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Home » Cross Examination: Restorers in Danger from Bad Legislation
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Cross Examination: Restorers in Danger from Bad Legislation
A special body of law must be enacted to address the unique circumstances encountered by the emergency service industry.
KEYWORDS restoration contractors / restoration lawsuits / restoration lawyer / restoration litigation
Disclaimer: This article is intended for general information purposes and is not intended to be legal advice. Legal issues should be presented to qualified counsel licensed to practice law in the jurisdiction where the events occurred.
This is the story of a hard-working restorer we'll call John. For 10 years, he poured his heart and soul into building a successful company and his work product and systems are superior to most of his competitors. He earned a contractor's license and a CR certification. He had happy customers, a sterling reputation, and no legal problems.
At 3 a.m. one morning, John received an emergency service call from an elderly widow we'll call Marge. Her home was flooded with sewage and she was in a panic. He was on site within 30 minutes, quickly earning her trust and giving her comfort. He explained his service and got her signature on a carefully-crafted one-page Emergency Work Authorization that he had used successfully on hundreds of jobs.
His team was extracting the sewage within an hour, and the project went off without a hitch. The authorization stated that the price of the job would be "per insurance estimate." The adjuster paid the invoice in full. Marge signed a Certificate of Satisfaction and was delighted with the work.
Unfortunately, when Marge moved back in, she forgot she had hidden her diamond ring in a shoe box on the top shelf in her closet when the crew arrived. She accused John of stealing it. When John denied it, she filed a complaint with the contractor's state license board. Fortunately, she found her ring and notified the board she was withdrawing her complaint, but the proverbial horse had the left the barn. The board had already opened a full-blown investigation into all of John's work practices and legal documents. The board's investigator concluded that even though the work was timely and properly performed, and that John did nothing dishonest, he had broken six different technical regulations he did not even know existed. He was ordered to pay $5,000 in civil penalties to the board and his contractor's license was suspended for what he considered to be "victimless crimes."
Under the current state of the law, the restoration industry must navigate a labyrinth of archaic laws generically written for the construction industry. These laws have no place whatsoever in the world of emergency mitigation service. They lead to disciplinary action by contractor's license boards, unnecessary litigation, high legal expenses, and loss of productivity. The cost of all this unnecessary activity is ultimately borne by the consumer—the very party these laws were intended to protect in the first place.
For example, for residential contracts, many jurisdictions require contractors to provide the exact final price of the work stated in dollars in cents, in writing, signed by the customer before any work begins. No exception is made for emergency service. In other words, time and materials contracts are illegal in those jurisdictions (including California), and voidable at the option of the customer. The draconian result is that emergency mitigation service can only legally be performed on a lump sum contract basis. The rule protects consumers from "bait and switch" tactics by contractors who can bid jobs without the time pressure and chaos of an emergency. They have the luxury of time to perform takeoffs, calculate labor and materials requirements, and prepare a lump sum quotation. But legislatures do not realize this is a pipe dream for emergency service work, and have ignored our industry almost entirely.
The lump sum pricing mandate puts the emergency service provider in a predicament of having to choose the lesser of three evils:
Pricing roulette: a good faith attempt to follow the ill-conceived law by pulling a number out of the air. If the number is too low, the restorer can get burned for the difference. If the number is too high, the customer gets "sticker shock" and hires a competitor (which is actually a better result than if the restorer had underbid the job).
Glass ceiling: breaking the law by quoting a "not to exceed" price or a price range (e.g., $5,000-$8,000). Those are not "exact" final prices and therefore illegal in those jurisdictions. If the price model is illegal, the entire contract is voidable at the option of the consumer and the contractor's license is subject to discipline.
Commando: breaking the law [even worse] by quoting no price at all, or stating that the price will be the price set forth in the insurance company scope. This allows the customer to file a court action to have the contract declared "void" and it subjects the contractor's license to disciplinary action. It makes a potentially-unfriendly adjuster the judge and jury on the restorer's invoice.
Many jurisdictions require contractors to firmly commit to a specific completion date for the work in a writing signed by the customer before any work begins. This creates the same sort of dilemma as with the guesswork required to state a price, explained above. How can the restorer know if the home was damaged by 1,000 gallons of water or 10,000?
Many jurisdictions require contractors to provide customers a three-day cooling off period to cancel the contract and demand a refund. But restorers often expend most of their resources in the first three days of an emergency service job. Under certain circumstances, the right to cancel can be waived, following a formal procedure that requires significant documentation which wastes time. Many states have gone overboard with contract requirements which elevate the anxiety of the already-stressed customer, strain the contractor/customer relationship, delay the start of work, and could potentially increase the chances of secondary damage.
New, more stringent laws, are now being enacted, and will catch many restorers by surprise, especially when OSHA starts showing up unexpectedly on more job sites and enforcing rules that were previously "relaxed." Perhaps OSHA has been laying low giving commerce a chance to grow after The Great Recession. We must prepare for an attack on the multi-billion dollar restoration industry, especially since the reputation of the industry is sometimes tarnished by negative press. I recently met a respected construction lawyer who said he used to represent restoration contractors. I asked why he stopped. I was sad to hear his response. He said "because they're a shady bunch."
Many industries have powerful lobbies, but the restoration industry is breathtakingly underrepresented and unorganized. The insurance industry has influenced many laws, as has the medical industry. In the 1970's, doctors in "liberal" California succeeded in getting a $250,000 cap on pain and suffering damages in medical malpractice cases. It has never been adjusted for inflation. A man went to a hospital for a nose job, but charts got mixed up, and he woke up with a sex change. He received a $250,000 check and an apology.
At a minimum, good people in the emergency service industry (like John) deserve some narrowly-tailored exceptions to laws written for general contractors. Applying generic construction laws to the emergency service industry is like making ambulances obey the speed limit for the general public. The industry is responsible for the health and safety of thousands of disaster victims every year, and is entitled to be treated fairly. Let us band together to fight for what is right. This will require a group of restorers to band together and pool resources to hire a lobbyist to push for some reasonable changes in the law.
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From Singapore to Arizona: Grad Student Wins Fellowship to Chase Childhood Dream
Embry-Riddle graduate student Yingyi "Amanda" Shen, who grew up in Singapore, has wanted to become an air crash investigator since she was a young teen. Now, a full-ride fellowship is giving her the opportunity to pursue her dream. Photos included here were shot before the Covid-19 pandemic necessitated the use of face coverings and social distancing. (Photo: Yingyi Shen)
Sep 24, 2020, 9:54 AM
Ever since watching a television show exploring air crash investigation as a young teen, Yingyi "Amanda" Shen knew what she wanted to do as a career.
"I became hooked on that series from then on and would tell others that I wanted to become an air crash investigator," said Shen, who grew up in Singapore.
Today, she is the winner of the International Society of Air Safety Investigators (ISASI)-Robertson Fellowship, which offers her the opportunity to conduct research on aviation safety, working with Embry-Riddle Aeronautical University's Robertson Safety Institute or within the Department of Safety Sciences on the Prescott Campus. The fellowship also includes full tuition, a monthly stipend and research-related travel funding.
Yingyi "Amanda" Shen earned her Bachelor of Science in Aeronautics at Embry-Riddle in 2019. She is now pursuing a Master of Science in Safety Science.
To Shen, the award opens many doors, including being able to interact with leaders and experts in the air safety field, as well as industry veterans who now serve as Embry-Riddle faculty members.
"I will be able to learn more than just textbook knowledge," Shen said. "The fellowship also provides me with the resources to work on my research outside of the regular curriculum."
Ed Coleman, director of the Robertson Safety Institute and chair and associate professor in the Department of Safety Science, said Shen's fellowship application got glowing reviews.
"(She) was an obvious choice for the ISASI-Robertson Fellowship for a number of reasons," Coleman said. "When she started the master's program, she brought an excellent attitude and genuine interest. She is well known in the program by the professors. The fellowship will allow her to interact with the national leadership of ISASI as well as attend industry conferences and present her research. These interactions should help her in pursuing her ultimate goals."
Shen earned her Bachelor of Science in Aeronautics at Embry-Riddle in 2019 and then enrolled in the Master of Science in Safety Science program.
"When I knew I wanted to pursue a career in aviation, this was the college that I knew I had to go to for my education," Shen said. "I was absolutely sold on the fact that the Prescott Campus has its very own crash laboratory."
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Lagos State Government to install 10,000 CCTV cameras
The Lagos State Government on Monday disclosed an ambitious plan to deploy 10,000 close-circuit televisions (CCTVs) to stem the incidence of crime and insecurity in the megacity.
The state government also disclosed that it would borrow a whopping sum of N119.714 billion from internal and external sources including the World Bank to fund the 2016 appropriation bill, which the state governor, Mr. Akinwunmi Ambode signed into law yesterday.
The Commissioner for Economic Planning and Budget, Mr. Akinyemi Ashade unveiled the plans at a news conference he addressed at the State House, Alausa alongside his counterparts, Mr. Mustapha Akinkunmi (finance) and Mr. Steve Ayorinde (information & strategy) among others.
The signing of the 2016 budget was witnessed by some members of Lagos State House of Assembly led by Chairman of the House Committee on Budget & Planning, Hon. Rotimi Olowo and some federal lawmakers led by a senator representing Lagos West Sen. Olamilekan Solomon.
But at the news conference, Ashade pointed out the state's Smart City project, which he said, was targeted at deploying technology to fight crime and enhance security across the state.
He said the project was designed to increase the coverage of CCTV installations in the state with the target to deploy over 10,000 active cameras that would be connected to broadband in the space of four years.
Credit: ThisDay


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Our weekly Trans Support Group welcomes trans people of all ages into our safe-space environment to get to know other trans people, have dinner, and have a group discussion in a safe space.
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School Principal Retirement Poems
I wrote these principal retirement poems for all of us to appreciate the hard work of school principals.
At their desks, students learn and study and take tests and pass and then, hopefully, graduate.
In their classrooms, teachers plan and teach and test and grade.
But who runs the whole school?
That's the job of the principal - and his helpers.
Having worked with different school principals - because I'm a teacher myself - I became aware of just how difficult it is to run a school.
It's not an easy job. Principals have many responsibilities and challenges in their line of work.
On the other hand, principals have a lot of influence. They set the direction of the school. They are leaders. They can inspire and encourage us to greatness.
Over the years, the work of the principal affects the lives of many parents, teachers, and students. Especially, when it's time to retire, the principal deserves our appreciation.
And a well-earned rest!
You are welcome to use and share these principal retirement poems,
provided you follow the Poem Terms and Conditions.
220. We All Agree!
(This poem can be read in choral parts.)
We parents thank you.
You help our children
Become wise and true
Young men and women.
We teachers thank you.
To work as a team,
You have been the glue,
For full ahead steam.
We students thank you.
You have been the guide.
Together anew
In our school take pride.
We all will miss you.
You deserve a rest.
And whatever you do,
We wish you the best.
221. Like an Eagle, Soar!
You're an eagle. Again you fly.
It's time we sadly say good-bye.
Yet really, you deserve our cheers,
As our principal all these years.
Like the eagle, you inspire,
You give courage to go higher,
You've given all, your very best,
Now it's time for some well-earned rest.
When you're principal no more,
Spread wide your wings. Feel free to soar.
"Ever onwards!" It's your best part,
It's why we'll keep you in our heart.
222. A Moment Please
A moment please, for just a word,
Is it true what we now have heard?
It's a bit much to be believing,
That soon you will us be leaving.
A moment please for just a tear,
When we should really give a cheer,
You always lend a helping hand,
In tough times behind us you stand.
A moment please, for just a thought,
On all the good things you have taught.
Thank you for a good work finished,
May it go on undiminished.
A moment please, for just a prayer,
To leave you in the best of care,
May you be blessed in all your days
God reward you now and always.
You are welcome to use and share these principal retirement poems, provided you follow the Poem Terms and Conditions.
More Poems for the School Principal
Many of these principal retirement poems can be used and adapted for teachers, or teachers retirement.
And vice versa. Many of the teacher poems and teacher retirement poems can also be used for principals. That's because ...
Well, let me put it this way. Is your principal a teacher? Chances are, he or she is either now a teacher, or was a teacher before becoming a principal.
And if you still can't find a short retirement poem for a card or note, you can look through the many short retirement limericks poems to find one that is suitable.
Being a Principal is not Always an Easy Job
You might think it's a really fun easy job being the principal. You're in charge, and you don't have to teach.
Very often, that's just not the case.
Principals can be very busy indeed. They work with teachers, parents, and students to keep things running smoothly. Not counting the coaches, bus drivers, janitors, office assistants, workers, suppliers, cafeteria workers, etc. They coordinate schedules, make arrangements for special events, handle problems of all kinds, and often get to school early and work late.
If teachers get sick, they often have to find a substitute, or fill in themselves.
In the private school I taught at, the principals I worked with over the years were also regular teachers in their own classrooms. And many of them did not have any assistants! They were very busy indeed.
We had to really work as a team to get everything done.
Stories Inside the Principals Office
Have you ever been called into the principal's office? I have. Lots of times.
The principal's office is not always a bad thing. Unless you're in trouble.
I remember one time as a student in 2nd grade in a public elementary school. I got sick, so my teacher brought me to the principal's office. I usually walked to and from school, but this time I had to wait until my mother came to pick me up and drive me home.
And then, many times as a teacher, I met with the principal in his office, usually by myself, but sometimes with other teachers!
That's because there's a lot of things that need to be planned and co-coordinated for the school, the classes, the schedule, and the special programs to run smoothly.
A Sense of Sadness
Teachers and students can get used to the classroom. Because we spend so much time in it, it can even become like a second home.
Each year you clean out your desk at the end of the school year. Then there comes a time that you clean out your desk for the very last time..
What about the principal or teacher who has spent many years doing what they love, and now it's time to say good-bye for good?
This can bring back many, many memories ...
Yet a Time of Celebration
As sad as it is, there's also cause for rejoicing. The work of education continues on. Each generation, each school year, each teacher, each principal, builds on the work of the previous one.
The beauty of working in the education field, is that we keep laying foundations that we and others can keep building on.
By being faithful to our calling, our commitment, our work, and our daily tasks in the education field, we are serving not only the present generation, but generations to come.
We are working for a cause, we are building the foundation for a structure, that is much bigger than ourselves, and that sooner or later, will reap great rewards.
Go to Poems about Retirement.


1) Color correction. The color is beautiful and true to life. It looks like you are really there. My own models look much better as a result of this new backdrop.
2) Clarity. The imagery is fairly sharp.
3) Angle. These pictures were taken for the most part from a straight-down point of view. This helps in making the models and creating a realistic atmosphere.
4) Consistency. Covering a large area (I haven't found the edges yet) this new imagery is seamless and again, helps to make the area look very real.
It is satisfying to see a model you've created appear in Google Earth, especially when you've made it with care. My model of the Orloj in Prague (hybrid SketchUp/Building Maker model) just became one of Google Earth's newest.
I had fun using GE's weather and sun features to "revisit" the Orloj at night and with more sunny weather than when I actually visited it (see screen caps).
Download the model and watch the tour-- be sure to have your audio turned on and you'll be amazed! Thanks to Aerilius, modeler who never fails to surprise.


Conceptual Image Of Gravitational Waves is a photograph by Mark Garlick which was uploaded on July 24th, 2016.
In physics, gravitational waves are ripples in the curvature of spacetime that propagate as a wave, traveling outward from the source. Predicted to exist by Albert Einstein in 1915 on the basis of his theory of general relativity, gravitational waves theoretically transport energy as gravitational radiation. As objects with mass move around in spacetime, the curvature changes to reflect the changed locations of those objects. In certain circumstances, accelerating objects generate changes in this curvature, which propagate outwards at the speed of light in a wave-like manner. The illustration shows a pair of neutron stars orbiting each other very closely, sending gravitational waves pulsing along the 'skin' of spacetime.
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https://vimeo.com/euatun
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EU at UN New York – News & Events
Delegation of the European Union
to the United Nations - New York
The UN and the EU
EEAS homepage > UN New York > Gender Transformative Approaches
Gender Transformative Approaches
New gender approaches to achieve much needed change for a sustainable society
Today, the 3 Rome-based UN Agencies, together with the European Union launched the funded programme "Scaling up Gender Transformative Approaches to Eradicate Hunger, End Poverty, and Promote Sustainable Agriculture".
"I have difficulties to speak about this as a women's empowerment or gender equality policy, it's about basic human rights" said Ambassador Jan Tombiński.
The Ambassador highlighted that gender requires an approach that goes beyond agriculture and access to profit, it's about social equality and inclusiveness that are crucial to achieve a peaceful environment and that conventional gender-sensitive methodologies often fail to address the gender-based causes of food insecurity and chronic hunger and for this reason the European Union has decided to fund this transformative approach that addresses root causes of gender inequality. Furthermore, the Ambassador explained how these GTAs (Gender Transformative Approaches) are embedded in the European Union external policy in supporting partner countries around the world in their efforts to secure peace and promote their stability. He stressed that these transformative approaches constitute valuable tools to increase a sustainable social environment.
"Investing in women means to invest in peace as they have a key role in achieving a peaceful and cohesive society" concluded Ambassador Tombiński.
UN Rome
Press and information team of the Delegation to THE HOLY SEE, ORDER OF MALTA, UN in Rome
Outcomes of the 41th session of the Human Rights Council from an EU perspective
Celebrating diversity – the EU stands up for LGBTI rights
Human Rights Council discusses the situation in Syria
Geneva discussions on humanitarian affairs
EU priorities for the 41st session of the Human Rights Council
FAO Survey Outcomes on Sexual Harassment: Informal Seminar to the FAO Permanent "It's not about the statistics, it's about the people"
"The key to delivering the FAO's aims? Sustainability"- Catherine Geslain-LanéelleCatherine Geslain-Lanéelle – the candidate supported by the EU, for the position of Director-General of the UN Food and Agriculture Organization, is no stranger to the many and complex challenges facing the next Director-General.
Message by the EU High Representative Federica Mogherini on the occasion of the celebration of "EU- UN 40 Years TOGETHER in Vienna""40 years ago, Vienna became one of the global capitals of multilateralism and international cooperation. And from the very first moment the European Union was there to work side-by-side with the UN, with its agencies and with the OSCE."
Water is life… every drop counts... cherish it!Water is not to be taken for granted. 2.1 billion people across the globe lack access to drinking water. On World Water Day, we remember how much access to sufficient, safe, drinkable, physically accessible and affordable water is a precondition for a decent life. The fundamental human rights to
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Il termine Timna può essere riferito a diversi ambiti:
 Timna – processore Intel sviluppato fino al 2001 ma mai arrivato sul mercato.
 Timna (concubina) – concubina citata nella Genesi.
 Timna (città) – città nello stato di Israele.
 Timnaʿ – Variante, preferita da N. Rodokanakis, di Tamnaʿ: capitale dell'antico Qataban.

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The logo of German car maker Volkswagen is seen at the IAA truck show in Hanover, September 22, 2016.
A federal judge in San Francisco on Tuesday said he is "strongly inclined" to approve a record-setting $10.033 billion proposed buyback and compensation offer from Volkswagen AG (vlkay) for 475,000 owners of polluting 2.0-liter diesel vehicles.
Owners, lawyers and others appeared before Breyer during a hearing raising arguments about why they think Volkswagen is failing to offer enough money for buybacks or refunding for other out-of-pocket costs like extended warranties, maintenance and government licensing fees. VW has agreed to spend up to $16.7 billion to address its so-called U.S. "Dieselgate" costs.
Breyer also on Tuesday granted preliminary approval during the three-hour hearing to a $1.21 billion settlement with VW's U.S. brand dealers. He also stressed the urgency of VW reaching agreement with regulators on a resolution for about 85,000 polluting vehicles.


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