This is a complex situation involving insurance claim practices, legal strategy, and construction completion. Here's an analysis of your options:
Claim Completion Sign-Off and Reimbursement
It's generally not recommended to use the Certificate of Completion (or similar sign-off document) as leverage to force the insurance company (Travelers) to pay your outstanding reimbursement receipts.
* Completion Document Purpose: The sign-off document confirms that the contractor, Servepro, has completed the scope of work they were hired to do under the agreed-upon estimate and that the house is restored to a habitable state. This document is primarily between you and the contractor, and Servepro needs it to get their final payment from Travelers.
* Reimbursement Obligations: Your reimbursement claims (washer, dryer, water heater, RV living expenses, etc.) are a separate obligation of the insurance company (Travelers). They are typically handled by a different claims adjuster or a different part of the claim file (like Additional Living Expenses - ALE or contents replacement).
* The Risk of Refusal: By refusing to sign the completion certificate, you may create a dispute with Servepro, not Travelers. Servepro could potentially place a mechanic's lien on your house if they believe they've completed their work and are being blocked from their final payment. This could significantly complicate your title and saleability of the property down the line. It may also alienate the contractor, who might otherwise be willing to assist you with the final issues.
* Better Leverage: The best leverage is to continually and formally demand payment of the outstanding reimbursements, citing the specific policy provisions they are obligated to follow. Since you've already contacted a litigation lawyer, they will be able to apply the proper legal pressure (e.g., a formal demand letter).
Adding Contingencies to the Sign-Off
It is appropriate and common practice to include a punch list of incomplete or unsatisfactory items before you sign the completion certificate. You can definitely claim dissatisfaction with the overall project completion until these final restoration issues are addressed.
You should create a written, detailed Punch List and explicitly note that your signature is contingent upon the satisfactory completion of these items.
Recommended Contingency Items
The issues you mentioned are valid components of a construction project that the contractor (Servepro or a sub-contractor) should be responsible for completing:
* Driveway Patching: The temporary gravel patch is not a completed state of repair for a cement driveway. Your sign-off should be contingent on the driveway being permanently repaired with cement to its pre-loss condition, with the caveat that this may need to wait until next spring due to concrete curing and temperature requirements.
* Ground Repair/Topsoil: Restoration of the yard to a condition where landscaping can be reestablished (grading, topsoil, and potentially seeding) is a standard part of construction cleanup and restoration. You should demand a specified amount of topsoil (e.g., 4 inches) be spread over the affected areas.
* Landscaping: While the insurance policy may only cover the cost of the damaged grass/shrubs/etc., demanding the contractor perform the prep work (topsoil) is reasonable. You should get clarity on whether the cost of the cement patch and topsoil is included in Servepro's scope or if Travelers is expecting you to get a separate quote for the final landscaping/paving portion of the claim.
Suggested Action Plan
* Document and Communicate: Immediately draft a formal letter (or email) to both Servepro and your Travelers adjuster. State clearly that you are NOT signing the completion certificate at this time.
* Attach the Punch List: Include the driveway and topsoil requirements as your formal Punch List of uncompleted work. State that you will only sign the completion document once these items are satisfactorily addressed, or once a signed, binding agreement is in place with Servepro to complete these specific items next spring.
* Address Reimbursement Separately: In the same correspondence, but in a separate section, re-demand immediate payment for the outstanding reimbursement receipts (ALE, washer, dryer, etc.) and state that this separate financial issue is now being handled by the litigation lawyer you have retained.
By separating the two issues—Servepro's physical work completion (where you have valid leverage) from Travelers' financial reimbursement obligation (where you need legal leverage)—you protect yourself from a lien while still pushing for a fully restored property.
