I was hired by the homeowner, to represent them on their property loss claim. After several weeks of fighting with their insurance company and getting them a reasonable claim, they broke our contract and either kept the money or hired someone else. My contract reads 20% upon cancellation. I just don’t know if I’ve waited too long
If you are not a public adjuster licensed by the state, you may be some trouble.
The legal analysis would start with a review of your contract, and then extend to any communications you had with the homeowner or insurer.
The statute of limitations for breach of contract is four years.
You may consider preparing a letter to mail by certified mail to the homeowner to set out the facts and to demand payment. Attach the contract and your invoice for payment.
If need be, consider filing suit in small claims court using your letter as evidence (assuming that your claim is less than $20,000).
Retain a construction attorney to evaluate your legal situation and to provide advice.
Good luck.
Hello,
You likely do not have lien rights. You are going to need to sue the person who broke the contract in County or District Court.
E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com