Cross Examination w/ Ed Cross

Cross Examination is a C&R-exclusive column with The Restoration Lawyer himself, Ed Cross. Ed got his start in restoration working in his father’s construction company. In 1995, Ed founded the Law Offices of Edward H. Cross, serving the construction and restoration industry. He has never looked back.
Ed is the #1 authority on a number of legal matters in our industry today. His bimonthly columns and videos cover the hottest topics.

External Control & Risk Neglect

Lea el artículo en Español Allowing external parties to dictate your restoration methodology can lead to substandard work and delays. Suppose you comply, only to find out later that the adjuster’s or TPA’s methods were outdated and ineffective. Remember, you are the professional, and ultimately, you will bear the consequences. Letting external parties dictate the methodology, scope, and pricing of your restoration projects can undervalue the overall project and be detrimental to the client. Insurers are obligated to pay the “usual and customary” and/or “reasonable” cost of repairs. Thinking that allowing external parties to

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Restoring a Sanibel Island Sanctuary

Editor’s Note: At C&R, we love showcasing some of the incredible projects restorers have taken on. In this case study, Steve Glozik, president of FP Restoration, gives us a behind-the-scenes look at how his team led a 50-person crew to restore a Sanibel sanctuary devastated by Hurricane Ian. Read on to learn how restoration served as a catalyst for healing and rebuilding this community after catastrophe. Have a project you’d like us to feature? Share it with us at candrmagazine.com/case-study-submission/! Share a little bit about your company – its background, location, etc. FP Restoration

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2024 Billing Trends So Far

With over $500 million dollars in claims processed for restoration contractors since OCS’ inception and a current rate of 15,000+ claims a year, we’re uniquely qualified to talk about trends we’re seeing across the industry when it comes to claims billing. Let’s go over a few that we highlighted in our recent C&R Lunch ‘N Learn webinar on Oct. 24th on How Restoration Contractors Can Get Paid Faster and More Fairly. Data highlights: Contractor job volumes are down ~20% in 2024 Program vendors have the most challenging pricing dynamics, with average invoice amounts considerably

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Top Collections Strategies for Restorers

Getting paid at the end of a job can be one of the biggest challenges restorers face. Restorers should recognize that collecting money has very little to do with their invoicing process once work is finished. Rather, collecting starts from the moment they first make contact with a prospective client. A happy client is much more likely to pay than an unhappy client, so the steps taken early on and throughout the job are extremely important. Setting realistic expectations, communicating effectively, and thoroughly documenting the work, will have a huge impact on a restorer’s

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Allstate’s Multiple Failed Attempts to Challenge Assignment of Benefits | Prequel to the Aliso Viejo Case

A restorer with a properly-executed Assignment of Insurance Rights can enforce the policyholder’s rights to fair claims handling. Allstate pivots and back-peddles, unsuccessfully attempting to find a basis to challenge contractors’ Assignment of Insurance Rights. California contractor uses Assignment of Insurance Rights to sue the carrier directly for overhead, profit, and attorneys’ fees and recovers 10x the invoice. SANTA ANA, CA – As reported in the March/April 2023 edition of C&R, Allstate Insurance Company paid an Orange County restoration contractor $335,000 to settle a dispute that began when Allstate refused to pay $33,221.80 of

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Allstate Pays Contractor $335,000 to Settle Dispute Over $33,000 Restoration Invoice

Contractor with a long history of collecting overhead and profit for mitigation and contents is denied 10 & 10 for subcontracted contents work. Allstate adjuster writes: “Allstate does not cover OH&P for mitigation or contents work so unfortunately your request for OH&P for any contents work or packing will not be approved.” Contractor uses Assignment of Insurance Rights to sue the carrier directly for overhead, profit, and attorneys’ fees. Retired Allstate Property Claim Manager testifies that Allstate acted in bad faith for refusing to pay overhead and profit for contents. SANTA ANA, CA –

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Free Estimates? Can You Spot the Policyholder Who Merely Intends to Cash Out?

I receive lots of calls from restorers who are sick and tired of writing estimates for policyholders who do not intend to hire them to perform the work. Policyholders use well-written estimates to increase their insurance recoveries, often at the expense of the estimator.  It can be enormously time-consuming to prepare a good estimate. This is precious time taken away from paying work. Estimating requires professional expertise, so why shouldn’t that time be compensable? Well, it may be if you set it up right, but that doesn’t necessarily mean it’s a good idea for your

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Possessory Liens: A Tool to Collect Sums Due For Contents Restoration

If you take your Ferrari to the shop for a new carburetor, and you refuse to pay for the work, the shop can keep your Ferrari, just like a dry cleaner can keep your pants if you don’t pay for the cleaning.  These providers have liens on the property, and restorers have them, too. These liens are different from mechanic’s liens, which attach to real property improved by a provider. The liens on contents are called “possessory liens” because the lien is based on possession.  A possessory lien is a security interest in personal

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Increase Profits By Improving Communications

Miscommunications lie quietly beneath the surface of most problems in cleaning and restoration transactions. Commonly-overlooked communication problems lead to liability issues and collection problems. Here are some tools to prevent these problems, avoid bad online reviews, and get paid faster! Address the “Communication Driver” In business transactions, we need to convince the other parties that they are better off transacting with us than not transacting with us. The challenge is that we often have different priorities than those with whom we do business. If we fail to find any common ground, the transaction will

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How to NOT Get Roasted in a Deposition

When a property repair project becomes adversarial, as it often does, restorers may find themselves under the bright glare of scrutiny in the grueling litigation process known as discovery. Discovery is the exchange of evidence between parties prior to a civil trial. It is intended to narrow the issues for trial and help the parties and their counsel evaluate the case for settlement. Discovery comes in several forms: written discovery, such as questions (“interrogatories”) and requests for docu­ments; and oral discovery (depositions). A deposition is the most powerful form of dis­covery. It is a

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