Your Legal Questions Answered
My insurance claim roof contract says: The property is the security on the contract. Does this mean the contractor can demand payment or put a lien on our home if the insurance company does not pay the full amount of the claim?
Based on the clause "The property is the security on the contract" in your insurance claim roof contract, you are ultimately responsible for the cost of the roof repair or replacement, regardless of whether the insurance company pays the full amount or not. This is a standard provision to ensure the contractor gets paid. If the insurance payout falls short, you would be liable for the remaining balance.
Furthermore, the contractor has the right to secure their payment by placing what's called a mechanic's lien on your property if you fail to pay. If you fail to pay the amount due, the contractor could go to court to enforce this lien, potentially leading to the sale of your property to satisfy the debt. To learn more about mechanic's liens, see our article Fight the Lien on Your Home
You could try to negotiate the contract and draft the provision in such a way that the roofer bears the risk if the insurance company does not pay. Likewise, if the insurance company does not pay, and they should have, you may have an action again the carrier. You can learn more about insurance companies acting in bad faith in our article What to Do When Insurance Denies Your Claim.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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