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I want out of the aob. Didn't get invoice or read the back of aob

The insurance company refused to pay the claim now the roofing co. is suing. I signed the aob 30 days ago and have no clue what they are charging my insurance company. No invoice of what the costs are...nothing. I have a bad feeling. When I call to ask what is happening they seem iritated The guy said to me if the work isn't done within 6 months he who pay for it himself. I am really scared. I am elderly and disabled and can't afford a lieu against my home.

2 replies

Jan 23, 2020

If the AOB doesn't include a commencement date, and if the 3rd party hasn't begun substantial work on the property, then an owner can usually rescind the contract. Further, if the contractor hasn't substantially performed and at least 30 days have passed since the scheduled commencement date, then an owner will also have the ability to rescind the agreement. Regarding mechanics lien rights and fighting a lien claim - keep in mind that a contractor can only file a mechanics lien to the extent that they've performed work and gone unpaid for that work. So, if the project is in its very early stages, the threat of a mechanics lien claim shouldn't be all that scary. Even if a valid and enforceable mechanics lien were filed - that lien would likely only represent a small amount since little work has (presumably) been performed. What's more, it appears that under Florida's new AOB requirements, claimants won't necessarily be entitled to pursue a mechanics lien for the insurer's failure to pay. Though, admittedly, this requirement hasn't yet been tested by the courts.

Additional help with trouble on an AOB project

This site from the Florida Chief Financial Officer breaks down consumer protections for AOB projects: Assignment of Benefits (AOB) | Consumer Protections. Further, a Florida construction or insurance attorney would likely have a lot better insight into how, exactly, owners are protected when problems erupt on an AOB project. And, Florida has legal aid services for the elderly and disabled which might be able to curb the potential legal expenses of consulting with an attorney. Below are some organizations that might help. - Florida Senior Legal Services - Florida Alliance for the Aging | Legal Services - Florida Disability Resources and Advocacy Organizations

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Jan 24, 2020

You definitely should consult an attorney about this. Florida just passed a new AOB stature and you may be able to get it out of it for noncompliance with that statute.

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