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  • Mold waiver/release

    How many of you are consistently having your customers sign release forms , before you cut holes in walls stucco etc. Do you do it every time ,or just when you see water damage present.
    THE GLASS IS ALWAYS HALF FULL

  • #2
    Re: Mold waiver/release

    Originally posted by Crappy days View Post
    How many of you are consistently having your customers sign release forms , before you cut holes in walls stucco etc. Do you do it every time ,or just when you see water damage present.

    I write on the invoice "Does not include patching, painting or work of another trade" have them initial, then I proceed to locate and repair the problem. On large scale jobs, I write the No landscaping, electrical, or work of anyother trade. Same as patch, just no landscaping, and for concrete, although I am good at it, I always write, "rough patch concrete only" Hope this helps crappy....by the way I give free estimates (flat rate discussions)
    sigpic

    Robert

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    • #3
      Re: Mold waiver/release

      West coast, What I meant was do you or the other guys use a legal form to protect yourself against frivolous law suits. You know you cut the hole in the wall and then the home owner says you are responsible for the mold becoming airborne. Or why there cat died or dog like Ed Mcman.
      THE GLASS IS ALWAYS HALF FULL

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      • #4
        Re: Mold waiver/release

        Originally posted by Crappy days View Post
        West coast, What I meant was do you or the other guys use a legal form to protect yourself against frivolous law suits. You know you cut the hole in the wall and then the home owner says you are responsible for the mold becoming airborne. Or why there cat died or dog like Ed Mcman.
        I never mention mold, that is such a bad word!! If it is so bad that I feel uncomfortable, then I will stop within my first 12 inches and recommend them call California restoration or emergency services, but usually the only signatures I get are the ones described above. I remember 5-6 years ago I had a customer with an upstairs leak because his contractor played plumber a number of years before, his insurance company called some off the wall remediation company, they complained that I removed more then 12 inches of wall and spread spores, luckily the owner was nice enough and signed a piece of paper from them waiving the "air test". The whole mold thing is another "Thing" making it more expensive for us to do business. Like I said, I usually just keep my mouth shut, if asked, I just tell them I am not an expert, they need to call someone, and then I recommend them to California restoration, because California won't screw the plumber over
        sigpic

        Robert

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        • #5
          Re: Mold waiver/release

          The reason, I ask this is my Buddy just settled a law suit. This crazy lady blamed him for the spread of mold in her home. He is a dry wall contractor. At this job he cut out damaged drywall from a leaky roof, that she let leak for years. She said she had no Idea there was mold, even though the walls and ceiling were black. He took pictures before work was started and verbally told her of the mold damage. Although his attorney said because he did not have her sign a legal document it was better to settle then go to court. I have always had the waiver and release forms however, I usually only use them when I see mold or water damage present. The last mold seminar I went to they said you should always have them signed. Of course in an Ideal world everything would be done perfectly, how ever its kind of a nu sense to have every customer sign them, it can kind of freak them out sometimes. Not to mention sometimes tenants can use them to blow things totally out of proportion. I use gold coast restoration and have had complaints with them. Emergency once told my customer that that her or her animals should have died from a sewer leak( not to mention they were 3 grand more than Gold coast). I don't blame the company rather just the tech. I also have made it a point to never use a company that has hard worn women with mini skirts trying to get my business. Joe from Gold Coast showed up Once in a mini skirt with Pepsi. Although he said that was the first and last time.
          Last edited by Crappy days; 06-04-2007, 09:59 PM.
          THE GLASS IS ALWAYS HALF FULL

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          • #6
            Re: Mold waiver/release

            I would really love to hear some more feed back on this topic, especially from those of us who do service and repair.
            THE GLASS IS ALWAYS HALF FULL

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            • #7
              Re: Mold waiver/release

              i'm sort of with westcoast on this.

              since all of the work is done by me and the customer is more than a customer, i explain everything and so far so good. i don't have any forms to sign. i guess i could use my computer on the job and print something up if i really need to.

              i guess since i've never had an issue, there's always a first. but at this time i still feel that the whole mold thing is way to overdone. bring back asbestos. that was a no brainer

              rick.
              phoebe it is

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              • #8
                Re: Mold waiver/release

                Originally posted by Crappy days View Post
                I would really love to hear some more feed back on this topic, especially from those of us who do service and repair.
                I too need some type of protection from having my insurance pay for a homeowner and their attorny's full house remodel.

                Two days ago I was informed that a plumbing contractor friend of mine is being sued for a casting defect in a brass 90.You know the drill, emergency cleanup companie's first phone call is to the mold company.This happens long before the liable plumber is contacted,deliberately I imagine.
                Just like the hospital has to call law enforcement when there is a gunshot wound.Automatic

                I see this too getting worse before it gets better.

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                • #9
                  Re: Mold waiver/release

                  I believe first and foremost you should hire an Attorney who specializes in risk management and have him look at your current invoice. Just like the Attorney would be foolish to try and repipe his own home it is a foolish plumber who saves a few dollars by crafting his own legal documents.

                  Most of the cases you guys are talking about are Personal Injury cases which I try to stay away from. However, any time my shop ran into anything where we may have had some exposure from because we touched it I made sure the guys documented it and told the owner to get someone in to test it. Don’t try and get into the scientific explanation of what you think you found but make sure you cover your butt by advising them to seek professional help to identify and correct the problem.

                  An example might be if you open a wall and you find “organic growth” you should make the repair and then seal the wall with a sheet of plastic do not leave it open. The language will vary but your written invoice should include something like “Found what appeared to be organic growth within the wall cavity. Sealed wall penetration with a sheet of plastic and advised owner to contact an Environmental Hygienist for corrective actions”.

                  The owner is always a lay-person and the plumber is always considered a professional. The more you write on the invoice the more you protect yourself. However, unless you want to be considered a Mold Expert as well it is never mold it is always “organic growth” IMHO.

                  Mark
                  "Somewhere a Village is Missing Twelve Idiots!" - Casey Anthony

                  I never lost a cent on the jobs I didn't get!

                  Comment


                  • #10
                    Re: Mold waiver/release

                    as far as i know. insurance co's are not paying for mold. they do pay for water and sewage cleanup, but they don't pay or pay very little for mold.

                    since the insurance co is limiting their exposure, the homeowner is now going to have to go after us for their golden egg

                    problem is we are limited in the amount of damage. water i have 2 million. mold i believe is limited to 5 thousand?

                    try getting insurance to cover you for association work for a condo association or common area. i have it and it's always an experience every year to renew the policy due to being a plumber and mold

                    rick.
                    phoebe it is

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                    • #11
                      Re: Mold waiver/release

                      Rick,

                      I hired a Plumbing Copany to repipe a 750 unit condo project. Before the project was completed he needed to renew his insurance. His insurance premium went from $150,000 to $400,000 because he was doing condo work.

                      On the flip side I use to represent a plumber who would do two or three large new construction condo projects which were perfect and one which was horrible. His carrier finally put an exclusion on his policy against condos so he started doing large Apartment complexes. The problem is his track record ended up the same for Apartments. His problem was never the type of project it was always a staffing problem and he just never knew when to turn work down.

                      Mark
                      "Somewhere a Village is Missing Twelve Idiots!" - Casey Anthony

                      I never lost a cent on the jobs I didn't get!

                      Comment


                      • #12
                        Re: Mold waiver/release

                        I had my wife draft this for me several years ago, so I do not make any claims as to how well it will hold up in court. But I suppose its better than nothing.
                        THE GLASS IS ALWAYS HALF FULL

                        Comment


                        • #13
                          Re: Mold waiver/release

                          Originally posted by Crappy days
                          Sorry here it is.
                          C:\Documents and Settings\Owner\My Documents\My Pictures\131044.JPG
                          LOL-So how do I access your C: Drive and are you sure you don't mind?

                          Mark
                          "Somewhere a Village is Missing Twelve Idiots!" - Casey Anthony

                          I never lost a cent on the jobs I didn't get!

                          Comment


                          • #14
                            Re: Mold waiver/release

                            This is why my wife does not let me touch her computer.
                            THE GLASS IS ALWAYS HALF FULL

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                            • #15
                              Re: Mold waiver/release

                              Originally posted by Crappy days View Post
                              This is why my wife does not let me touch her computer.
                              Your wife sounds like one smart lady!

                              Mark
                              "Somewhere a Village is Missing Twelve Idiots!" - Casey Anthony

                              I never lost a cent on the jobs I didn't get!

                              Comment

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