Is writing a second contract for the insurance company fraud?
Short answer. Yes. A second, inflated contract for the insurance company is insurance fraud, a crime in Maryland for both you and the homeowner, and it ends in license revocation. Write one honest contract at one price.
Work it through
You're the contractor. Pick what you'd do, then see how each choice plays out.
Dave Kowalski
Homeowner who wants a deck and basement finished fast
Dave approaches you with an idea: "Write two contracts — one for the real price at $40,000, and one for $25,000 that I'll show the insurance company for my claim. I'll pay you the full $40,000 cash."
He winks. "Everybody does it."
- Correct
Creating dual contracts to defraud an insurance company is insurance fraud — a criminal offense in Maryland. Both you and Dave would be liable. Beyond criminal charges, this would result in immediate MHIC license revocation, insurance policy cancellation, and potential civil suits. 'Everybody does it' is what people say right before they get caught. One contract. One price. Zero prison time.
- Acceptable
You're right that Dave's insurance claim isn't your direct responsibility, as long as you provide one honest contract. However, if you know he's planning fraud and you facilitate it in any way (inflating the contract, providing misleading documentation), you become an accessory. Keep your paperwork honest and let Dave handle his own business.
All 9 cancellation rights & consumer protection questions
- What must a door-to-door home improvement contract include?
- Does every homeowner have a 3-day right to cancel?
- Does a home show sale carry a 3-day right to cancel?
- What should you do about a pressured sale to an elderly homeowner?
- What happens when a contractor is accused of exploiting an elderly client?
- Can contractors raise prices after a storm in Maryland?
- Is writing a second contract for the insurance company fraud?
- Can you sign an invoice for more than the work you did?
- How does COMAR regulate model home and referral offers?