Tips from the Restoration Industry Association for Restoration Contractors in Florida Arising from Hurricane Ian
November 2022
Tips from the Restoration Industry Association for restoration contractors in Florida arising from Hurricane Ian – September 27-30, 2022
Disclaimer
The following information has been developed to assist restoration contractors who are responding to this tragedy that upended many communities. All users of this information are encouraged to refer to applicable federal, state/provincial, and local authorities having jurisdiction over the subjects addressed within this document. The RIA makes no representation or warranty as to, and is not responsible for, the accuracy, or validity of the information, or its application by any recipient of this document. The authors do not warrant that the information in this document is free of errors and the entire risk of the use of any information in this publication is assumed by the user. Feedback related to the following information is welcome and can be submitted to Kristy Cohen, CEO at kcohen@restorationindustry.org so that we may update and amend this document moving forward.
The Restoration Industry Association stands with its members who may have experienced personal and professional challenges arising from Hurricane Ian. We also recognize that cleanup, restoration and rebuilding will take time and want to assure our members that the RIA will be with you every step of the way.
1. In counties that were declared Federal Disaster areas, construction contracts with completion dates, work permits etc. that were either ongoing or set to begin at or around the time of the storm may be automatically extended by six months. Based on the degree of damage, it is most likely this will be extended. Restorers should retain evidence of the status of their projects as of the date of the storm, especially if the storm caused additional damage to the property.
2. Insurance coverage is not guaranteed, especially in cases where there was a combination of flooding, tidal wave action, and wind––either combined with or not with––rain damage.
3. Conversely, there may be cases where there is more than one insurance policy that may be applicable.
4. Restorers should refrain from making assurances to policyholders or potential customers regarding insurance coverage. Insurance coverage issues should be referred to a qualified public adjuster or attorney.
5. Before executing an Assignment of Benefits (AOB) or Assignment of Insurance Rights (AOR), restorers should consult with a Florida attorney about Florida’s unique laws regarding assignments. The holder of an assignment in Florida may have no recourse to collect from the property owner.
6. Because insurance coverage is uncertain, it is important to include provisions in a repair contract with the property owner to ensure that the restorer is paid for completed work. All contract forms should be reviewed and approved by a Florida attorney.
7. Restorers should also consult with a Florida attorney about the state’s specific rules regarding the solicitation of roof repairs, and whether repair contracts that include real or potential roof repairs should include a provision indicating that the work was not solicited.
8. Water-damaged properties in the areas impacted by the storm should be presumed to have been impacted by flood water unless it is proven otherwise. Restorers should comply with OSHA and IICRC standards. Those who are unfamiliar with the IICRC S500 and S520 standards should immediately familiarize themselves so as not to inadvertently violate proper repair processes. In most cases, these damages will be Category 3 water damage and therefore most likely contain hazardous substances. Daily work logs should be maintained and extensive photographs should be taken to prove compliance.
9. The repair contract should address all material terms of the transaction, including the estimated cost of repairs.
10. Actual costs will probably change between the time an estimate is prepared and the time repairs are completed, so the attorney preparing the contract should include the necessary provisions to allow for the execution of change prior to the job completion.
11. Those who plan to do restoration, mold remediation, and/or construction work in Florida and do not have a valid Florida license should check with the county in which the work will be performed to verify compliance with its requirements for a temporary license. Also, Florida law requires that the person or entity that tests for any mold cannot be the same person or entity that removes the mold.
12. Many of the properties damaged in Florida should be tested for asbestos. Florida also requires specific licenses for contractors to remove and dispose of asbestos.
13. Remember – the cost of doing business will be higher because of Hurricane Ian and your collection time for bills and invoices will be longer. While it may be possible to recoup some of the additional expenses on certain commercial projects, restorers will face serious challenges with these expenses on residential repairs. Proper paperwork, computer storage, photos and videos will be necessary to ensure a restoration business successfully navigates repairs from Hurricane Ian.
For additional resources and information, please visit www.restorationindustry.org.