Last Updated: April 4, 2020
Our New York Coronavirus Service Contract Package is available for immediate download in easy-to-use MS WORD format, ready to add your logo and address. It addresses the fact that the work area can be immediately re-contaminated after the application of disinfectant, and is offered with our special Zero Risk Guarantee. If you are not completely satisfied, we will refund your money, No questions asked.
WHY DO I NEED A SPECIAL CONTRACT FOR CORONAVIRUS WORK?
No contract can guarantee that the service provider will not be sued. However, a coronavirus disinfection agreement should be drafted to manage the multitude of risks of liability that exist with this work. The typical restoration work authorization is wholly insufficient to address the unique legal issues presented by the novel coronavirus 2019:
- No published industry standards of care
- The work area can be re-contaminated immediately after the work
- No testing to confirm the virus has been removed
- The success of the work is difficult to measure or describe
- Customers rarely want to hire hygienists to prepare protocols
- There may be no visible evidence the work was performed
- “Return to pre-loss condition” cannot be guaranteed
- Insurance money is usually unavailable to pay for the work
Unlike health effects from mold, lead or asbestos, COVID-19 is obviously highly contagious. Cleaners who work in these environments should prepare themselves for the risk that one infected person could infect others who could, in turn, infect others. If the proper legal protections are not in place, the cleaner’s liability could multiply exponentially. The Coronavirus Service Contract prepared by Ed Cross and his team fills this need.
ARE YOU SENDING A MESSAGE TO YOUR CUSTOMERS THAT COULD GET YOU IN TROUBLE?
Cleaning professionals should use extreme care in choosing words to describe the service they intend to provide, especially when COVID-19 is a concern. Cleaners increase their liability exposure when they state or imply that they are remediating or removing the virus. “Remediate” means “remove,” and it is probably impossible to prove that a virus has been completely removed, so describing the work as “remediation” may be problematic. There is debate as to whether cleaning professionals should name their agreements “Coronavirus Disinfection Contracts,” “Coronavirus Decontamination Agreements,” “Coronavirus Decontamination Contracts,” “Coronavirus Sanitization Contracts,” “Coronavirus Cleaning Contracts,” “Coronavirus Removal Agreements,” and so on.
What’s clear is that cleaning professionals need a quality coronavirus contract prepared by an expert. The Standardized Coronavirus Service Contract Package prepared by Ed Cross and his team explains how the contractor’s work is intended to mitigate the risk of transmission, but not completely eradicate the virus. It documents the value proposition for the customer, while setting realistic expectations. Our New York Coronavirus Contract:
- Disclaims warranties, express and implied
- States that the removal of all viruses is not the goal of the work
- Explains that the customer is buying a process rather than a specific result
- States that the contractor is not liable for viruses at the property after the work is done and people or animals enter the structure
- Provides consent for the use of certain chemicals and holds the contractor harmless for adverse reactions to the chemicals
- Contains a waiver of claims in excess of the contract price
- Contains a very broad force majeure clause to relieve the service provider from responsibility for equipment and supply shortages, pandemics and COVID-19
- Gives the contractor a right of re-entry to inspect and/or address alleged workmanship issues
- Sets a special time limit on claims against the contractor
- Properly incorporates protocols prepared by hygienists and allows for exclusions
- Holds the contractor harmless for the acts of the Customer’s hygienist
- Establishes a process to determine how the success of the work will be determined
- Allows the Contractor to cancel the contract if the hygienist has unreasonable criteria to assess the work
- And much more…
NOTHING LIKE IT IS AVAILABLE ANYWHERE ELSE
Ed Cross is the preeminent legal resource for the restoration industry. His New York Coronavirus Service Contract Package is the result of intensive analysis by him and a team of experts, including some of the nation’s leaders in restoration and industrial hygiene. It includes robust provisions specific to New York, prepared by veteran New York legal counsel. Why expend the money and hours of effort to hire a lawyer to create something from scratch when a high quality product, specific to New York, is available now for immediate download?
YOU DESERVE PROTECTION FOR THE RISKS YOU TAKE
The Package strategically and specifically addresses the complexities faced by contractors who embark on this work. The Contract is weighted in favor of the service provider, but without being unfair to the customer. Service providers engaged in risky work sometimes get carried away making disclaimers…to the point that the contract provides no rights for customer. Courts consider one-sided agreements to be “illusory,” and illusory contracts are unenforceable. Our Contract explicitly outlines tangible rights for the customer. Sophisticated customers need to see the value proposition right on the face of the contract. This is not only good legally, it is good for the reputation of the company, particularly during a pandemic when charlatans prey on the vulnerable.
DOES YOUR FILE INCLUDE PROPER DOCUMENTATION OF THE HEALTH CONDITIONS OF THE OCCUPANTS?
Even if a service provider treats every job as a confirmed positive COVID case, it behooves the service provider to obtain a signed representation of the relevant health conditions of the occupants. In fact, many liability insurance carriers expect the service providers they insure to collect evidence of the health conditions of the occupants, and to obtain a written warranty of the accuracy of that information. Every experienced service provider has been misled by customers more than once. This can be particularly dangerous when COVID-19 is involved. Proof that the customer provided inaccurate information could be the basis of a defense for the service provider in the event of a coronavirus lawsuit. Our New York Coronavirus Contract meets these needs. It includes a detailed Customer Health Questionnaire and a warranty from the customer that the information provided is accurate.
AVAILABLE FOR IMMEDIATE DOWNLOAD, THE PACKAGE INCLUDES:
- New York Coronavirus Service Contract in Editable MS WORD format
- Exhibit Slip Sheets to Help Organize Your Contract
- Special Exhibit: Disclosure of the Risks of Transmission of COVID-19
- Detailed Instructions on How to Fill Out the Contract
- Explanations of How to Handle Common Questions
- Ed Cross’ detailed “Six-Step Process to Form a Strong Coronavirus Contract”
- Customer Health Questionnaire for Revealing COVID-19, Chemical Sensitivities & More
- Instructions and Tips for Preparing and Presenting the Customer Health Questionnaire
Hiring a lawyer to create material this robust would cost several thousand dollars, in addition to the time it takes to explain the nuances of coronavirus work to the lawyer, but it is available here for only $995.
From the day we launched the Restoration Contract Store, we have always offered every contract completely risk free. If you are not 100% satisfied for any reason, let us know within 60 days of your purchase, and we will refund your money, no questions asked. We want you to be completely satisfied, so you have zero risk.