Menu
Home>Levelset Community>Legal Help>affirmative obligation

affirmative obligation

FloridaConstruction Contract

what if any is the affirmative obligation of a roofer that has voluntarily secured insurance rights on a policy holder's claim? proposal contract signed and direct pay signed oct 2019 roofer was never seen again, no permits,noc, materials,labor and refuses to provide release but made multiple request that a AOB & POA is signed can this be a situation of theft ?

3 replies

Nov 27, 2021

Unfortunately, roofing company assignment of benefits scams abound in Florida. You will likely have to have an attorney review the paperwork and assist with taking steps to extract you from this unsavory situation. Consider contacting your local Legal Aid organization to see if they can assist.   

You can certainly report this suspected scam to law enforcement, but sadly their response may be that it is a civil matter. A consumer complaint can also be made to the Florida Attorney General's office.

1 person found this helpful
Helpful
Nov 27, 2021
Yes that’s exactly what they said but it’s a civil matter There is no civil aid for this kind of matter Atty general is already investigating But doesn’t take personal cases I am looking for the answer to the contractors affirmative obligation how is voluntarily taking, isolating and withholding ,somebody’s insurance benefit any different than taking a payment and not performing any work? Where can I find a list of contractors affirmative obligations ? Ty for your previous answer
0
Report Spam
Nov 27, 2021

The Florida Bar's Construction Law Committee has recently started a Pro Bono subcomittee that is actively working on assisting with consumer related construction matters through the auspices of local Legal Aid organizations. Some local organizations are more active than others and this should be considered a consumer protection issue for Legal Aid's intake purposes.   

Unfortunately, there is a whole chapter of the Florida statutes, Chapter 489, as well as many subparts of others, that regulates the conduct of contractors. There are many generally informative articles on construction law to be found on here on Levelset, but I suspect you will need to consult with experienced construction law counsel to get the advice you need. I wish you luck.

1 person found this helpful
Helpful