[NamesCody]

I have a friend who is having problems with a customer about putting a new roof on their house. The roof was damaged by hail so the insurance company sent the homeowner a check for the repairs, the homeowner signed a contract stating prior to construction all monies received by the insurance company need to be paid to [friends company].

The homeowner said that someone (another contractor) else told her that the only thing that needs to be done is have the damaged shingles replaced, when the insurance company sent an adjuster out to the house and approved the amount that was received.

My friend has tried to settle this outside of court anyway she can think of, offering the homeowner a rebate of some kind so the homeowner gets some money back (since that is the sole reason for the homeowner not paying, they want to keep it).

My friend has contacted her attorney and they said they sent out a letter that if they do not pay they will be sued, homeowner still refuses to pay, friend also said that her attorney said that its a guaranteed win if it goes to court for her, but I have heard otherwise from a pre-law student.

I just wanted to know if the attorney is right or the pre-law student is right and if there is any advice I can tell my friend to do.

[StealYourDreams]

I don't know how things work in your State, but here in CA if you don't pay a contractor they'll slap a lien on your house in a heartbeat.

[lupe123]

I don't know how to say it easier, if a service was performed, someone is paying. I would stick with the attorney. The homeowner will lose this one easily.

[TravelGuy]

My Dad used to own his own roofing business for 15+ years. I know he has been in situations like this before. The insurance adjuster says one thing, i.e. just replace the shingles lost and other misc. damages from hail. The contractor (roofer) gives price for the entire replace of the roof. If the customer agrees, with signed contract clearly stating the work that is intended to be preformed, your contractor friend will win that battle. However, in the long run, I know my Dad said most of the time, you end up loosing the war. Legal fees, lost wages, etc...end up costing more then what you get out of it.

PA - They will put lien on the home, depending the amount owed.

[jasaunders]

This is what small claims court is for.

[singram]

I agree just go to small claims court.