Scammed by restoration company

[Billu Lal]

I live in Katy, texas. We had a leak under the kitchen sink and i raised an insurance claim. I called a restoration company to mitigate and they had me a sign a contract which sounds like assignment of benefits  AOB ( which says I forego my right to have my name or my mortage company name on the insurance check and insurance company should issue the check in name of the restoration company). The restoration company has only taken out baseboards and toe kicks and provided dehumidifiers and fans for 2 days and send the insurance company an invoice of 4k! Meanwhile the insurance company has sent me a check of 10k in mine and wife’s name along with name of my mortgage company. I need advice on how to get out of the contract from restoration company? They keep trying to call and text me but I have not been receiving their calls or replying to their texts. Thanks 🙏 

[James Hamling]

Quote from @Billu Lal:

Quote from @Jim K.:

@Billu Lal

YOU called them. YOU approved them to work on your house. You had every opportunity to research their licensure and BBB accreditation before you did these things. You call the fact that you didn't do any of that "a brain fade moment." You're in the adult world now, Billu. You don't get takebacks and lifelines and mulligans when you screw the pooch.

You have no idea what their idea of full mitigation is, as you are not taking phone calls from them. You therefore have no idea how they're going to finish the job, if they plan on repairing your drywall, or pretty much anything regarding their work. You're obviously far more focused on the $10K in your pocket and not paying them anything for their expertise and knowledge.

It does seem you feel that the job was easier than you anticipated. Perhaps you now feel you could have done it with confidence that it would work? Well, why didn't you?

I am not in the least offended by symbols of faith or prayer. Cheap childish grifters looking for cheap little childish schemes to get out of paying contractors what they owe, well, that's another story.

 I do not know why you sound so angry. I am not pocketing 10k at all. That check is in the joint name of the mortgage company and they will not encash it until they see proof of work done, receipts and contract copy. The restoration company never offered to repair the drywall or even do any other work. There are ways to get in touch like leaving voice mail / email/ texts where they could have mentioned that they want to complete the mitigation. They only keep asking about the 10k check and they want that money to be handed to them based on assignment of benefits contract. Thanks for your comments. 

I am willing to bet it's more annoyance Jim is conveying. Because you posted this thread with the headline: "Scammed by restoration company".     And in your post detail that you: 

1. had a water damage situation

2. entered contract with vendor

3. vendor started work

4. you got a check from insurance company

5. You intently "ghosted" contractor. Won't take there calls, won't communicate with them, and as stated here have broken your contract. 

6. Are seeking ways on an online forum on how to completely sever that contract after the fact. 

What changed? You got $ from insurance company. That's it, it's not that you threw them off jobsite for incompetence, didn't cite any way they broke contract, no just that you got the $. Your intentions are obvious. 

It doesn't matter how much they smell, if they wear white after labor day, what so-and-so posted, all these things you detail have been excuses, and any court will probably give you a smack-down saying the exact same, there excuses and not pertinent to your contract and breach of contract. 

You may notice there probably isn't a "backsies" term in your contract or law in your local. People are legally allowed to make dumb purchases. And yes, it sounds like you made a dumb purchase, without doubt, but that doesn't give a legal right to deny payment and breach contract. 

And this whole post, it could be considered slander, because you have not given a single detail of there "scamming" you. Thankfully for yourself you didn't call them out by name so one smart move there, but regardless, where is the scam? 

Only scam I see is yours. Grow a pair and talk to them, it's a cowardly act to hide from a phone conversation of all things, and shows your own judgement of your own actions, to hide from communications as you are.     Your scamming them at this point.