The Attorney & Contractor Relationship Explored – London Crounse & Michael Dye
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Key Takeaways
Carriers don't have to talk to a contractor or public adjuster, but they respond fast to an attorney - claims that drag for a year can settle in weeks once a lawyer is involved.
On large losses, an attorney can stack treble-damage exposure (bad faith, delay, time), which pressures carriers to settle rather than litigate a multi-million-dollar claim.
Documentation is the contractor's loaded gun - Apex shot 4,000+ photos on one HOA job so the attorney could prove layers, labor, and cost and lay evidentiary foundation.
Finish agreed-scope work and fight over the rest later; sending an invoice that's under the original estimate makes the claimant look reasonable and the carrier's bad-faith meter climb.
Use the 'release all undisputed funds' demand - if the carrier can't give a reasonable basis to deny remaining line items, they're exposed to bad faith.
On an 80% coinsurance/underinsurance dispute, the contractor can provide both repair and replacement-cost estimates to argue the building wasn't actually underinsured.
Never pick the date of loss for the policyholder - present hail reports and let them choose; a wrong or carrier-chosen date can turn a million-dollar claim into a zero payout via deductible changes.
Decline redundant carrier 'mutual inspections' when damage is already documented - the worst accusation is failing to agree to a mutual inspection, which carries little weight.
Avoid UPPA accusations by stating facts, not opinions - 'the damage is here, it costs this, the policy says this' - and let the conclusions lead themselves; no one has ever been charged with UPPA.
The legislative fight: making public-adjuster fees payable by the carrier (like attorney's fees) so they don't come out of the policyholder's - and contractor's - profit.
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