ClaimAdvocate
Ft Wayne,#2Consumer Comment
Wed, February 01, 2012
Not sure if your contract is valid in Indiana. Many times I have found that these contracts did not follow the legal protocol and became invalid. You may also have an issue with a breach of contract by them if they did not perform and prevent future mold irrespective of buying a warranty contract. Its called mal practice or E&O and you can file a claim against their CGL liability insurance policy and have a 3rd party investigate.
A warranty contract that they are selling you is not an insurance policy. Its a mis- nomer and it may be interesting how they sold it or advertise it to you whether its in violation of the selling /advertising regulations. I have won many issues with multi million dollar corporations over invalid contracts that must follow the State code and regulations with exact wording. Recently with Direct TV and also Verizon we were able to invalidate their contracts with full refunds after the State investigated their contracts that were not properly printed with required wording to protect consumers.
I am a 40 yr Insurance Claim Advocate/Public Adjuster having worked inside many national insurers home office coast to coast as an Executive General Adjuster . Your issue is not an insurance issue. The Dept of Insurance does not control or intervene in warranty contracts. However, you may be well to file a complaint with the Atty General Office for contract fraud. You can do this at IN.GOV.com on line and print out the required information form to start the ball. Be sure they get a copy of your contract, and briefly explain if the work they did perform was good or failed. If it failed then they breached the contract. They will investigate the issues and deal directly with Easydry on your behalf. They also need to review the contract to see if its valid according to the laws in place for salesmen.
As an insurance adjuster, I would hope they had an Industrial Hygienist perform an Air Quality test for spores after the job was done. Its the only way they know if the job they did remediated the mold spores. If they said the air is fine after stopping the water, they have breached the contract as bacteria levels cannot be seen or spelled, it must be measured by a Hygienist certified to test for same.
So you have three issues, i) Non performance of work 2) Invalid contract-mis-representations 3) Warranty issues
File with the atty General Office at no cost to you. Thats your tax money at work and they will do an investigation and give you their findings in about 30 days. They can also invalidate the contract if illegal and force a refund if need be in your favor.
Good Luck
The Claim Advocate
Ramjet
Somewhere,#3Consumer Comment
Wed, February 01, 2012
We had Everdry waterproof our basement about 20 years ago and we pay the annual warranty price. Fifty dollars a year is d**n cheap insurance. Over the years we have had a few sump pumps go out and they were on site the next day with a new sump pump
This year we had massive amounts of rain and had a little seeping through cracks in the floor and they sent someone right out and installed finger drains in the floor and didn't charge us anything.
Our basement was complete unusable and since they fixed it I have a wood shop and laundry down there.
We love it!
jbuch12
United States of America#4Consumer Comment
Wed, February 01, 2012
Everdry Waterproofing has an annual warranty service. You are asked up front if you want it or not, it's $50 a year. If you have, all these problems should be covered. If you declined it, you have no warranty, the contract was clear when I signed mine. My experience was similar at first, but ended well.
Wasn't initially pleased with the salesman, a bit too assumptive and pushy for my liking, but I was patient?. The only reason I agreed to go with Everdry is that a family member raved about them|.
The price was a LOT more than I thought, about $3,000 more than I was originally expecting, but I was able to talk them down a little bit, so I went ahead and scheduled the work?. They were working on my basement a few weeks later:.
I must say I was quite reassured when I met the team working with us;. The foreman and crew were VERY friendly and knowledgeable!. They walked me through every step of the process, at the beginning and end of each day, and answered all my (dumb) questions patiently|.
They wrapped up a few days later, and the place looked great;. There was still some dust leftover, but I knew how hard they were tried to contain it while they were working so I didn't mention it, a swiffer and 2 hours took care of it...
Pleased so far, I have a dry basement as promised (God knows if I didn't they'd be hearing about it!) But I understand things happen. Worth the extra cost, I'd certainly recommend them
I would suggest calling them back and see if you can get reinstated on the warranty program.