In a small claims suit for moving expenses due to HOA contractor damage, should I sue the contractor, their insurance, or both?

I am involved in a liability case where a GC was hired by the HOA to replace all the exterior stairs in a townhouse community where I rented a unit from the owner of the unit. I submitted moving expense receipts to the GC directly, which he forwarded on to his insurance company and directed me to work directly with them. They have delayed the payment of the costs to move out of the unit, which the Fire Department revoked the CO due to the extensive damage and lack of electricity as well.

I am in the process of filing a small claims suit to seek recovery, as I am tired of the delayed tactics, for $7,100.00 I am requesting. We had agreed to an amount of $6,000.00 to settle the matter at this point, but I have issues with the terminology in their release letter, as it could possibly affect a lawsuit I have with my renter's insurance for the damages to my personal property and their ability to subrogate those costs back to the GC's insurance company.

Who do I file the claim against, the GC, his insurance company, or both?

Just a second while I copy it.

It states the following. Is there a way to attach it here?

1. Representations, Warranties, and Agreements. The undersigned acknowledges and agrees that this Settlement Agreement and Release (“Release”) is a general release and expressly waives the right to, and assumes the risk of, any and all claims for damages and/or any and all claims under or against the Policy as arise out of, or are otherwise related to, those allegations in the Claim, which exist as of this date but of which the undersigned does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect the undersigned’s decision to enter into this Release. The undersigned represents and warrants that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Release, except as otherwise set forth herein; that the undersigned has the sole right and exclusive authority to execute this Release and receive the sums specified in it; and that the undersigned has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Release. The undersigned further agrees to cooperate fully and execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Release. The undersigned declares and represents that no promise, inducement, or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement with respect to the Claim, and that the terms of this Release are contractual and not a mere recital.
2. Subrogated Interests and Liens. The undersigned further declares and represents that any and all known valid subrogated interests or liens against me, which relate in any manner to the damages or considerations which are the subject of this Claim, have been paid and satisfied in full, or will be satisfied from the proceeds of the settlement. I further agree that all liens, if any, will be paid by me without any payment by any of the parties or entities who are being released by this Release, and that I will hold the Releasees harmless and indemnify them from any claims related to this case that might be brought by those lienholders. Without limiting my responsibility, this may include liens from governmental entities, workers’ compensation liens, Medicare or insurance liens, and attorney liens, among others.

My renter's insurance is in talks to subrogate my claim to them back to the GC's insurance.

Item 2.

My attorney on that matter has suggested the following language: "I need some additional language added to the release to specify that this settlement is to my claim with AIG and not any incident-related claims that may be subrogated back to AIG from Assurant Insurance related to my claim with Assurant."

I plan to file a small claims suit as they have delayed this payment for over a year and I am done trying to settle with the insurance, my real question is:

Do I file against the GC directly or the insurance company?

Ok.

Very much so. Thank you. I was thinking that it might just be the GC. I mean he can deal with his insurance recovery on his own. I am really done with the dealing with them. I am setting up my final demand letter. Can that be sent via email with return receipt?

Thank you. Yes. Have a good day.