Eric P. Feichthaler

Dear Mr. Feichthaler:

Like many homeowners in Cape Coral, I had significant damage from the hurricane. Immediately after the storm I signed a contract with a roofer that included an “assignment of benefits.” Since then, I have made claims for other damage on the property and have received less than half of the actual damages. In the meantime, the roofer won’t return my calls. I was thinking of hiring a public adjuster to assist, is this a good idea?

–Janine L.

Dear Janine:

The hurricane has impacted tens of thousands of homeowners in Cape Coral. After the storm, out-of-area contractors descended on our city, many times going door to door in an attempt to have victims sign contracts for various services, including roofing. Although Florida Statutes provides some protections from predatory contractors, it is not all-encompassing. Generally, an assignment of benefits can be cancelled by a consumer within 14 days of signing. In your case, it sounds more like 60 days, so the statute may not allow you to cancel. The contact language may provide you an “out” to the contract, and they may have breached the contract due to lack of work or other reasons. If you can reach the roofer and you wish to terminate the agreement, there is the possibility they will voluntarily do so. If not, you may need the services of an attorney to determine what grounds there are for release from the agreement.

The next issue is your interaction with your insurance company. The top question I receive from clients is whether hiring a public adjuster is a good idea. The role of the public adjuster is to manage your claim, confirm filing requirements are met, and will negotiate with the carrier in an attempt to maximize the benefits paid. A public adjuster is licensed by the State of Florida, and is paid a percentage (usually 10%) of the recovery they obtain on your behalf. If you read my column often, you know that I like to try to handle matters on my own when possible, and I advise clients to do the same when they are comfortable doing so. However, particularly when damage is extensive, where your policy is confusing and hard to understand, a public adjuster can be of assistance. Where you have already done the work in receiving insurance funds but the insurance carrier is nonresponsive or unreasonable low on their offer, an attorney may be the most cost effective way to proceed. Both public adjusters and attorneys can also take the stress away from constantly dealing with insurance companies.

This brings me to a final point on whether you should hire a public adjuster. You have noted you signed an Assignment of Benefits with the roofer. This situation could lead to your public adjuster actually obtaining more money for your roofer, while you pay for the service in getting that money for them. Due you the many aspects at issue, I would recommend seeking legal counsel before hiring anyone else, and possibly assisting you in terminating the original roofing agreement.

Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Museum of History, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.