Morgantown and other areas of West Virginia were once again rocked by severe weather in June which caused extensive property damage, particularly to roofs.  Where there is severe weather there will be storm chasers – out of staters who are looking to make a quick buck on the misfortune of local residents.  While a select few of these contractors are reputable companies who want to help even more of them are scammers who engage in not only unethical but also illegal practices.  It’s imperative that West Virginians know their rights when it comes to their roofs.

Storm Chaser Risks

When destructive storms crash through Morgantown and the surrounding areas storm chasers are sure to follow.  Occasionally these will be honest and established companies that really are trying to help.  If they are, their reputations will be easily verified with a quick google search of their company name and local license in their home state.

More often, though, you’re going to encounter a Chuck in a Truck looking to make a buck.  These fly by night contractors will swoop in making promises they can’t keep and engaging in unethical as well as illegal practices in order to scam West Virginia residents out of their hard earned money – all while leaving them with a roof that still needs to be repaired.  Even well-meaning contractors may not be aware of local laws and regulations that are imperative for proper resolution of your storm damage.

The key things that Morgantown residents need to know when dealing with storm chasers is this: West Virginia has laws on the books that will protect you from being scammed after a storm – but only if you know about them.

Storm Scammer Consumer Protection Act

On July 1, 2015 the West Virginia legislature made effective the Storm Scammer Consumer Protection Act.  This law was codified to protect West Virginia residents from predatory storm chasing practices after sustaining roof damage.  Among other things, Chapter 46A  Article 6M of the West Virginia Code prohibits the requirement of advanced payments as well as gives consumers the right to cancel their contracts with their roofing contractor if their insurance company denies their storm damage claim.  Let’s take a closer look at these two integral pieces of the Storm Scammer Consumer Protection Act.

Advanced Payments Prohibited; Refunds, Emergency Repairs; Unenforceable Contract

§46A-6M-4 of the West Virginia Code states:

(a) Except as provided in subsection (c) of this section, on or after July 1, 2015, a roofing contractor may not require any advance payments under a contract for the repair or replacement of any part of a roof system of a residential real estate, when payment is expected to be made from the proceeds of a property or casualty insurance policy until the cancellation period, as provided in section two of this article has expired.

(b) Within ten days after a contract has been canceled, as provided in section two of this article, a roofing contractor shall tender to the owner, any payments, partial payments, or deposits made, and any note or other evidence of indebtedness, except as provided in subsection (c) of this section.

(c) A roofing contractor that performs any emergency repair services authorized by the owner of residential real estate, may collect a reasonable and customary amount for the emergency repair services performed for the authorizing owner.

(d) Any provision in a contract executed on or after July 1, 2015, for the repair of a roof system of residential real estate, as provided in sections one and five of this article, that requires the payment of any fee, except for repair services performed under subsection (c) of this section, is not enforceable against any person who has canceled a contract under section two of this article.

So, what does this mean for you? Essentially, the law says that if you’re filing an insurance claim and expecting to pay for your roof repair with the proceeds of said claim a roofing conctractor CANNOT require a down payment with a signed contractor.  The only money that can legally be paid before the repair or replacement of the roof is for services rendered during emergency repair work.

Consumer’s Right to Cancel Residential Roofing Contract

As you might notice, the previous section references section 2 of the same article several times.  That’s because these two articles go hand in hand.  §46A-6M-2 of the West Virginia Code states:

(a) An owner, who on or after July 1, 2015, enters into a contract with a roofing contractor to provide goods or services related to a roof system of residential real estate and who expects the goods or services to be paid from the proceeds of a property and casualty insurance policy, may cancel the contract prior to midnight of the fifth business day after the owner has received notice from the insurer that all or part of the claim is not a covered loss under the property and casualty insurance policy.

(b) The contract with the roofing contract is cancelled when the owner either personally delivers written notice of cancellation to the roofing contractor; deposits the written notice of cancellation in the United States mail, postage prepaid and addressed to the roofing contractor at the address stated in the contract; transmits the notice of cancellation to the roofing contractor by facsimile; or sends an e-mails containing a notice of cancellation.

(c) The owner may use any form of notice of cancellation that is sufficient to indicate, by any form of written expression, the intention of the owner not to be bound by the contract.

How Can You Protect Yourself?

So, you know scammers are rampant after major storm events.  The big question is: how can you protect yourself?

Know the Laws

First and foremost – know the laws.  The West Virginia legislature has done the work for you already and codified your protections into law.  Knowledge is power and your knowledge of state laws can save you from being scammed out of thousands of dollars.

• Do not, under any circumstances, make an advanced payment for roof damage that you intend to pay for with insurance proceeds.  Requiring a deposit in this instance is ILLEGAL.
• You have the right to cancel your contract without penalty upon learning that your insurance company will not cover your roof damage – make sure your cancel with written notice in the allotted time, though.

Hire Local

One of the best protections against storm chaser scams is to hire a local roofing company in Morgantown like MHI Roofing.  As a family-owned roofing contractor that has been operating in Morgantown since 1979 we’ve built a stellar reputation in Morgantown and are dedicated to educating our local community and providing the best service and workmanship possible.  Hiring a local roofing company provides multiple benefits including:

• Local Reputation
• Local Community Members
• Knowledge of Laws and Regulations
• Knowledge of Climate

If you’ve experienced storm damage to your roof or you think you may have encountered a shady contractor, call MHI Roofing today so we can help you determine the best course of action for you and your home.