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Deductibles

  1. Do I need to pay my deductible?  Yes.  Verify Your Roofer recognizes that there are companies out there that might attempt to pay this for you.  Here is the problem.  It’s insurance fraud.  Here is why:  If your claim is $14,000 and you have a $1000 deductible.  Your contractor “pays” for it.  He has to submit the bill at the end of the job for $14,000 even though he only collected $13,000.  You and your contractor can be prosecuted for defrauding the insurance company. 

    Here is how one of the state’s law is written.
    BUSINESS & COMMERCE CODE

    CHAPTER 27. FRAUD 

    § 27.02. CERTAIN INSURANCE CLAIMS FOR EXCESSIVE CHARGES.
    (a) A person who sells goods or services commits an offense if: 
    (1) the person advertises or promises to provide the good or service and to pay: 
    (A) all or part of any applicable insurance deductible; or (B) a rebate in an amount equal to all or part of 
    any applicable insurance deductible; 
    (2) the good or service is paid for by the consumer from proceeds of a property or casualty insurance policy; and 
    (3) the person knowingly charges an amount for the good or service that exceeds the usual and customary charge by the person for the good or service by an amount equal to or greater than all or part of the applicable insurance deductible paid by the person to an insurer on behalf of an insured or remitted to an insured by the person as a rebate.
    (b) A person who is insured under a property or casualty insurance policy commits an offense if the person: 
    (1) submits a claim under the policy based on charges that are in violation of Subsection (a) of this section; or 
    (2) knowingly allows a claim in violation of Subsection (a) of this section to be submitted, unless the person promptly notifies the insurer of the excessive charges. 
    (c) An offense under this section is a Class A misdemeanor. 

    Added by Acts 1989, 71st Leg., ch. 898, § 1, eff. Sept. 1, 1989. 

    PENAL CODE CHAPTER 35. INSURANCE FRAUD 

    § 35.02. INSURANCE FRAUD. (a) A person commits an offense if, with intent to defraud or deceive an insurer, the person, in support of a claim for payment under an insurance policy: 
    (1) prepares or causes to be prepared a statement that: 
    (A) the person knows contains false or misleading material information; and 
    (B) is presented to an insurer; or 
    (2) presents or causes to be presented to an insurer a statement that the person knows contains false or misleading material information. 
    (a-1) A person commits an offense if the person, with intent to defraud or deceive an insurer and in support of an application for an insurance policy: 
    (1) prepares or causes to be prepared a statement that: 
    (A) the person knows contains false or misleading material information; and 
    (B) is presented to an insurer; or 
    (2) presents or causes to be presented to an insurer a statement that the person knows contains false or misleading material information. 
    (b) A person commits an offense if, with intent to defraud or deceive an insurer, the person solicits, offers, pays, or receives a benefit in connection with the furnishing of goods or services for which a claim for payment is submitted under an insurance policy. 
    (c) An offense under Subsection (a) or (b) is: 
    (1) a Class C misdemeanor if the value of the claim is less than $50; 
    (2) a Class B misdemeanor if the value of the claim is $50 or more but less than $500; 
    (3) a Class A misdemeanor if the value of the claim is $500 or more but less than $1,500; 
    (4) a state jail felony if the value of the claim is $1,500 or more but less than $20,000; 
    (5) a felony of the third degree if the value of the claim is $20,000 or more but less than $100,000; 
    (6) a felony of the second degree if the value of the claim is $100,000 or more but less than $200,000; or 
    (7) a felony of the first degree if: 
    (A) the value of the claim is $200,000 or more; or 
    (B) an act committed in connection with the commission of the offense places a person at risk of death or serious bodily injury. 
    (d) An offense under Subsection (a-1) is a state jail felony. 
    (e) The court shall order a defendant convicted of an offense under this section to pay restitution, including court costs and attorney's fees, to an affected insurer. 
    (f) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. 
    (g) For purposes of this section, if the actor proves by a preponderance of the evidence that a portion of the claim for payment under an insurance policy resulted from a valid loss, 
    injury, expense, or service covered by the policy, the value of the claim is equal to the difference between the total claim amount and the amount of the valid portion of the claim. 
    (h) If it is shown on the trial of an offense under this section that the actor submitted a bill for goods or services in support of a claim for payment under an insurance policy to the 
    insurer issuing the policy, a rebuttable presumption exists that the actor caused the claim for payment to be prepared or presented. 

    Added by Acts 1995, 74th Leg., ch. 621, § 1, eff. Sept. 1, 1995. 
    Amended by Acts 2003, 78th Leg., ch. 605, § 1, eff. Sept. 1, 2003. 

    Amended by: 
    Acts 2005, 79th Leg., Ch. 1162, § 4, eff. September 1, 2005. 

    § 35.03. AGGREGATION AND MULTIPLE OFFENSES. (a) When separate claims in violation of this chapter are communicated to an insurer or group of insurers pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the claims aggregated in determining the classification of the offense. If claims are aggregated under this subsection, Subsection (b) shall not apply. 
    (b) When three or more separate claims in violation of this chapter are communicated to an insurer or group of insurers pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the classification of the offense shall be one category higher than the most serious single offense proven from the separate claims, except that if the most serious offense is a felony of the first degree, the offense is a felony of the first degree. This subsection shall not be applied if claims are aggregated under Subsection (a). 

    Added by Acts 1995, 74th Leg., ch. 621, § 1, eff. Sept. 1, 1995

Insurance FAQ

  1. If a worker falls on my property and the company I hired does not have insurance, who pays?  Unfortunately, it’s generally a trickle down effect.  Generally if they don’t have insurance, the next one in line is YOU!!   Insurance in this industry is NOT cheap.   That is why so many try to avoid paying it. 
  2. The roofing company put my roof on wrong and they won’t come back to fix it.  Will their insurance pay for it?  In short no.  Their general liability insurance is there if their roofers set the structure on fire while doing a hot application or if they get caught in the middle of a rain storm and the interior floods (some won’t even cover that).  If their roof leaks and creates interior damage, the insurance company of the contractor will assess what caused the damage and make a determination on whether or not to pay.   This can be a long process.  If it is $10,000 or less of damage most contractors will try to fix on their own without involving the insurance company.  If they make a claim on their insurance it makes it difficult or nearly impossible to get insurance and at the very least very expensive to renew.
  3. Are all insurance policies created equal?  Absolutely not!!  Insurance is given ratings.  You may have had a sales pitch on life insurance before.  They will tell you it’s rated A or in some cases B and so on.  If rated below an “A”.  Here is what can happen.  It’s a contractor insurance where the premiums go into a pool (there could be thousands of contractors) and claims will be paid out on those premiums.  In many cases at the end of the term there isn’t any money left to provide payment on a claim.  This can be found in the fine print of their policy.  As we have said many times, insurance to roofing contractors is not cheap.  Most call around for quotes and don’t understand the importance of understanding their policy.  It’s also on some agents as they don’t explain the policy either.  Many would spend more money if they knew what they were getting.  The policies are generally some strange insurance company you have never heard of because it’s really just a company put together to handle those couple thousand companies who are involved in the “pool”.   This will NOT be reviewed by us.  We only check to see if the contractor has and keeps insurance.   We are added as an additional insured.  If the contractor ever lapses we are sent a letter, letting us know.
  4. I got a bid for doing my roof, there were some other items that were not noticed during the bid.  Now the contractor wants more money.  What should I do?--- What does the contract say?   What if they found another layer of shingles that they were not aware of or found deteriorating or spaced decking?  If it is insurance work.  Many policies allow for the removal of additional layers and installation of plywood/OSB due to spaced sheathing.  Check with your agent.  Ask if you have code endorsements on your policy.   Deteriorated decking will NEVER be paid for.  If this was a bid job and no insurance work.  There should be something on the contract that says how much a sheet or square foot for decking.   There should be a place on the contract that says how many layers should be removed.  This should be a number.  If it says “all” or “to deck”, then you shouldn’t be responsible for the additional fees.   If you run into a contract where they put how many squares of shingles they are going to charge you for.  Make sure you do not sign one of these contracts.  You shouldn’t have to pay for the contractor’s failure to measure your roof properly.  You also shouldn’t have to pay for code items that are not accounted for (unless you sign a contract stating so).  Your contractor should know or at least research the codes in the area before giving you a bid.  Hidden items such as bad decking and additional layers of shingles are understandable items that are unforeseen and generally the homeowner’s responsibility to pay for those items.  Items that were obviously there before the bid and not included generally are the contractor’s responsibility.  
  5. Will my rate goes up if I file a claim?  Rates are always climbing.  It’s generally not figured on single claims but rather the amount of claims in your area. 

 

Preferred Contractors for Manufactures FAQ

  1. What does it take to get preferred status with a manufacture?  It really depends on the manufacture.  Certain status’ of GAF and Owens Corning charge contractors to be on their list and really have no testing for them to be “preferred”.   Certainteed actually has testing for their contractors….and it’s free to them.  Other manufactures are just plain free with no testing.  VYR certainly does NOT say that any of these contractors are good or bad, we are just saying that having preferred status might not mean as much as you might think.  For instance, how hard is it for you to become a preferred customer at a grocery store?    You just fill out some information, right?  Well that is all this really is.   At the very least Certainteed means something as the contractor representatives really do have to complete some testing materials.

Preparing for the roofing work

  1. Do I need to do anything before they start the job?  Yes, here is a list of things that you should take care of before they come.
    1. Take breakable items off the wall.  This includes picture frames and items on shelving and in display cases. 
    2. Remove your car from the garage or driveway if you plan to use it that day.  Do not expect the crew to remove their dumpster or vehicle each time you want to get into the garage. 
    3. There will be debris falling in your attic.  This is normal and a total mess.  If you don’t like the sound of this.  Put tarps down everywhere.  Roofs with planked decking will have a LOT more debris than roofs that have solid sheathing (plywood). 
    4. Painting the house.  If you plan do this soon, we recommend that the paint is done first as the painters will walk all over your new shingles.  Possible get paint on it etc.  It’s a lot cheaper to touch up paint than it is to “touch up” shingles.  On shingles you would need to replace each tab that was damaged.  When hot it is very easy to damage them.
    5. If you have a fence.  Unlock a side gate so they crew can get in the back to clean up.
    6. For nervous pets, it may be good to have a different place to put them during the process.  There are a lot of unfamiliar faces and lots of noise.   With the gate being unlocked there will be less of a chance to lose that favorite pet also.
    7. Do not run your air conditioners that day.  Many times those are covered so debris is not put in them.   A tarp can make the unit overheat if ran.
  2. Do I need to be home for the job?  No, actually it’s better if you are not.  It’s loud and it’s fairly messy.  The main thing if you are home.  Do not micro manage the project.  This is what you paid the contractor for.  When you get involved with the job to deeply, it generally takes longer for the job to be completed which leaves the roof exposed to the elements for a longer period of time.   That doesn’t mean when you see something that shouldn’t be happening going on that should not inquire about it. 

 

Issues on the job

  1. The Contractor has left trash everywhere, I am so upset.  Is it during the job?  If so, it’s a construction project.   This is very normal.  Is it after the job?  If so, has the project manager walked the premises and given it a thumbs up?  If not, allow him to review the final clean up.  Many times, they will take the time to do the final clean up.  Clean up is a very important part of the job, we are NOT dismissing it, but don’t make it the end of the world.  It can be fixed very easily. 
  2. The city/state/county failed the inspection, am I getting a bad job?  Absolutely Not.   The city, state or county made an inspection and asked your contractor to do a fix.  Many times this is just a minor issue, such as adding flashing or wanting sealant on some nails.  Caulking in the valleys.   It can get a little more major.  For instance between a 2 and 4/12 pitch on an asphalt roof, you will need double felt.  If your contractor failed to do this, it would mean you would have to tear off the entire roof!  That is pretty bad.  Yes, it may cause some inconveniences to you, but it will cause many more inconveniences to your contractor.  The contractor generally wants to do the best job they can so they don’t have to come back.  It costs them money to come back.   Let them come back and take care of it.  It doesn’t make your roof less of a roof or them less of a contractor.
  3. Crew is whistling at girls walking by, drinking on the job or participating in illegal activity--- Yes, this is an issue and it should be reported immediately to the contractor.  Most contractors will let the crew go if this is found on any job.  If the job needs to be finished, ask for a different crew or people to come to finish the job.  There isn’t any excuse for it.
  4. The crew doesn’t speak English-----There should be an English speaking person on the jobsite at all times.  Many times we have found that the people on the crew do speak English BUT one issue is that the customer doesn’t understand the accent.   Really, the questions should be posed to your Project Manager or sales person you are working with.  They can communicate what you are trying to say to the crew. 
  5. They haven’t showed up yet, what should I do?  Contact your project manager or salesmen immediately.  They should be able to give you an update. Many times, they have to go dump their trucks before they come to the home as they finished a job the day before.  They could be finishing the job from the day before or pick up supplies.
  6. The crew that is doing my roof is not wearing fall protection…it’s scaring me.  What should I do?  First, it should scare you.  You don’t want to have somebody fall off your roof.  Call your salesperson or the company’s office right away.  OSHA requires roofers to wear fall protection.  It can make the job slow a little and that is why they don’t like using them.  Regardless, it’s the law and you should require it on your house.