Restoration Frustration

Originally posted 2009-03-27 09:00:00.

For this week’s Guest Post Friday, Musings is privileged to have a good friend Rick Provost weigh in. Rick has over 20 years of experience helping to build the country’s largest design/build franchise network specializing in exterior home improvement. Formerly the President and CEO of Archadeck®, Rick now provides his franchising expertise through The Consultancy, a consulting firm specializing in business systems development for contractors. Rick also is a facilitator, coach, and consultant for Business Networks, a peer-review network for remodelers and insurance restoration contractors, and a columnist for Remodeling Magazine Online.

While at a recent conference of the Restoration Industry Association (RIA), I heard several contractors complain about remodelers and home builders attempting to get into the insurance restoration business. With head-shaking disdain, they remarked that the restoration business isn’t as simple as builders think. And they’re right.

But that’s not what some would have us believe. Shortly after the conference, I found a Website advertising a book that would teach contractors the Six Easy Steps to becoming an insurance restoration contractor, including how to achieve a remarkably precise 87.62% bid success rate, with HUGE PROFITS. BIG, FAT, WONDERFUL 20% to 40% PROFITS!

A few of these “easy steps” remind me of the first half of comedian Steve Martin’s joke about how to become a millionaire and never pay taxes: “First…get a million dollars.”

Easy Step 1 is to “Establish a relationship with the proper insurance company ‘insider’, known as an adjuster.” Go ahead and establish that relationship. However it helps to have knowledge of the special procedures unique to restoration work. Easy Steps 2 through 6 are to analyze the damage, perform the repair cost analysis, obtain an agreed scope and price from the insurance adjuster, set up the contractual relationship, and then proceed with the repairs. Bingo!

Let’s isolate just one of those “easy” steps. An insurance estimate is scoped and priced differently than a remodeling job, usually using the Xactimate software program, which requires special training. If you’re a participant in an insurer’s program, they will pay your cost based on Xactimate’s pre-set values plus 10% markup — not margin — for your overhead, plus 10% for profit. (Pause for laughter.) Money is made in this business, to be sure. But could you make money in your business if you used that formula, literally?

Now, perhaps I’m being cynical. Maybe it is easy to dive into 24-hour emergency response and restoration of water, smoke, and fire damage. Maybe you have the equipment to perform content inventory and pack-out, fire damage demolition, smoke mitigation, mold remediation, gray and black water mitigation, and even (shudder) trauma scene cleanup. But I’ve made my point. Restoration work is a completely different animal than remodeling.

Different, that is, until you get to the “put-back” or rebuilding step. This is where the remodeling industry intersects with the restoration industry. Put-back means what it implies–replacing the structure and finishes to their original state: framing, insulation, drywall, trim, flooring, painting, and so on. Margins are typically lower than for mitigation work because put-back requires management and technical skills that cost more in the marketplace. This would obviously dilute a restoration contractor’s blended margin if he carried the fixed costs necessary to perform that kind of work. Therefore, many choose not to pursue it. But it’s also the type of work that matches a remodeler’s skills and resources.

Given the state of the remodeling industry right now and for the foreseeable future, this may present an opportunity for you to subcontract for a local restoration firm that does not currently perform the put-back portion of insurance claims work. The difficulty will be in convincing them that their company’s good name will not be tarnished by your failure to perform acceptably. That’s a hot-button issue, as their business relies on maintaining a satisfactory reputation among the insurance adjusters who feed them work. One bad job could undo years of goodwill.

So if you can demonstrate why there would be no risk in subbing to your company; or if you’re willing to become an employee, there might be an opportunity for steady work through this protracted slowdown. After all, fires and burst pipes don’t care about the economy.

(P.S. The second half of Martin’s joke is “Then say… ‘I forgot!’”)

The Need for Quality Construction at the Outset

Originally posted 2014-05-02 09:00:06.

For this week’s Guest Post Friday here at Musings, we welcome Erik W. Peterson.  Erik is the President of OAC Management Incorporated, has over 25 years of experience in the development and construction industry, and is the author of the book Taming the Squid—Organizational Sustainability/Surviving the 21st Century, © 2009, and Managing Editor of the book, A Guide to Construction Quality – The 7 Steps to a Proper Assembly © 2014. Mr. Peterson has also written 1-day and 2-day training courses for Quality Assurance Observation Certification. He is a frequent speaker at Colorado State University to their Construction Management Capstone Program and lives outside of Vail, Colorado.

Mr. Peterson earned a Bachelor of Arts degree in Industrial Technology from the University of Wyoming, completing a Masters in Christian Liberal Arts from Chambers College, and taught high school Electronics and Applied Physics.

Mr. Peterson has been married for 32 years to his wife Lorrie and they have two grown daughters.

As many of you are aware, there is generally a long tail of construction defect claims that follow an economic boom. A manifestation of that cycle occurred after the economy fell in 2008. The International Risk Management Institute (IRMI), reported in 2011 that we spent $3 billion in Construction Defect claims in 2010 alone – that we know of. Many forensic engineers and architects believe that number is probably 10x that as many a CD claim never gets filed or simply gets settled before it goes to court.

Continue reading The Need for Quality Construction at the Outset

Green Lighting and Sustainable Construction

Originally posted 2010-09-24 09:00:29.

For this week’s Guest Post Friday, Musings is excited to delve into the lighting expertise of a good friend, James Bedell.

First off, I want to thank Chris for the wonderful opportunity to post on his blog. Chris is one my key sources when it comes to sustainability and the ever changing world of “green” here in the US. As my friend Vik Duggal has said in the past the attorney will be the super hero of the green movement. Chris Hill is definitely part of my personal super friends league.

He asked me to jump in and discuss the concept of green or sustainable lighting design. The topic is massive so I wanted to give you all an overview if where sustainable lighting design is and how the lighting industry is moving to respond tithe challenges of “green” design.

I’ve been a professional lighting designer for over 9 years. Working first in entertainment and now on architectural lighting. I belong to no professional guild or organization for lighting designers, mostly because I do not whole heartedly agree with the political or philosophical statements of the major industry groups. Therefore the following will be my views on the industry writ large and not a regurgitation of the talking points of any given professional organization.

The lighting design industry had taken a reactive rather than a proactive approach when it comes to sustainability. Rather than leaping forward and challenging their counterparts to be more sustainable, lighting designers have fought for wide ranging choice when it comes to lighting sources. The most famous example is the IALD’s fight against the phasing out of incandescent light bulbs. As the government was moving to phase these inefficient sources out of the market place, lighting designers struggled to maintain them as a possible choice. Lighting Designers are generally curious people by nature and are always ready to explore new options, but many, I fear, also want to retain all of the choices they’ve always had, including unfortunately, the least efficient.

The counter-active force to lighting designers when looking at the industry as a whole are the lighting manufacturers. They are in a race to “out-green” one another and find themselves caught in the middle of two competing tensions. One is the market’s race against the clock to see who provides the most energy efficient lighting sources and fixtures. The other are lighting designers/specifiers constant demand for better quality light sources and fixtures. Generally, in a war between art and commerce, art loses. Such is the case when it comes to lighting fixtures and LEDs. According to Petersen Parts, LED technology is the next wave, there is no question that not only is it the prominent lighting technology, and it’s likely to be the primary source of lighting in the electrified world over the course of the 21st century. It’s going to fundamentally change the way we design light into interior spaces and how we expect light to function in the coming century. Yet, the technology is still not perfect, not by a long shot.

Every project large and small falls somewhere on these spectrums between having the most energy efficient lighting (think WallMart) and having the most beautiful (think of the last high end restaurant you went to in a major metro area). The next generation of lighting designers will heed the call to finding the middle ground between perfect light and energy efficiency. This will be the great challenge of the 21st century lighting specifier and designer. While some see this as the death-knell for an industry (lighting design) I see it as a major opportunity for designers to make their mark, being selective about the tools they use, and then astounding observers with the final results. I believe that beautifully designed lighting isn’t wasteful, it’s well thought out, abundant where appropriate and beautiful to live work and play in. Lighting Designers bust become as resourceful in their design work as manufacturers are when it comes to incorporating the latest technology, and they must be no less willing to experiment and fail.

One final thought in closing, this little essay only describes two legs of the sustainability stool. Specification/Design and manufacturing, but the most important part of all this is the end user. The person who has to live with these light sources or work underneath them, or change them when they burn out. Lighting design integrity and maintenance is the gaping hole in sustainability of lighting today. All light sources have a life cycle; they all must be replaced and maintained in field. In order to maintain proper design integrity lighting must be maintained by trained professionals and diligent facilities managers. Without it, designers and manufacturers will always be in the dark when in comes to “green.”

As always James and I welcome your comments below. Please subscribe to keep up with this and other Guest Post Fridays at Construction Law Musings.

Communicate Right: Communicate and Write

Originally posted 2015-02-09 09:51:26.

For this week’s Guest Post Friday, we welcome back Melissa Dewey Brumback.  Melissa is a North Carolina construction lawyer and a partner at Ragsdale Liggett in Raleigh. She mostly represents architects and engineers in construction-related lawsuits. She also guides owners, developers, general contractors, and designers in drafting effective, efficient contract documents to minimize risk before projects commence. She can be reached at her blog, www.constructionlawNC.com, at mbrumback@rl-law.com, or at 919-881-2214.

The single biggest problem in communication is the illusion that it has taken place.

George Bernard Shaw

Communication in this day and age happens fast and often. Or does it? Problems can arise when people misunderstand one another. On a construction project, such misunderstandings can lead to multi-million dollar damages. With proper communication, however, you can stop a problem from becoming a lawsuit.

Continue reading Communicate Right: Communicate and Write

Where Do We Go From Here?

For this week’s Guest Post Friday, I welcome an old friend and past Guest Post Friday contributor, Mike Collignon. Mike is the Co-Founder and Executive Director of the Green Builder® Coalition. He engages in national and state-level advocacy and publishes regular content for Green Builder® Media. Mike is also the Chair of the WERS Development Group and has served as the moderator or host for Green Builder® Media’s Impact Series webinars from 2012– present.

This post originally appeared on Green Builder® Media’s Code Watcher.

Do you ever have a line from a song just pop into your head? I get that… a lot. It’s probably due to my lifelong love of music. Anyway, while I was researching this column, the line that cites the title of “Where Do We Go From Here?” by Filter started playing between my ears. You’ll see why in a couple of minutes.

In case you didn’t read about it here or elsewhere, the IECC development process has undergone an overhaul. It is now following a standards process, yet it retains the word “code” in the name. The residential committee (which is the scope of this column) is now a consensus committee and has been greatly expanded. Proposals are still submitted, reviewed and voted on by the committee. On the surface, it doesn’t sound like much has changed. As they say, the devil is always in the details. Continue reading Where Do We Go From Here?

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