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The Hidden Danger of Contingency Agreements

The Hidden Danger of Contingency Agreements

Understand the risks of contingency fee agreements with roofing contractors. How they create conflicts of interest and what to watch for.

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What Is a Contingency Agreement?

A contingency agreement means your roofing contractor gets paid only if your insurance claim is approved — typically taking a percentage of the claim amount as their fee. While this sounds like a win-win, contingency agreements create dangerous conflicts of interest that can leave you with a substandard roof and legal exposure.

The Three Problems with Contingency Agreements

  • Conflict of Interest: When your contractor's payment depends on the claim being approved, they have financial incentive to inflate the damage scope — potentially committing insurance fraud in your name. If the insurance company investigates and finds fraud, you're the policyholder — you bear the legal responsibility.
  • Quality Incentives Are Misaligned: A contingency contractor wants to maximize claim payout while minimizing out-of-pocket work. This can lead to partial repairs instead of full replacement, lower-grade materials than specified, and rushed workmanship.
  • No Incentive to Advocate: If your claim is partially approved (say 70% of expected), a contingency contractor has already been paid their percentage. They have no financial reason to appeal the denial of remaining items. A forensic roofing authority like Proof Construction gets paid for accuracy — not claim approval.

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