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Filed Lien, now what happens? How does a Notice to Foreclose come into play?

IndianaPayment Disputes

I am a Licensed GC, working an insurance claim. There were multiple trades on this project, Roofing, Siding, Gutters, Window Trim. The roofing portion was completed by my roofing crew, the homeowners are/were thrilled with the way that it turned out, and that I was also able to supplement for complete siding replacement and able to get this approved by Insurance. Roof Completed June of 2019, homeowner requested that I wait for him to have new windows installed. Time passed, no windows... months passed minimal communication regarding the continuation of the project. Homeowner, decided to act as the GC and have his siding installed and his gutters and downspouts installed. The job is now complete, and I have been shorted out of the work and from any and all supplementals. Homeowner no longer speaks to me, no returned calls, emails or texts. When I worked toward final collection, final invoicing of Homeowner (Insurance) for the services which I have been provided, Insurance/Homeowner have refused to discuss the final invoice and the final supplemental funds requested for missed and shorted items. Homeowner stated that he was hiring an attorney, and I said "Good, maybe the attorney will advise you to fulfill the contract agreements that you enter into. From my invoice, from June of 2019, Insurance has shorted the claim by $6K ... from my May 2021 Professionally handled Xactimate - Invoice & Work Completion Notice the shortage of the payment / claim is closer to $12K I had assumed 2 years from the date of discovery / approval of claim... however, Insurance states repairs are to be made within 2 years of the date of the loss. To which I stated, "OK, then, let us discuss the final estimate/final invoice which has not been paid from June of 2019." Adjuster said, we cannot discuss this further without the Homeowner's approval for us to discuss. Can I pursue this and should I pursue this? Or should I just chalk this up to another costly lesson / life-experience?

1 reply

Jun 25, 2021

Give my firm a call. There are a number of statutes at play here namely, the Home Improvement Contract Act, Statutory Home Improvement Warranty Act, as well as the lien statutes. I need some more context for dates and scope of work. Attorney Nick Podlaski Podlaski LLP. 260-782-1712

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