Legal implications for restoration contractors when considering COVID-19 response.
For nearly 25 years, The Restoration Lawyer has been in the trenches helping contractors to do things the right way both through his legal practice as well as his extensive efforts in education. This last year, under the leadership of Restoration Industry Association (RIA) President Elect, Mark Springer, and his industry manifesto, Our Greatest Need, Ed has been a key figure in the RIA’s focus on advocacy. Mark outlined a seven step action plan which includes the formation of an Advocacy and Government Affairs (AGA) Committee, of which Ed is the founding chair, as well as the recently appointed Restoration Contractor Advocate.
You’ll have to watch the video to get it directly from Ed, but advice number one was to stop the use of traditional work authorizations. Mr. Cross states, “Performing restoration work with the traditional work authorization is kind of like playing football wearing sandals. You can do it, but it’s not going to turn out very well.” Ed recommends actual contracts for payment, like contractors would typically use, which establish an obligation by the owner to pay the contractor for the work.
Restoration professionals need to understand how much more vast, complex and extensive the legal issues and risk exposure are with coronavirus response, as opposed to other types of work. Contractors must define a clear value proposition to answer what the customer is getting for their payment. Ed notes that this is not like mold where it is easy to verify contamination and remediation with “before and after” photographs. Contractors must research products, techniques and verification processes prior to rushing into response. Monday morning lawyers who bring lawsuits against contractors will have the benefit of hindsight when bringing potential suits against restorers.
Ed shares the importance of clarifying and documenting, “What you are doing, why you are doing it, how you are doing it, when you are doing it, and where you are doing it.” As essential for all projects, contractors must set up their files to diligently tell the story of the scope of work, prior conditions and response.
Edward H. Cross - https://www.therestorationlawyer.com
The DYOJO - https://www.thedyojo.com
The Intentional Restorer - https://www.randrmagonline.com
"Actionable" by Bensound.com
Additional Resources from The DYOJO:
Mark Whatley joins Jon Isaacson on The DYOJO Podcast to discuss the Silica Exposure: Regulatory Evolution research white paper published by Actionable Insights and authored by Kevin Hussey (United Fire and Water), Mark Whatley (Actionable Insights) and Rachel Stewart (Titan Restoration).
Episode 2 of The DYOJO Podcast
Emergency management for business owners during a pandemic Three questions with Edward Colson, of Ready Northwest, pieces of the COVID-19 puzzle from his area of expertise.
In the Pacific Northwest, prior to the novel coronavirus pandemic, many of those engaging in the discussions around emergency management were focused on a Cascadia earthquake event and/or the potential for volcanic activity. Across the nation, many businesses were discussing measures for addressing active shooter situations.
Edward shares that there are direct threats and hazards, like those listed above as well as indirect hazards. The current strain on our supply chain as well as our reliance on overseas manufacturing were issues many warned about prior to COVID-19 and are now at the forefront of the discussion. Ready Northwest has been working before, and now during, coronavirus to help companies, “Mitigate against, respond, and recover from disasters posed from natural, technological, and man-made hazards.”
Unfortunately, many businesses and municipalities are learning just how remiss their resiliency preparedness plans were. We find ourselves scrambling in many areas to play from behind as we address the SARS-CoV-2 outbreak. Edward reminds people in a position of leadership to ensure that they get good information from sound sources before they make decisions based upon unverified sources. Responding to an outbreak with bad information and haphazard systems will only make our situation worse.
Ready Northwest has created a Pandemic Planning Guide which includes the following recommendations for collaboration within your team: * Forming a Pandemic Response Committee to provide company updates in regards to policy, procedures, and reporting criteria. * Utilizing Human Resources to report on sick leave policies and projected health and wellness impacts.
Watch the video interview from The DYOJO between Jon Isaacson, The Intentional Restorer and Edward Colson, Ready Northwest and read the article from Restoration and Remediation (R&R) Magazine.
Ready Northwest — https://www.readynw.com
The DYOJO — https://www.thedyojo.com
The Intentional Restorer — https://www.randrmagonline.com
Music “Actionable” by Bensound.com
Additional resources from The DYOJO:
Are the days where the chaos gets the better of you becoming more and more prevalent? If you have dysfunction in your team you need to address it as quickly as possible so that small fires do not become scorched earth that takes your organization down and suffocates your ability to grow. Contact The DYOJO to assist you with resources for eliminating chaos or see if the video below helps you gain some ground.
The DYOJO Podcast
The DYOJO Podcast features weekly discussions with everyday entrepreneurs and the lessons they have learned from the trenches.