Warner, NH asked in Business Law, Construction Law and Contracts for New Hampshire

Q: Customer breached contract when calling my insurance for damages; Terms and conditions clearly state - not liable

Removing and replacing roof including the framing. No roof, just tarps, some water got in. It was expected in this type of job, hence the terms and conditions. Customer filed a claim with my insurance even though the Terms and Conditions she signed directly states that I'm not liable for any damages. She is now trying to have the company paying me hold funds until it gets resolved. I'm still working on the job and things seem to be ok for the moment. Just want to know the options of how best to move forward. Its just some drywall and insulation which I would've replace free of charge, but she hit the panic button.

1 Lawyer Answer
William J. Amann
PREMIUM
William J. Amann
Answered
  • Construction Law Lawyer
  • North Andover, MA
  • Licensed in New Hampshire

A: It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's positive. I'd send a letter addressing the pending insurance claims and her complaint to the General (the company paying you).

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