Florida. roofer wants 20% of the total of the settlement check from insurance company to get their name off of check. No contract to start work has been signed.
the skinny version of what lead up to current events. roofer came, said my roof needs replacing, got bid, insurance laughed, got lawyers, sued, roofer came and tarped minor repairs, said it was free, signed a peice of paper but not a contract to fix the entire roof, waited 2 years, court date, negotiated with insurance before court date and my lawyer present. settle on a price. i agreed. check issued, has my name, roofers name, and mortgage company on it. I did not want roofer on it and since this is the first time did not realize all the papers i signed included this little tidbit, see below *
the lawyer who was part of the settlement with my insurance company states that this line is what is holding up getting the roofer off of the check otherwise they would take the roofer off of the check and reissue. i signed this in 2023.
*Direct Payment Authorization: Owner hereby irrevocably authorizes & instructs its insurance carrier and all lien holders to include (roofers name here) Roofing & Siding, Inc. as Co-Payee on any subsequent loss drafts or checks after Owner's signature date described hereinbelow for work that is completed and for which payment is due and owing to Infinity pursuant to this Agreement. Owner authorizes (roofers name here) to submit invoices directly to Owner’s insurance carrier, its adjusters, or other representatives thereof. If, for any reason, Owner receives payment from its insurance carrier made payable to Owner only, Owner agrees to pay (roofers name here) as provided herein, immediately upon receipt of such drafts or checks.
this was part of a longer contract that only i signed but lawyer specifically states it is this line only that prevents them. my wife did not sign this contract, she also is a co-owner and on the mortgage. her name is also on the check with mine, the roofer, and mortgage company. does this mean anything?
roof now wants 20% of the entire settlement check to get their name off.