Consumption and Real Estate
How do I recover damages from a contractor who is licensed but not insured? ?
Question : How do I recover damages from a contractor who is licensed but not insured? ?
A roofing contractor allowed water to leak into my house. My insurance company is covering the damage caused by his negligence, but I’d like to recover other costs that insurance won’t cover, such as loss of rental income, a refund for the work he didn’t do (as well as for the “work” he did do) and mold remediation. The contractor’s license was active at the time but he’s not giving me the name of his insurance company. I’m assuming he doesn’t have insurance. If he doesn’t, considering he did this through an LLC, is it possible to recover damages through him personally, not necessarily through his LLC? He’s probably hidden his LLC assets, but if I win a judgment against him would it be possible to go after the equity in his house to force payment? Despite reading many stories like mine in which a contractor gets away with stuff like this, I’m having a hard time accepting that he can just do this and walk away. I do have a lawyer, but I’m also doing my own research. Thanks!
Addendum: He does have a $ 1 million bond, but I’ve been told I can’t use that to recover damages.
mold remediation contractor
Best answer:
Answer by Bub
I would say if you sue him personally and / or his company he will come through for you. He either has liability insurance or insurance on his work. If not, anything that is in his company name will be fair game? Just a guess.
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#2 written by Bestbuy 1 year ago
You are looking for financial retribution for things you haven’t even had done. You have manufactured a list of things such as rental income, remediation of mold, and performance or lack there of. It sounds to me like you made and received a claim from your insurance company but it wasn’t satisfactory. You are a victim of a dishonest contractor but is asking for and trying to exact revenge going to make it all better? You seem to be overstating your losses and you have had some losses. I think you need to cut your losses and move on. You hired this guy because he was cheap and now, cheap has gotten you screwed. I see this everyday in my line of work. I am a high priced contractor that gets the job done and sleeps pretty good at night. Any of my clients can reach me by phone every day. Cheap doesnt operate this way.
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Did he pull permits for the job? If he did, call the inspector and file a complaint against the contractor. If he didn’t pull permits, you can’t call the inspector, because you are ultimately responsible to make sure there are permits.
If he is an LLC, you can’t sue him personally. The whole purpose of an LLC or corporation is to protect personal assets from business related claims.