner

    Zigner Well-Known Member

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    Because State Farm is probably lowballing them. They may negotiate a settlement with State Farm.
     
    gekko naw likes this.
  13. gekko naw

    gekko naw New Member

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    does not matter now.if company has proof it has done work and submitted to the insurance co
     
  14. gekko naw

    gekko naw New Member

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    good point,insurance companies always try,but I have never heard of renting aircleaner for $499 a day whether it is used or not,my family runs a tool rental company,
     
  15. gekko naw

    gekko naw New Member

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    You got lucky. Improper installation of your garage door opener isn't really their fault.
    ---------------------
    knocking down and ripping off all the drywall around the garage door opener and keep it operating could be the problem,in some cases,water leaking from the pipes could get into the opener?
    people sometimes do not realise a house can be a big liability !
     
  16. Zigner

    Zigner Well-Known Member

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    If it's done as a needed part of the mitigation then they wouldn't be liable for it as an additional cost. The OP mentioned nothing about water leaking in to it. Stay focused please.
     
  17. Zigner

    Zigner Well-Known Member

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    The OP is trying to find out if the lack of a signature on her copy can help her case if it goes to court.
     
  18. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    As far as you not having a copy of the contract that they signed, it won't help you a bit. They have one signed by you.

    If you are going up against a lawyer by yourself it is like taking a butter knife to a gun fight.
     
  19. gekko naw

    gekko naw New Member

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    the part which needs to be done is to remove the drywall,not to damage anything around it.
    if I come to your house to paint a room but I fail to cover all your furniture and your furniture ended up with paint all over,do you say this is fine,as you are here to paint not to keep an eye on the furniture
     
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  20. Zigner

    Zigner Well-Known Member

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    I don't disagree generally, but if the OP is going to make a reasonable offer (like splitting the difference at $5,500 total), then the attorney may be inclined to suggest that their client accept the offer.
     
    susie lawson likes this.

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