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This is an adjustment problem and you should be the one to settle the loss, as you will not get paid unless you close the loss. This is really a big game and you are over in the corner of a three leg stool.

In no special order do the following: Tell both the insurance company will not accept lump sum bids, and the insureds contractors bids must be broken down like yours. If they will not cooperate tell them you will send in both estimates and not recommend payment and ask the company for thier advise.  Do this but put in report how you really feel about the correct scope and amount, and point out the conflicts.

The carrier will back you and probably send out a check for your estimate  (good faith-fair dealing). Then recommend to the carrier for you to get a competive bid on your scope with you not being present and not showing your old estimate. If its more than your first payment send the differance, pay the 2nd contractor for his work and close the file. The next move will be the insureds, and it will a non event as the company has been fair and reasonable.

Part of your job is to agree on the scope of work with the insured/contractor and it sounds like it is a scope problem, and you have training to deal with unreasonable insureds/contractors.

If the company and the adjuster can not agree on scope (amount of loss) suggest appraisal if the differance if $50,000. or more.  Its just not an easy quick buck job. ** I would not use Exacta Mate in this conversation in any manner, If they turn in an itemized estimate on note paper (if its fair and reasonable) it can be a proof of loss.

An Adjuster should never mention the brand of software to a homeowner , contractor or any adversary for the insured.

The puter is a tool with out a brain and can not bail you out of problems claims; but can get you into the conspiracy theory if you bring it up. Its usally brought up by contractors who use x-mate as the contractor/insurance adjuster bible and it is infalible.  I disagree in many cases and so does the public.

A) You suggest that the contractor has a contract with the insured. Normally money has to exchange hands before there is a valid contract.

B) If the contractor has a subject-to agreement or any other type of non binding agreement, even if signed by the insured, it is , (in most states) not valid.

C) Your scope of loss should be presented to the company with a notation that the insured nor their potential contractor do not agree. Suggest to the carrier that they send a reservation of rights letter to the insured, that will make the insured aware of the seriousness of the situation.

D) The contractor's estimate is just that , "an estimate", just as is your scope of loss. Many times items are under or over priced on a unit price basis, and that may be a reason for a supplement, if this would occur.

Sounds like you have an uncooperative insured, being led by the nose by their contractor. As stated above your assignment is to close the file.

You do this by preparing a proper scope, submitting it for payment and explaining in detail what has transpired. You do NOT have the authority to settle the claim, only the carrier can do that.

If you follow the rule of law and address the 3 "C's", Cause, coverage and cost you have done your job.

I could not agree with Jud more. Kill them with professionalism and kindness and never take a difference of opinion (or scope) personally - it is just the business of money. We all want to make our insured's whole whenever possible but human nature can play funny tricks on anyone's personality when money is the issue.

Agree on what you can agree on, have the carrier send a payment for the undisputed damages (it does not matter if the insured cashes it or not - it is a sign of good will) and work out the rest. Supplements are always available if valid and worst case is appraisal. If everyone concerned is reasonable and honest in nature, I have always been able to settle my losses (no matter how far apart our first estimates were).

John, I use the same technique as you do and have been very successful with that line of thought. I have had contractors ask me if I used Exactimate and if I were not, my estimate would not be fair and correct. Where they get this information, I don't know. Proper scope is the key to settlements. If you have scoped properly, your estimate will reflect a true value of the loss. Some adjusters get in  a hurry and miss a lot of damage. I have seen this too many times. I have worked behind some adjusters and some that title themselves as General Adjusters, and found they left out a lot of damage in their scoping.

Creating a technique for scoping and sticking with that technique will help an adjuster scope more thoroughly. I always start on the outside. Roof first, then exterior walls. I always start on ceiling first on the interior, then walls, and finally, floor. I always put my General Conditions as the last line of scope, to include final clean, dumpsters (if necessary) and any other item not included in the interior scope. I use scope sheets that Janice and I have developed through the years and it leaves nothing to chance if followed as it should be.

I always tell the contractor that the use of software to estimate is only a tool to determine loss, regardless of its name.