Montana Bill Would Toughen Rules On Storm Damage Contractors

Montana Standard (Butte)

Jan. 17--HELENA -- A Billings couple who is going to court over a $93,000 bill to repair their roof and siding after a 2015 hailstorm spoke Tuesday in support of a bill that would revise the rules on contracts between homeowners and contractors fixing exterior damage after storms.

Michael Qualls, a middle school teacher, told the House Business and Labor Committee that after his home was damaged by a hailstorm in 2015 he and his wife were visited by eight contractors in just a few days, including one that came less than 45 minutes after the storm ended.

"We didn't know there was such a thing as storm chasers (out-of-state contractors who follow major storms to seek work).There were so many of them and they were so aggressive," Michelle Qualls said.

Qualls and his wife, Michelle, says the out-of-state contractor they hired did not provide them a detailed contract and did shoddy work that was not up to code. The contractor is now suing them over the huge bill, but they still lack the details to determine what that bill includes.

"We can't believe it happened to us but it will continue to happen to other folks in Montana if we don't pass the law that prevents them from getting away with this," Michelle Qualls said.

House Bill 222, carried by Rep. Dennis Lenz, R-Billings, would create a Montana Exterior Residential Storm Damage Repair Contracts Act. The bill requires a contractor to provide in writing a detailed description of all damage included in the repair proposal and what work the contractor will do.

The act also gives the homeowner the right to cancel the contract within five days after signing. In addition it would require a contractor to tell the consumer their Montana registration information and prevents them from promising to pay or provide a rebate for insurance deductibles.

The act deals only with residential homes with exterior damage from storms. Similar laws have been passed in more than 25 states. The committee took no action Tuesday.

Bill sponsor Lenz told the committee out-of-state contractors took advantage of families like the Quallses in Billings, Havre and other Montana cities after harsh hail and wind storms significantly damaged hundreds of homes. After the storms, several out-of-state contractors blanketed towns with advertisements of quick repairs, often listing local numbers and addresses.

"This bill is not for the good contractor," Lenz said. "This is for the predators."

After the 2015 storm, the Qualls signed a contract to replace their siding, windows and roof. They said it took 90 days to replace the roof and another 125 to fix the siding, though they say the work is not up to code and they still haven't received a detailed invoice, as the bill would require.

"We would have been better off if we had a detailed estimate up front," Michael Qualls said. "We thought we had chosen a reputable contractor, and it turns out we did not. We hope this bill makes it more difficult to do this to people like us in the future."

Abigail St. Lawrence, who represents the Montana Building Industry Association, said some reputable contractors are still "really old-school" and hand-write contracts and that it's sometimes impossible to know the entire scope of a job from the outset.

"The concern is that if we miss something and the description isn't detailed enough, my guys are going to find their butts in court for things they didn't mean to do, and that could create a problem."

Aimee Grmoljez, a lawyer who represents the Property Casualty Insurance Association of America, said the bill isn't mean to harm the in-state contractors who do reputable work, but to hold storm-chasers accountable.

St. Lawrence, as well as several lawmakers on the committee, questioned if the five-day period for consumers to get out of contract could leave contractors who had already started work on the hook.

Several insurance industry representatives spoke in support of the bill, saying their customers often make quick decisions without the time to find out if the contractor they are working with is reputable.

"The hailstones aren't even melting and the contractors are there aggressively trying to sell them," said Mike Rice, storm coordinator for Mountain West Farm Bureau.

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