• Sanitizing and Disinfecting Service Companies Need Pest Control Business License

    Sanitizing and Disinfecting Service Companies Need Pest Control Business License

    California Expands Licensure Requirements California Restoration businesses may be required to obtain another license.”Companies and individuals that advertise, solicit, or perform sanitizing or disinfecting services (such as COVID-19 applications) must hold a Pest Control Business License with the California Department of Pesticide Regulation (DPR) and register with the local County Agricultural Commissioner in each and Read More

  • National Contractor Licensing Agency Coordinated Sting Operations Across the Nation

    National Contractor Licensing Agency Coordinated Sting Operations Across the Nation

    The National Association of State Contractors Licensing Agencies (NASCLA) coordinated sting operations resulting in 775 cases of non-compliant state licensing requirements. This synchronized national enforcement effort targeted: Arizona, California, Connecticut, District of Columbia, Florida, Mississippi, Nevada, North Carolina (2), Oregon, Texas, and Utah. The intention was to combat “the increased illegal unlicensed activity nationally” and Read More

  • Jordan v. Allstate Ins. Co.: Failure to Conduct a Full, Fair, and Thorough Investigation on a Claim?

    Jordan v. Allstate Ins. Co.: Failure to Conduct a Full, Fair, and Thorough Investigation on a Claim?

    Most insurance policies contain terms that are hard to understand, and the policies are often written ambiguously and confusingly. Besides providing coverage, policies also assign responsibilities to the insured and duties to the insurer. One duty is the implied covenant of good faith and fair dealing. A moniker for the breach of this covenant is Read More

  • Unlicensed California Contractors Get Nailed in Statewide Sting Operations

    Unlicensed California Contractors Get Nailed in Statewide Sting Operations

    In California, it’s illegal for an unlicensed person to bid for or perform any home improvement valued at $500 or more in combined labor and material costs. The Contractors State License Board (CSLB) licenses and regulates almost 290,000 contractors in California and is one of the leading consumer protection agencies in the United States. In Read More

  • Cross-Examination: Who is in Charge of Setting Restoration Prices?

    Cross-Examination: Who is in Charge of Setting Restoration Prices?

    ‘We Don’t Pay for That.’ Why DON’T you Pay for That? The insurance industry is legally required to adapt to what the restoration industry charges. It is not the other way around. Carriers need an objectively reasonable justification for denial of claims decisions or they face liability for insurance bad faith.  “When restorers allow insurers Read More

  • Cross Examination: Are Work Authorizations Really Contracts?

    Cross Examination: Are Work Authorizations Really Contracts?

    There is continuous confusion about work authorizations and contracts. A work authorization authorizes the restorer to enter and do the work. A contract is an agreement between 2 or more parties intending to be legally enforceable.  Work Authorization + Payment Clause ? Contract. The purpose of a contract, especially when thought out intentionally, is to Read More

  • Uncle Ed Pleads With You for Better Documentation

    Uncle Ed Pleads With You for Better Documentation

    Break the Vicious Circle With Insurance Adjusters “Let’s face it; the property damage insurance claim environment has become increasingly adversarial in recent years. There is plenty of blame to go around. Some adjusters are too heavy-handed in adjusting and some restorers are too heavy-handed in billing. Insurers who routinely chop 25% off every restoration invoice Read More

  • Don’t Be a Restoration Cannibal

    Don’t Be a Restoration Cannibal

    Restorers complain that insurance companies pay too little and don’t treat them fairly, but some restorers contribute to the problem by pandering to insurance companies and foolishly undercutting the value of restoration services. Not only are these cannibal restorers driving down prices but they have started driving the homeowners against them too. Homeowners have started Read More

  • 1 minute tip on Mechanics Liens

    1 minute tip on Mechanics Liens

    A mechanic lien is a security interest against real property recorded in favor of a party who prepared or improved that real property. It constitutes an encumbrance against the legal title on the property. Liens are often invalid because they are not timely recorded. Don’t take chances or rely on guesswork when filing a lien. Read More

  • Restorer Defeats State Farm

    Restorer Defeats State Farm

    This video was initially released in 2010, yet this problem is still common in the restoration industry; Monday morning quarterbacking by adjusters and competitors throwing criticism about the work being done or the price being charged. They throw judgment at the first responders who witnessed and inspected the actual emergency firsthand. Courts place a high Read More

  • How is RIA helping restorers in 2022?

    How is RIA helping restorers in 2022?

    R&R’s Valerie King gets the low down on the RIA initiatives being tackled this year.  A few initiatives discussed include: Developing career pathways with the IICRC New position papers such as the New Construction Price List Industry Key trends and the RIA 2022 International Restoration Convention in April. Watch the podcast here to get the highlights of all that RIA is Read More

  • Enforceability of Assignments of Benefits

    Enforceability of Assignments of Benefits

    Clarifying CA v. Montgomery-Sansome In December 2021, a California trial court decision caused confusion in some circles regarding contractors’ use of Assignments of Benefits (AOB). The case, entitled California v. Montgomery-Sansome, is not about AOBs. The case is about illegal public adjusting and the failure to comply with California’s strict rules about what must be Read More

  • Maximize Restoration Collections

    Maximize Restoration Collections

    Collection Hassles? Along with high quality workmanship and good people skills, good contracts and documentation are the most important tools to prevent collection hassles such as, operational inconsistency, strained customer relations and expensive and time-consuming legal controversy.  They should be professionally-prepared and reviewed annually by an attorney.  This adds a layer of protection in the Read More

  • California’s Debt Collection License

    California’s Debt Collection License

    Debt Collection License for Restorers? The Debt Collection Licensing Act (DCLA) takes effect on January 1, 2022 and requires licenses of those who, in the ordinary course of business, are “regularly” engaged in the business of collecting debts owed by individuals for goods and services, subject to certain exceptions. This act stems from SB-908. The Read More

  • How to Save Your Bacon with a Strong Release of Liability | Cross Examination with Ed Cross

    How to Save Your Bacon with a Strong Release of Liability | Cross Examination with Ed Cross

    There is sometimes a temptation to incorporate releases and waivers into the contracting process when restorers are faced with either high demand or extenuating circumstances, including natural disasters. Releases came to the forefront of the national restoration conversation this year when the polar vortex caused widespread unexpected damage, primarily from pipe breaks, in the great Read More

  • C&R Magazine In-Depth Coverage On: The Key to Recovering Fair Market Value for Restoration Services

    C&R Magazine In-Depth Coverage On: The Key to Recovering Fair Market Value for Restoration Services

    Want stronger rights to payment for your job? Policyholders running off with policy proceeds and not paying you? An Assignment Is Your Best Protection! I am excited to share this article, and podcast/video interview, from Cleaning & Restoration Magazine, by the incredibly talented Michelle Blevins. An assignment makes you the owner of the insurance proceeds. Read More

  • Healthy Buildings Conference Bridges The Gap Between Research & Practice

    Healthy Buildings Conference Bridges The Gap Between Research & Practice

    Healthy Buildings America is LIVE AND IN-PERSON January 18-20, 2022, in Honolulu!!! This event brings leading scientists together with restorers for lively exchange about the latest methodologies and technologies. This groundbreaking conference will connect the scientific research of ISIAQ’s core membership with the experience of practitioners and technicians in the fields of IAQ pertaining to ventilation, Read More

  • Former Claims Adjusters Recount Fraudulent Claims Handling Practices

    Former Claims Adjusters Recount Fraudulent Claims Handling Practices

    Former Insurance adjusters testified, February 2021 to Washington state lawmakers, in support of House Bill 1428, giving first hand accounts of the corruption and fraud in the claims handling world. Both claims professionals gave testimony that was contrary to the Insurance Industry’s reports regarding the “adequate protection,” and “the desire among insurers to provide quality service at Read More

  • Han v. State Farm Fire and Casualty Company

    Han v. State Farm Fire and Casualty Company

    A class action claims State Farm Fire and Casualty Company has wrongfully used lower “new construction” estimates in paying claims for projects that amount to “reconstruction” of damaged property. State Farm obtained estimating data from Xactware reflecting that over the past six years, State Farm estimated over $90 million in repair damage replacement costs using Read More

  • How to Set Customer Expectations in a COVID Cleanup Contract

    How to Set Customer Expectations in a COVID Cleanup Contract

    Many uncertainties surround efforts to control the dreaded coronavirus in an indoor environment.  Customers who hire professionals have high expectations, but the professionals cannot see, smell, or photograph the virus, so it is difficult to prove the necessity or the success of the work.  This increases the chances of misunderstandings that create liability risks to service Read More