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

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

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

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