Sir- We had big tornado in Naperville IL area last summer (summer of 2021). Lot of houses around us were damaged. Many storm chasers were knocking at our door. A particular company Home Pro Restoration sales agent knocked as well. I verbally negotiated and said I won't pay any additional payment from out of pocket- whatever is covered by the insurance company is what Home Pro will get, I also mentioned that I'll pick home pro over other only if Skylights will be part of the replacement cost. The company went through 2 re inspection process and managed to get $21,900 (in estimate) from our insurance (All State) and in addition charged us $2,320 for skylights. We verbally disputed the added charge of $2,320 and tried to converse and mention that this was never agreed upon in writing. We signed the first dispatched check of $15K but did NOT endorse the second and third dispatched check of approximately $1,700 and approximately $4,000 and asked the Home Pro guys that we'll endorse if you take out the $2,320 charge. The Home Pro sent us a letter from their attorney asking to endorse the remainder checks (which we have all intention of doing) and pay out of pocket $2,320 (which we don't think we are liable to pay). I called their attorney office once and the conversation was good but then I got the call back within an hour from the same attorney and he was extremely abusive in his tone on my regular conversation and he threatened to do lawsuit on me and put an immediate lien on my property. I would like to stop the lien against my property without paying the out of pocket expense. Could you please advice? Thanks a lot for your guidance.
You seek to defend a pending Mechanics Lien and legal claim. Based on your question, it is not clear that any work was done.
The Illinois Mechanics Lien Act entitles contractors to compensation for work performed and materials supplied. If no work was done, the Contractor cannot seek a Mechanics Lien, but may sue in Small Claims Court for breach of contract damages.
The typical "storm chaser" contract states the contractor is entitled to all monies paid by the insurance company. Your refusal to sign over checks sent by the insurer to be used to pay the contractor can be construed as a breach of contract.
I recommend that you seccure Counsel in order to defend you in this case, should the need arise. I hope this information has been helpful. Best of luck.
I would need to speak with you. Did you ever sign anything with this company?