We do construction and roofing we are having problems getting paid by insurances not wanting to pay the overhead and profit. Are there any laws or requirements I am not aware of?
Hello,
It seems like there is more to this. Are you in the business of doing mitigation and you do work before getting insurance approval then you submit your invoices to the insurance company to get paid after the emergency mitigation is complete?
Remember that you are not in a contract with the insurance company. You are in a contract with the Owner. If you did the work under your contract and are not being paid the full amount, lien the property and sue the property owner. The property owner will need to respond to your lawsuit and may potentially sue their own insurance company so long as your full amount is within their policy limits and their contract contains a duty to mitigate clause.
This is all without knowing the specifics, that is.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
Insurance companies typically take the position that only general contractors are entitled overhead and profit on the work that the general contractors' subcontractors do. Insurance companies typically take the position that the cost of performing roofing work by a roofer should include overhead and profit within the numbers. So, either become a general contractor or include overhead and profit in your work scope items.
Retain a construction attorney to evaluate your situation and to provide advice.
Good luck.