As discussed in Part I of this series, which appeared in the October issue of R&R, a contract is an agreement voluntarily entered into by two or more parties with the intention of creating a legal obligation. Moving on from the basics, here we will discuss home improvement laws and the most important legal provisions for any restoration contract.
On September 4, 2013, the mock trial of Moore v. Heatman went forward at “Cross-Examination: The Live Courtroom Experience” at The Experience Convention in Las Vegas, with the Honorable Judge James Dread (played by Jim Holland) presiding.
In Part II, we’ll examine how a jury will react to mold claims in a court of law as well as how to handle such a situation if going to court is unavoidable.
Mold lawsuits remain plentiful and large recoveries still occur, although they have not wielded the devastation to the restoration industry that many had feared
Customer calls you to dry the structure and fix the leak. While you’re working, you happen to miss some water that has found its way down to the baseboard. Whoops.
No matter your relationship with the homeowner, the adjuster or the insurance company, your relationship with the mortgage company is likely to be a competition of adverse interests
No matter your relationship with the homeowner, the adjuster or the insurance company, your relationship with the mortgage company is likely to be a competition of adverse interests, but try to keep it from becoming personally hostile.
Guilty by suspicion. No, it’s not just a Robert DeNiro movie from 1991. In fact, when it involves your business and the insurance industry, it can lead to a whole lot of trouble.
The lawsuits filed by ThermaPure, Inc. were the biggest legal news to hit the restoration industry since Melinda Ballard was awarded $32 million from a Texas court in 2001.
In “Will Your Contracts Be Used Against You? Gosh, I Hope Not!” in the fall 2008 issue of R&R, I explained that many restorers continue to use inadequate contracts.
Despite the vast history of
litigation aimed at the restoration industry, many restorers continue to use
inadequate contracts. In fact, some are not contracts at all, such as archaic
“Work Authorizations” which do no more than grant permission to perform work
while obligating the customer to absolutely nothing.