Attorney (Contract)

As more proof we have amazing people here, thank you so much for the replies/suggestions/PMs. I believe I have a way forward and got some advice that helped me make a decision.

---

Quote:

Originally Posted by MarkCO

Have you considered filing a claim against your homeowners insurance and then letting them go after the offending company, and or their insurance?

We did consider that and because the company fixed 90% of the damages and offered a long term warranty we didn't think a claim was appropriate (what would we claim?). The key was the warranty which they have since refused to honor for 2.5 years. At the time, when we made the deal to let them repair, we thought we would be taken care of.

---

Quote:

Originally Posted by Irving

That would probably be tough now that it is three years later, as the damag is likely already repaired.
I HATE it when companies try to hide their insurance carrier information.

I wonder if you could trick them into providing a certificate of insurance to a friend of yours, under the guise of having work done, just to find out the carrier.

Bingo!

The only thing that might save my bacon is that the warranty was dated July 1, 2013 (damage was mostly fixed in Aug 2013) and that appears to be what I need to go after. Since the original damage was mostly repaired, I am out any value of the warranty which was part of the deal. So it would appear I need to handle this as a contract issue and not a property damage issue.

The original funds paid to this company was substantial (for me).

---

Quote:

Originally Posted by foxtrot

(nothing in this thread constitutes legal advice)

They may not have insurance. That said (with help) as a last resort, if you do open a case, include john doe defendants that are the insurance company - obtain that information through discovery, then amend with their real information. Or possibly better yet, if a LOT of money is at stake, you can take a deposition prior to opening a case with the proper filed request. Obtain legal help and refer to the Colorado Rules of Civil Procedure. The best method will be to do what Irv suggested and covertly obtain the information. A lot of companies however cannot afford to be insured. If that is the case you may be SOL.

Most attorneys do not have any real civil experience but it is so competitive they will tell you anything to get you to pay them. Keep that in mind. Only 1 in 10 are worth their salt in an actual trial/court proceeding.

(This thread and this post does not constitute legal advice - only attorneys can provide legal advice - hire an attorney).

Great advice! I wish we had done that in 2013 and gone through the motions, so to speak. Now it appears I am limited to the contract/warranty violation and will have to manage what damage is left on my own.

If I can recover what was originally paid, I will feel better about this.

---

Quote:

Originally Posted by MarkCO

You are right Irving, that would be tough, but it might be worth a call to the agent to see what the thought is. I've had a few cases recently where the insurance carrier has hired me to evaluate damage the cause for claims where the damage occurred 18-30 months ago.

Almost makes me wish there was a requirement for companies to file a certificate of insurance, or that they do not have insurance, with the Secretary of State filings.

I hate regulation but I agree.