Titusville, FL asked in Construction Law and Contracts for Florida

Q: Is a roofing contract valid if the roofing rep who signed the contract is no longer an employee of that company?

The contract was initiated 2 years ago and we finally got settlement through litigation from the insurance company. In the mean time the representative of the roofing company is no longer employed by them...we don't know if he ever had signing rights for the company. He tried to get us to use him for the roof replacement and when we questioned him he threatened to give the contract to his old employer. The paperwork was never given to the attorney or the roofing company so the award was granted to me and my wife. Are we obligated to that roofing company?

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1 Lawyer Answer
Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
  • Construction Law Lawyer
  • Saint Augustine, FL
  • Licensed in Florida

A: The factual scenario of this question suggests that the construction agreement in question was an "assignment of benefits" contract wherein you as the homeowner contracted with the roofing contractor and assigned insurance benefits to it. Florida law on AOB agreements was significantly revised in 2019 and has very strict requirements.

Without knowing what the litigation was about, the fact you and your wife were directly provided the proceeds, and not jointly with the roofing contractor, suggests there may have been an issue with the contract. Since you are being pressured by this salesman to take action that you are not comfortable with, it would be prudent to consult with an experienced construction attorney in your area to get advice specific to your situation before proceeding. An hour of attorney's time is a good investment against potential issues that could result from becoming further entangled further in an already complex and years long dispute about this work.

As a practical matter, it is prudent to obtain quotes from several roofing contractors before proceeding with the work and check that the contractor has a roofing license in your county or municipality and that any insurance cover is up to date. Your county or city's building department maintains licensing records and most are easily checked on line.

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