ComplaintsforTop Quality Roofing & Siding

• Initial Complaint

  06/29/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Never new or heard of "PUBLIC ADJUSTER CONTRACT" in the past. They came to my house and wanted to check my roof for storm related damage for free. I said YES.* Date of contract signed -- September 27 2022 * 15% of all sums settlement pursuant to the insurance contract, if I refuse to have the Roof replacement done by Top Quality *************** Top Quality Adjusters demanded that I must sign the check received from the ************* and surrender to them for the Roof work to resume. (Check was issued on my name, **************. and Top Quality ************** all parties will have to sign to cash the check)* I said to them that I will pay 50% upfront and the balance upon completion.* I refused to sign the Final contract since I found few contentious points * Top Quality Adjuster's owner said to me that unless the Insurance check signed and given to them, they will not replace my roof and he told me not to waste his time and get out of his office. *Inspite of my repeated request to accept 50% money upfront, he was rude, hostile and was very discourteous.

  

  Business response

  06/29/2023

  To whom it may concern,
  
  
  I am writing to provide an account of the interactions with ******* regarding the proposal and insurance scope discussed on May 25th, 2023 at 11 am. *******, accompanied by his wife and son, visited our office to review the proposal for the insurance-covered work on his home. During the meeting, we explained that a $1,300.00 deductible and a Non-Recoverable Depreciation of $3,375.24 were applicable to his claim. Consequently, his out-of-pocket expenses for the roof replacement and gutter installation amounted to $4,675.24. Additionally, ******* requested pricing details for upgraded Landmark Pro shingles and an extended shingle warranty, which would incur an additional cost of $1,380.00.
  
  
  Following the proposal discussion, disagreements arose when ******* and his son expressed reluctance to pay the $4,675.24, citing a previous roofing company that waived their deductible. We emphasized that failure to pay the deductible and Non-Recoverable Depreciation would prevent us from proceeding with the project and would constitute insurance fraud.
  
  
  Subsequently, ******* and his son encountered difficulties cashing the initial insurance check due to the presence of "Top Quality ************* as a payee. We clarified that our payment terms required both ******* and the bank to endorse the check, enabling us to cash it. Despite this, ******* insisted that we sign the check, citing advice from his bank. In an effort to resolve the matter, we proposed visiting the bank together to ascertain the accuracy of this information, as we had not encountered a situation where two parties were needed to endorse an insurance check. However, ******* canceled the appointment scheduled for June 1st, claiming unavailability, and instead proposed a meeting at our office on June 5th at 9:30 am to further discuss the proposal.
  
  
  On June 5th, ******* and his son arrived at our office with a contract purportedly prepared by their lawyer, requesting us to sign it for their home renovation project. Dissatisfied with our existing contract, which was drafted by our own legal team, ******* presented an outdated roofing proposal from 20 years ago, claiming that our pricing was excessive. Despite offering a personal check of $5,000.00 as an initial payment, we declined his contract as we felt uncomfortable with his assumption of the contractor role and our position as customers. Consequently, no payment was received from *******. We informed him that, should he decide to terminate his contract with Top Quality Adjusters, a 15% fee of the claim sums would be applicable. ******* and his son adamantly refused to pay any amount to Top Quality Adjusters and left our office, expressing their intention to personally fund the roof replacement at the expense of forfeiting the insurance funds rather than paying the 15% fee.
  
  
  Regarding *******'s complaint filed against Top Quality Roofing & Siding, it is important to note that no payment was made by *******, and the signed contract was between ******* and Top Quality ************** Therefore, any resolution must be sought between these two parties.
  
  
  Thank you for your attention to this matter.
  
  
  Sincerely,
  
  
  Sr *******************

  Customer response

  07/04/2023

   
  Complaint: 20254811
  
  I am rejecting this response because:
  I do not accept the response submitted by The Top Quality Roofing & Siding in regard to my complaint (ID ********* and does not satisfy my concerns. **************************;altered the facts of our negotiations that took place on June 5th morning, 2023.
  The negotiation was mainly to get roof replacement done as per the Insurance claim granted to me. 
  1.  I did not want the Gutters to be replaced because insurance was paying only for a portion of the Gutter replacement and I wanted that to defer for a future date.
  2. Insurance clearly stated that the damaged item (Shingles) should be replaced with an item of like kind and quality. I had architectural-Timberline Shingles, 30 Years from GAF Co.  TQR&S was providing lesser quality Shingles and wanted me to pay $1.380.00 for an upgrade and I did not want to pay.
  3. I neither disputed any cost figures that are given by my ************* nor made any proposal to commit insurance fraud as articulated by Mr. ************************ Contrary to **************** claim about me, I learned from my acquaintances in the neighborhood that Top Quality Roofing & Siding had advocated and practiced deeds that would constitute insurance fraud. If needed to prove I would not hesitate to go legally.
  4. On the 25th May meeting ************ said that Top Quality ************** and Top Quality Roofing & Siding LLC are one and the same. Contrary to the above statement ************ is siting that I should resolve my dispute with Top Quality Addjusters Inc. 
  5. ************ stated in his response that I offered a personal check of $5,000.00 as an initial payment. This was absolutely and completely false. My ************* issued a check amounting to $16,795.37 and I made an offer to pay $8,000.00 with my personal check and the balance will be paid upon completion. He not only did not accept my proposal but he wanted us to get out of his office using some uncivilized language. In fact, he was belligerent and very hostile towards us and he did not want to do any business unless I and the ************ signed the Insurance Check and deliver it to him. 
  6. **************. suggested that I ought not to surrender the entire Check to ************ and it is common practice to pay a partial amount agreeable to both parties.
  7. Top Quality ************** never showed me the final contract in which all the costs were documented until May 25th, 2023 and I did not sign it.
  8. One of the Contentious Terms & Conditions in their contract.
  Online Reviews. Top Quality Roofing & Siding shall in good faith review all customer-related dissatisfactions. Customer agrees not to post online negative reviews addressing Top Quality Roofing & Siding, without prior written permission from Top Quality Roofing & Siding. Failure to obtain said permission shall be subject to $2,000 contract breach fee, as well as payment of associated therewith costs of collecting said breach fee.
  9. Top Quality ************** failed to give me "******** Consumer Rights" prior to making me sign their contract.
  All the above narrated salient points are adequate proof for me to believe that the contract entered between Top Quality ************* and myself is null and void.
  Very Sincerely
  Krishna Sincerely,
  
  *******************************

  

  Business response

  07/05/2023

  Regarding *******'s response, it is important to note that "Top Quality Roofing & Siding LLC" does not have a signed contract or received any payment from Mr. ******** The shingles listed on the proposal provided to him were CertainTeed Landmark Shingles, which come with a 30-year warranty. The additional cost was for an upgrade to Landmark Pro, a 50-year shingle. However, we are not comfortable working with a customer who wishes to modify our provided contract and does not want to pay for the costs associated with their insurance claim. 
  
  
  The issue of settling the claim should be discussed between "Top Quality ************** and *******, as his claim was approved through them. All communications should be directed to them, as we are not listed on the check and do not have a signed contract for any work. The original paperwork clearly states that the contract is between Top Quality Adjusters and Krishna, and we are solely a recommended contractor used by Top Quality ************** Please refer to the attached terms from the Top Quality Adjusters Contract for further clarification.
  
  
  If ******* chooses not to proceed with Top Quality ************** he should refer to the terms below to pay and terminate the contract he signed with them:
  
  
  1. In exchange for the services provided herein, the INSURED agrees to pay and assign to TOP QUALITY ADJUSTERS, **** a sum equal to 15% of all sums recovered by adjustment settlement pursuant to the insurance contract. Both the INSURED and TOP QUALITY ADJUSTERS, **** shall direct the INSURER to issue any and all claim payments payable to TOP QUALITY ADJUSTERS, **** and the INSURED.
  
  
  Mr. *******, please settle your claim with Top Quality Adjusters as we do not have a signed contract with you or have received payment from you for any work.

  
  

  Customer response

  07/06/2023

   
  Complaint: 20254811
  
  
  I am rejecting the response from Top Quality ************** and Top Quality Roofing & Siding LLC. for the following reasons.
  
  1. I had signed a Public Adjuster contract with Top Quality ************** which is owned by *************************, whose State of ******** license Number is ********. This contract was presented to me by the salesperson *********************** on 27th Sept 2022 and ************** told me that the Roof replacement will be done by Top Quality Roofing & Siding LLC. I neither met nor spoke to either ********************************** until we visited on 25th May 2023.
  I had decided to have the Roof replaced by Top Quality Roofing & Siding all along. They had presented a new working contract in line with Insurance estimates and I wanted to negotiate a few items before I paid any money. I did not sign it since they declined to work with me.
  The insurance payment check was in my possession and it was issued to pay to the order of ******************************* and ******************************* and PNC Bank NA ITS Successors and/or Assigns ATIMA and Top Quality ************** I asked Top Quality ************** to sign the check. They refused to sign and in turn, I was told that they will not trust me and added that I will cash the check and never get the roof replaced. Instead, they wanted me to get the check signed by me, my wife, and the Bank and surrender the check worth $16,795.37. I had serious concerns about signing the check to Top Quality ************** and told them that I will have to check with PNC Bank. 
   2. I was following my Mortgage Bankers' advice to pay only 50% of the estimated Insurance cost upfront and the balance after completion of work. I offered 50% of the check amount with my personal check and refused to give them the Insurance Check.  
  3. At that point TQA **** & TQR & S LLC had declined to work with me and told me to get out of their office citing that I was wasting their time. In spite of my repeated request to continue the discussion, 
  Mr. Sr. ******************* was hostile, insensitive, and cursed us to get out of their office.
  4. *********************** and *********************** said to us on May 25, 2023, and June 5th, 2023 that TQA **** and TQR & S LLC are the two businesses owned by one family under the ownership of Mr. ************************************ Although both companies are owned by the same person, TQR & S LLC is telling me that I would have to settle the contract with TQA **** I am shocked at their previous response telling me that I would have to settle matters with TQA ****  
  6. Please make a note that TQA **** never gave me "******** Consumer Rights" as per ************************* requirements. 
  7. I am an 80 Years old Senior Citizen and I ought not to be subjected to this type of harassment and unscrupulous practice where they portray me as a culprit in violating the contract. I will not have to pay any financial compensation because Top Quality ************** has declined to perform the Roof work and is in violation of the contract. 
  
  Very Sincerely
  Krishna Sincerely,
  
  

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