Silica dust or respirable crystalline silica (RCS) is a danger to most any front-line restoration worker, in addition to millions in other industries, due to silica’s presence in drywall, concrete, brick, mortar, stone, sand, and other common building materials. With asbestos, once we identify materials that contain asbestos, those materials must be handled only by licensed companies and certified personnel. Silica interaction, on the other hand, is not confined to a select few.

However, exposure to silica dust is just as dangerous as exposure to asbestos dust, and in both instances, there is a tremendous risk of being subjected to a cancer-causing dust. Both silica and asbestos are carcinogens. Inhaling RCS particles can cause several diseases including lung cancer, COPD, kidney disease, and, most infamously, silicosis, a deadly lung disease that makes taking in oxygen difficult.

OSHA lowered the permissible exposure limit (PEL) for silica to 50 micrograms (µg) per cubic meter of air in 2016, and before that time, the limit was much higher. Every time restoration workers cut, drill, sand, etc. into silica-containing material, they must be conscious of the potential for exposure and the means to limit their risks.

This article aims to provide restoration companies an overview of the risks associated with silica dust, special implications to the restoration industry, and means to keep workers safe and in compliance with OSHA regulations. This is part of a larger series on P.A.L.M.S. (Look for more articles in this series in upcoming issues.), which is an acronym used to discuss these contaminants of concern:

• PCBs/Pandemic
• Asbestos (March/April 2021 issue)
• Lead/Legionella
• Mold/Metals (Nov/Dec 2021)
• Silica.

Facing the restoration problem

Image courtesy of author. A city building labeled with silica damage.

Silica has a direct effect on restoration professionals because everything we touch may have implications concerning silica health hazards and regulatory compliance, specifically when we are cutting drywall (gypsum board, sheetrock, wallboard, etc.), as it contains silica.

In March 2016, OSHA published regulation on silica that specifies how silica-containing materials should be safely handled, providing the “Table 1 Example,” which details silica-related activities that take place on worksites. With this, OSHA provided safe work practices and the required minimal respirative protection for those activities. Table 1 contains the 18 most common worksite activities that put workers at risk of silica exposure, but it, unfortunately, does not include our industry’s biggest concern: drywall. In fairness to OSHA, it is difficult to include every possible task or activity that could take place on the worksite; however, this is obviously a very important one for the restoration industry.

Out of OSHA’s failure to include drywall in Table 1 emerged a question that the restoration industry continues to grapple with: Are the workers involved in restoration work being unnecessarily exposed to silica health hazards? An industry task force that included myself, Lee Senter, and many other restoration industry leaders have been working in an effort to determine what risk, if any, there are for the most frequent activities in the restoration industry. We conducted a pilot test throughout the U.S., with the assistance of IICRC Certified Firms, through which we have monitored workers’ exposure.

We observed the following: Provided the proper work activities, safe work practices, and engineering controls are used, we can alleviate unnecessary exposure to silica dust by the restoration industry in activities related to drywall. Namely the cutting, demolition, or general disturbance of drywall should not occur unless:

1. It is properly wetted.
2. The use of ventilation, filtration, and HEPA-filtered vacuums are employed.

Prior to the COVID-19 pandemic, we compiled our data and submitted it to OSHA for their review and critique with the request of adding it to Table 1. In June of this year, OSHA responded regarding our study on silica exposure potential and the recommended hazard control measures for the restoration industry, reporting that it was assessing comments and developing the best way forward, with plans to publish a Notice of Proposed Rulemaking on the issue by April 2022.

Adhering to OSHA silica regulation

Image courtesy of author.

In Standard 29 CFR 1926.1153, OSHA requires employers to limit worker exposure to RCS and stipulates the 50 µg PEL. To limit exposure, employers must either 1) use proper work practices and engineering controls laid out in Table 1 for other activities to ensure no dust is being generated, in which case no additional PPE would be required, or 2) use appropriate respiratory PPE to protect workers.

Throughout our task force’s pilot testing, we used silica-specific testing to collect air samples around workers’ breathing zones. Those samples were then sent to a certified laboratory that provided silica exposure results. If the result of testing showed more than 50 µg per cubic meter of respirable crystalline silica, then respiratory protection was necessary according to OSHA. If less than the PEL was found, then no respiratory protection was required.

In simple terms, if your work activities do not generate dust above the PEL, no respiratory protection is required by law. But how does one know? And how do you prove compliance to an OSHA inspector?

OSHA first asks, “Did you follow the methods described in Table 1? If workers are drilling through concrete, cutting a cement block, etc. on a jobsite they can easily refer to Table 1, document OSHA requirements were followed, and employ OSHA-required PPE to prove compliance. However, in the case of restoration workers, we cannot simply rely on Table 1 because our most commonly interacted-with silica-containing product, drywall, is not included. In this case, OSHA requires companies to either

1. Monitor and do testing like our task force did (using objective data)
2. Prove the activity is the same as activity you have previously monitored on a worksite in which you encountered the same materials and activities currently being employed (using historical data).

Using historical data is a bit tricky but not impossible. To use historical data on a project, it must be similar to the project you compare it to in every way: the work being done, how you perform the work, the materials you are working on, and the tools you are using. For example, the drywall must be the same drywall; your utility knife must be the same utility knife; etc. When we monitored on pilot sites, companies had to utilize the same engineering controls on both sites.

The task force’s studies showed that wetting the materials down and employing ventilation, filtration, and HEPA vacuuming sufficiently limited silica dust. If you’re diligent and recognize that, if the proper work practices are not utilized, you and your workers will be exposed to an extremely dangerous carcinogen, you can bring silica levels below the PEL and ensure worker safety.

Per OSHA, anyone who could potentially be exposed to silica should be trained in silica hazard awareness. This training covers silica OSHA regulations, work practices associated with exposure to silica dust, and the severe impact that dust could have on your health and the health of those around you.

Avoiding future issues

Don’t assume that, by continuing old-way practices, no exposure is occurring to you or your workers. In our task force’s research, we saw cases in which we did not expect our testing to detect any kind of silica in the air, but it did.

A company found to be in violation of OSHA rules on silica faces severe fines from OSHA and potential civil suits from employees. OSHA’s maximum penalty for serious and other than serious violations is $13,653 per violation, and the maximum penalty for willful or repeated violations is $136,532 per violation. These penalties reflect the irreversible nature of health effects associated with silica exposure. These consequences say nothing of the ethical and moral implications of endangering workers’ health that an owner whose company commits these violations must face.

The difficulty with silica (or asbestos exposure, for that matter) is that it does not produce acute, immediate effects. Instead, it produces chronic effects that may take years or even decades to show symptoms. You don’t want to find yourself later in life, kicking yourself, saying, “I wish I knew, and I wish I had protected myself and my workers from hazards.”

Restoration workers must recognize that the death toll and diseases from silica are quite extensive while primarily avoidable. It is important that we do our part to limit silica exposure in the restoration industry. It is crucial to acknowledge that the activities those in the industry perform have a hazard associated with them in silica and that silica in the lungs is just as dangerous as asbestos. Remember that the regulatory PEL is still not a “safe” level; it is simply permissible by law. Exposing workers to zero µg per cubic meter of RCS is a much better goal.

I recommend companies pay attention to all of the steps associated with potential exposure to silica dust. Provide anyone who could be exposed with proper training, implement proper work practices, use engineering controls, and rely on PPE when necessary. This is the only way to protect yourself and those around you from silica exposure.

Further reading:

Mark Drozdov is known for his diverse work in environmental, health, and safety projects worldwide including HazMat remediation; industrial hygiene; hazard/risk assessment; and compliance training, certification, and audits. He actively contributes to the AIHA/RIA/IICRC Crisis-Response Joint Task Force, IICRC Board of Directors, ISO infection control and EHS standards, and AIHA government relations. Drozdov’s PALMS program is the go-to method for dealing with contaminants of concern. He has received multiple awards and commendations, including for his work at Ground Zero. Connect with him on LinkedIn or email him at��mark.drozdov@cooper.edu. ��

Amanda Hosey is the managing editor of Cleanfax. She has worked as an editor and writer for more than a decade, including seven years with Cleanfax. Reach her at��amandah@issa.com.

The post The Silica Problem and Restoration Workers appeared first on Cleanfax.

• Experiencing difficulties in dealing with adjusters on pricing
• Waiting too long to get paid
• Feeling frustrated that your marketing isn’t producing results
• Wondering why it feels like a battle

Then Restoration Strategies is the conference for you!

Get more info and register (click here)

Register with this PDF form (Restoration Strategies Form).

This two-day event is designed to offer invaluable insights into the restoration industry for business owners, managers, and marketing staff in the disaster restoration and building service contractor field.

Attendees will gain practical knowledge on acquiring restoration jobs from insurance agents, claims adjusters, property owners, and managers. The conference will feature a nationally recognized insurance claims adjuster who will share strategies for securing water damage restoration, fire and smoke restoration, mold remediation, and other types of work. Individuals considering entering the restoration industry will find this conference helpful in learning to overcome the challenging task of acquiring work.

The event will be a fast-paced learning opportunity for all participants. Rest assured that you will leave the conference with the knowledge to help you avoid the challenges associated with the restoration industry. Event pricing is reasonable, with $697 for ������ý members and $997 for non-members.

Don’t miss this strategic business and marketing event. Check out the video below:

The post Restoration Strategies Coming Up May 22-23 at Cleanfax HQ. Don’t Miss Out! appeared first on Cleanfax.

If so, then it’s time you register for the most insightful and invaluable event in restoration, Restoration Strategies.��

 
Get more information and register here
 
This two-day conference offers a fast-paced learning opportunity for business owners, managers, and marketing staff in the disaster restoration and building service contractor field. Attendees will gain insight into acquiring restoration jobs from insurance agents, claims adjusters, and property owners or managers.

During the conference, participants will have the opportunity to hear from a nationally recognized insurance claims adjuster who is actively engaged with the cleaning and restoration industries. The adjuster will share strategies for securing water damage restoration, fire and smoke restoration, mold remediation, and other types of work. Additionally, individuals who are considering entering the restoration industry will find this conference helpful in learning how to overcome the challenging task of acquiring work.

Event pricing is just $697 for ������ý members and $997 for non-members.

To learn more about this one-of-a-kind uplifting event, check out the video below:��

The post Register for Restoration Strategies and Empower Yourself appeared first on Cleanfax.

Understanding insurance carriers��

Let’s first recognize what an insurance carrier is. Most insurance carriers are not charitable organizations. They are “for-profit” institutions. Insurance carriers are essentially investment companies that obtain money to invest by providing a legalized version of a protection racket. Each year their insureds pay money in the form of “premiums” in return for the “protection” the insurance company provides them. The insurance company gambles that the insureds won’t have a covered event that year, allowing those premium dollars to be invested and generate a reasonable return.��

When the economy turns both inflationary and recessionary, earning the expected return on investment becomes more and more difficult. To counter this, the carriers have two options. First, they can increase what they charge in premiums. Second, they can “tighten up” on their claims handling guidelines. If you’ve been in the restoration business for a longer time, you’ve no doubt seen an insurance company stop covering events or procedures that had previously been paid for without question. For the sake of this discussion, let’s address the second scenario.��

Tightening up ��

When disaster strikes, a restoration contractor’s job is to mitigate the damage and/or return the home or business to its pre-loss condition. It’s easy to get lost in objections we receive from claims handlers, but a lot of that is just noise. We need to stay focused and do what we were hired to do by the customer.����

Remember, unless we’re under contract via a vendor program, we do not have a contract with the insurance company and are therefore not subject to their rules. ��

A lesson learned��

I was painfully reminded of this many years ago when my attorney and I were sitting in front of an Administrative Law Judge defending my actions after being cited by the Contractors State License Board. I’ll spare you the details, but let’s leave it at this—I lost. The judge admonished me by reminding me that I did not work under insurance company rules; I was to operate under the regulations of the Contractors State License Board. ��

While I wound up paying approximately $15,000 in fines and attorney fees on a $2,500 dispute, the money that “investment” made me over the ensuing years was immeasurable. It taught me that I had weapons in my holster that I had previously failed to recognize or utilize. Those weapons were the rules we operate by as service providers, whether those rules come from the IICRC in the form of standards such as the S500 and S520, industry publications like them, or from our governing bodies. How can these rules help? Read on.��

Leveraging the law��

Remember what I said earlier—a restorer’s job is to mitigate the damage and/or return the structure to its pre-loss condition. Additionally, we’ve established that we have rules to play by, as outlined above. The way we make all this work for us is by grabbing a technique used for years by those in sales. ����

Sales professionals have always known that the best way to overcome objections during the sales process is to be prepared for any objections the customer might throw out and to have a response already prepared for each of those objections. ��

Why, then, wouldn’t we as service providers use the same technique? We can just as easily anticipate that objections will be coming our way and be prepared to respond to them by using the rules, providing the documentation of those rules, and never being willing to bend or compromise those rules. The carrier still has the option to refuse to pay for the disputed charges, but we have industry standards and the law on our side.����

It becomes substantially less likely that a carrier will go to battle with you when presented with the rules you have to play by. Sure, they’ll try to get you to bend or break those rules, but just remember what the judge told me—we don’t work to insurance company standards. Essentially, we serve a higher power than the insurance carrier. We are morally, ethically, and frequently legally bound to do what’s right by the customer.��

In conclusion, remember that we’re currently going through inflationary and recessionary times. We can assume that the insurance companies are going to react to this by raising premiums and tightening up on claims handling. But we can’t allow their policies to dictate how we do our job. We must anticipate their objections and be prepared to defend our position using industry standards and the law. Follow these guidelines and the upcoming economic challenges will be a little easier to tolerate.��

The post How $15,000 in Fines Saved Me Money appeared first on Cleanfax.

To be listed in the 44th-annual index, each company is evaluated on objective measures including financial strength and stability, growth rate, and size of its franchise system, among other criteria.

Take a look at the full list of brands below: ��

• 1-800 Water Damage

• 1-800-Packouts

• 360clean

• 911 Restoration

• AdvantaClean

• Affordable Remediation

• Aire-Master

• All Dry Services

• American Veterans Restoration

• Anago Cleaning Systems

were also listed in this Franchise 500 feature.

For more information on this list and to see the other companies that compose it, view the full article on today. ��

The post 10 Cleaning/Restoration Leaders Among Entrepreneur’s Franchise 500 appeared first on Cleanfax.

As the new year is finally upon us, new opportunities, market trends, and consumer trends are sure to appear as well. As a carpet cleaning or restoration professional, your ability to track and go along with these shifting tides is crucial to continued success and growth throughout the 2023 year. While 2022 was filled with discussions of proper hygiene and cleaning protocols, supply chain disruptions, DEI efforts, product comparisons, and business management/leadership topics, 2023 is sure to not only add to these various subjects but incorporate new ones for continued business expansion, networking, and industry growth.

As a leader in news and insightful content for the cleaning and restoration industries, Cleanfax has put together this list of projected trends for 2023 as well as a few ways in which we intend to cover them and help industry leaders ‘follow the current’ no matter what this new year has in store. Take this list of projected trends, prepare for them accordingly, and be ready to transform your brand with a 2023 outlook in mind.

Trend #1: Tech integration and cybersecurity

Already, the cleaning and restoration industries have begun to embrace all forms of technology in order to streamline processes, analyze projets, and comunicate with customers in an effective manner. However, in 2023, it is projected that tech integration and cybersecurity concerns will be a highly trending topic. As such, we at Cleanfax will ensure plenty of content not just on the latest technology advancements in the industry but also how to harness them for success and still create a safe tech environment.

Trend #2: Modern leadership strategies

In the past, leadership strategies have revolved solely around the same concepts of honesty, conviction, transparency, and collaboration. However, there are now new leadership strategies that every leader should add to their daily operations in order to acquire the very best team members and bring their company in the 21st century seamlessly. These strategies are predicated on compassion, consideration, DEI initiatives, and recognizing the value in a healthy work/life balance for all. As a point, Cleanfax will be taking this transition very seriously by developing an entirely new series entitled, ‘Leaderships Tips’ which will focus on these modern methods and how companies can utilize them for increased success and engagement moving forward.

Trend #3: Supply chain diversification

While 2022 focused on the disruptions that rocked the supply chain and destabilized countless companies, 2023 aims to take this one step further by looking at ways to diversify the supply chain, localize it, and increase its resiliency in order to handle disruptions swiftly. Supply chain diversification is based on the concept of choosing diverse suppliers in your local area on a series of data points in order to grow alongside your suppliers and never be forced to rely on overseas inventory ever again. To help companies succeed in these endeavors, Cleanfax will be taking steps to inform our readers in 2023 on everything necessary to diversify the supply chain and find long-lasting success and resiliency moving forward.

Trend #4: Inflation concerns

According to the American Express , three out of four American small business owners say they have been negatively impacted by high inflation. To counteract these issues and overcome concerns, Clenafax will be working to create content dedicated to reducing expenses, maximizing the tech tools you already have, and saving profits through employee and customer retention.

Trend #5: Sustainability and green cleaning

Although we at Cleanfax have already begun to prioritize this trend in our monthly content, our aim is to take this one step further in 2023 and beyond. Sustainability and green cleaning has become such a major part of the industry that it only make sense that it is covered with the same level of depth, comprehensiveness, and excitement that the trend itself seems to hold.

Trend #6: Immersive customer experiences

In the past, customer experiences were as simple as a handshake, a contract, and a bill. Nowadays, the customer experience should be multifaceted, rely o nvarious different digital strategies to be handled, and have a sense of compassion and transparency in every step. As such, we at Cleanfax ill be covering some of the best ways to connect with your target audience in 2023 ranging from communication hubs and buyer personas to social media strategies and email drip campaigns.

Trend #7: Employee and customer retention/satisfaction tactics

One of the biggest topics that remains a huge trend even in 2023 is how to retain and satisfy employees and customers to save as well as earn profits year-round. For this, we’ll be breaking down some of the best ways to boost your employee retention rates, satisfy and keep customers coming back, and attract new customers and employees likewise in 2023.

Trend #8: Compensation and benefits

Part of the employee satisfaction and retention strategies is sure to focus on compensation and benefits. As the new year is here, many emploees in every industry expect different compensations and benefits to offset inflation, keep them coming in-house, and feeling satisfied with the respect they receive from your brand. To help with these efforts, the Cleanfax crew will be sharing multiple ways to compensate your team and provide benefits comparable to the rest of the industry without breaking the bank.

Trend #9: Networking, webinars, and events

There are countless networking opportunities,webinars, and events scheduled for 2023 worldwide. To stay up to date with all of these events and important opportunities, Cleanfax will be sharing the latest news, Cleanfax webinars, and industry events that every leader should attend in 2023. To start, The Andrew Äsk Building Science Symposium and a very exciting Cleanfax webinar are soon to come!

Trend #10: Advanced digital marketing and social media strategies

Lastly, digital marketing and social media are highly important elements of a successful business strategy. However, every year, the trends change and the ways in which customers utilize these platforms change as well. For this, we at Cleanfax intend to help present some of the most unique, modern, and futuristic strategies that companies can use in 2023 to revamp their social media and digital marketing games moving forward.

With the projected trends all outlined and plans to cover them shared, we hope that Cleanfax will be your go-to industry magazine for 2023 as well, and we can’t wait to show you the exciting content we have in store to help you track and tackle these trends through every quarter with ease.

The post Tracking Trends: What Does 2023 Have in Store for Carpet Cleaning and Restoration Pros? appeared first on Cleanfax.

The two-day conference is being offered twice in 2023—once on May 22″“23 and again on August 28″“29—and will be held in the auditorium at ������ý headquarters, located in the Chicago suburb of Rosemont, Illinois, and near Chicago’s O’Hare airport.

At the event, Peter Crosa, a nationally recognized, active insurance claims adjuster who works closely with the cleaning and restoration industries, will serve as lead instructor and share strategies on how to get more work, including water damage restoration, fire and smoke restoration, and mold remediation projects.

Download an event agenda, learn about accommodations, and register for the conference today. ��Contact Jeff Cross, ������ý Media Director and founder of Restoration Strategies, at ��jeffcross@issa.com ��or 740-973-4236 regarding any questions about the event.

Also, check out the video below to hear from Crosa on why you’ll want the Restoration Strategies Conference on your schedule for 2023.

The post 2023 Restoration Strategies Conference Registration Now Open appeared first on Cleanfax.

This shows a clear and definitive increase in damages year by year due to multiple factors ranging from climate change and gas emissions to poor development planning and a lack of preventative measures. Of the individuals affected, the low-income neighborhoods have experienced the most turmoil as restoring their homes has been far from simple—or cheap.

“Extreme weather events have led to high insured losses in 2022, underpinning a risk on the rise and unfolding on every continent,” said Martin Bertogg, head of catastrophe perils at Swiss Re, in the report. “Urban development, wealth accumulation in disaster-prone areas, inflation, and climate change are key factors at play, turning extreme weather into ever-rising natural catastrophe losses. When Hurricane Andrew struck 30 years ago, a USD 20 billion loss event had never occurred before — now there have been seven such hurricanes in just the past six years.”

In Florida, the issue continues to develop due to residents continuously fueling waterfront developments. The state has seen considerable in recent years, despite being especially vulnerable to rising sea levels, warmer temperatures, and the more powerful storms they cause.

This problem for coastal areas is going to become even worse as glaciers continue to melt and climate change is not dealt with as effectively as needed. According to the , by the end of this century, climate change will increase the size of U.S. areas with a high flood risk by 55% along U.S. coastlines.

This doesn’t even begin to touch on the damage that forest fires and droughts have caused to residential and commercial buildings likewise. A recent report from the found that the Department of the Interior and the U.S. Forest Service have nearly doubled their combined spending on wildfire management over the last 10 years.

As restoration professionals, recognizing this upwards trend of natural disasters and the costs of these damages is crucial in order to help clients prepare, mitigate even more damage, and continue to work with your team for years to come. Restoration companies specifically in the coastal areas should begin to develop preventative guides for their customers and have the right equipment for these increases in damage before they expand even further in the following years. For now, compassion and paying attention to the trends is the best way to approach this issue in the restoration, remediation, and disaster cleanup markets.

The post Natural Disasters This Year Caused $260 Billion in Damage appeared first on Cleanfax.

The relationship between insurance adjusters and contractors has been one that has struggled for decades. Now, adversarial relationships are almost expected by both parties. However, does it truly have to be this hostile?

Recently, I had the privilege of interviewing a true expert in the relationships between insurance claims adjusters and restoration professionals. Having a strong connection with Peter Crosa throughout years of working together, I know exactly how much insight and wisdom this professional industry leader has to offer on this subject. In order to see exactly how to create long-lasting and positive relationships between your team and adjusters in your community, read on to see the many valuable takeaways this Q&A delivered.

I’ve known you for many years, we’ve worked together, and I know you’re reasonable as an adjuster when you deal with contractors. Why are you different from some of your peers?

Well, wow, that’s a big profound philosophical question, Jeff! But, I just try to follow the golden rule, and we all know what that is. Treat people like you’d like to be treated, and I try to be fair too. Plenty of adjusters try to be that way as well, but they don’t understand their own bias. ��

Sometimes adjusters have their own biases, and they don’t even realize it. They lean in favor of the insurance company whenever they can. I know some adjusters that go on a claim and they don’t think they owe anything until policy language forces them to pay something on the claim. That’s their approach, versus an approach like mine where I try to help as much as I can. ��

There’s a difference in attitude between us more than anything. ��

Many in the industry complain about “adjuster pushback”. Do you believe that is an accurate and/or fair position to take as a restoration company? ��

The basic residential adjuster is pre-disposed to mistrust contractors. This is particularly true of the contractor he doesn’t know. �� ��

As a contractor, if you want to thrive doing insurance claims work, mingle with adjusters at their claims association meetings and other educational events. Build trust ahead of the claim. That’s what the larger restoration contractors know and do. ��

What has changed in recent years with restoration companies and insurance claims? Would you say the restorer/adjuster relationship has become more hostile in recent years? ��

There does seem to be greater hostility, but it depends on the jurisdiction and the insurance company. �� ��

About 25 or 30 years ago, when I first wrote my book about soft-selling hardened claims adjusters, it was a time when you still could build relationships. Personally, I think this has to do with the development of estimating software. Prior to its creation, adjusters had to depend on contractors for pricing. Around the mid-70s, they got the idea that you could break things down into unit costs. Thus, they started paying attention to unit costs rather than the cost of doing repairs. Then, with the computer age, using computerized estimating programs became the status quo. This transition put adjusters in a position to challenge what was being done by contractors as a result. ��

In all honesty, I don’t know what came first, the chicken or the egg. Were contractors being too greedy, and therefore adjusters pushed back? Or, were insurance companies starting to deny things that they should have previously paid, and contractors became hostile in return? Florida is a perfect example of that. Boy, it’s the wild wild west there.

I’m seeing the greatest volume and frequency of conflict in residential water and roofing claims. The water peril itself makes up the greatest percentage of residential insurance claims. Nationally, 20% of all Homeowner claims emanate from Florida and yet, Florida accounts for 80% of all Homeowner claim lawsuits. �� ��

As an adjuster, what surprises you the most about the current state of affairs between restoration contractors and insurance companies? ��

I’m surprised when a contractor comes to the job prepared to argue and disposed to litigate disagreements; a “pedal to the metal” attitude. Conversely, I’m surprised by insurers who choose to deny and litigate claims they should compromise or pay. ��

What are some triggers or issues that restoration contractors should be aware of that may make working with adjusters more problematic? ��

Just presume that if an adjuster doesn’t know you, he doesn’t trust you. �� �� ��

Does the size of the restoration company matter when it engages with insurance company challenges? Why? ��

When it comes to the size of the restoration contractor, as an adjuster, I’m probably comforted by knowing the brand. I probably know some of the management because they take the time to know the adjusting community. �� �� ��

Apart from the obvious operational advantages of being a larger company, i.e. available operational cash & equipment, they come to sponsor or advertise at my adjuster association meetings or education events. This gives the impression that they understand the adjusting community and its objectives. They train their project managers on how to deal with and build trust with adjusters. �� �� ��

What are some tips you would offer restoration companies so they can get their work done, and get paid, in a timely and fair manner? ��

If you want to get work, reach agreements with adjusters, and get paid quickly and fairly, you must learn how to get the adjuster on your side. Quash the hostility. �� ��

As someone on the outside looking in, I would think a third party such as a mediator would be a solution to bringing everyone together to get things done easily and simplistically. Is that the case?

Well, yeah, you would think so. But, the reality is that there is some element of larceny out there. There are people that operate on the felonious principle, and they really are into ripping somebody off. ��

There is the attitude that insurance companies are rich. The truth is that they’ve done consumer research, and most people think that the insurance company is biased against the policyholder and the insurance companies are getting rich off this mentality. ��

And that’s why juries sometimes are willing to give and award incredible amounts of financial verdicts against the insurance industry because the concept is that they’re very rich and powerful. ��

So, when it comes to a third-party mediator, we have something called the appraisal clause built into the insurance policy which is in every property policy that basically says, “If you, Mr.Policyholder, and we, the insurance company, disagree, we can invoke the appraisal, pause, and bring in some arbitrators to go through that process and decide which estimate is allowable. But in Florida, that’s still not always the end of the road. People have gone to litigating over that process, so they supersede whatever happens in the appraisal clause to try to get it quashed or to try and delegitimize it somehow in order to let a jury decide instead.

How can the Restoration Strategies event help business owners, managers, and marketing leaders with restoration companies overcome challenges and drive revenues? ��

If you’re talking about revenues from performing reconstruction for adjusters and the insurance industry (which spends hundreds of billions of dollars on restoring damaged property each year), there is a methodology to becoming a favored, trusted contractor. �� You can build that relationship that the adjuster values and wants to preserve. Whether they’d ever admit it or not, adjusters need competent, dependable contractors they can rely on. �� �� �� ��

To see more of our conversation, check out our recent Straight Talk! conversation here:

Jeff Cross is the media director for Cleanfax. He can be reached at jeffcross@issa.com or 740-973-4236. Visit for details on the next event.

The post How to Navigate the Hostile Restorer/Adjuster Environment: An Exclusive Q&A With Peter Crosa appeared first on Cleanfax.

In a dispute between two parties, differences of opinion take center stage. It is difficult to detangle either party’s commitment to their interpretation of the facts being the correct one. When one or both parties are so entrenched in their conclusions that no common ground can be established, the civil court serves as an imperfect mechanism for brokering peace. A recent court case that I have been researching articulated the reality that, when resolving disputes, conclusions are not facts in a unique and humorous manner.

The Comical Case

A Texas contractor is suing the local school district for failure to pay them for services rendered. The contractor has shared voicing their perspective, which boils down to, “We did the job we were hired to do [and now the school district is saying] ”Scr*w’ you, we don’t have to pay you because we are the government.'” In retort, the school district’s lawyer raised a good point regarding the nature of facts and conclusions, “The appellee confuses facts and conclusions. They are different.”

Sounds simple enough, right?

Yet, this conundrum is the reason we have a civil court system. Both sides of an argument have the same set of facts to work from, but they differ in their perspectives, interpretations, and conclusions regarding those elements. The defense in the case I described is Arlington Independent School District (AISD). In one segment of the hearing before the court of appeals, they describe how the treatment of facts and conclusions is a key factor in resolving disputes,

Appellee RJ Construction (RJC) confuses facts and conclusions. They are different. ��

• A fact is that RJ Construction and certain AISD employees traded e-mails.

• The content of those e-mails is another fact.

• RJ Construction’s allegation that those emails form a Chapter 271 contract is a legal conclusion and is entitled to no weight under any applicable case law.

• A conclusion is that Appellees believe the emails between the parties create a contract. Appellee’s Brief tries to muddle the two.

The Restoration Professional’s Relevance

For contractors, or anyone in the exchange of business, this discussion has relevance.

If two parties trade emails and discuss , at what point does the content of those interactions become contractually binding?

In this case, RJC concludes that the content of the emails met this level of obligation. From their perspective, they have been harmed by the school district not upholding its end of the bargain.

In contrast, AISD’s lawyer argues, “The reasoning as to why Appellee’s argument is wrong can be found in Abraham Lincoln’s quote: “How many legs does a dog have if you call his tail a leg? Four.” Saying that a tail is a leg doesn’t make it a leg.” Just because RJC believed that they had a contract does not mean that it is a fact. A party in a dispute believes that they have the right conclusion of the facts, but that does not make it so.

Unfortunately, the is not as easy to resolve as Mr. Lincoln’s simple observation. Contract language and business partnerships are more entangled. There may be even greater wisdom in the advice often given during marital disputes that one can be right or they can be happy. If the only way that one party will ever be “happy” is to have their conclusions completely affirmed, happiness likely will never be achieved. With some give-and-take, this case likely could have avoided litigation, and the court appears to agree as they ordered the two parties to mediation.

Jon Isaacson, known as the “Intentional Restorer,” is a contractor, an author, and the host of the ��. Jon speaks, writes, and coaches start-up phase owners and growth-minded restoration professionals through his organization, The DYOJO. Isaacson is the author of the Be Intentional book series for restorers. Reach him at ��iz@thedyojo.com. ��

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