Tips from the Restoration Industry Association for Restoration Contractors in Florida Arising from Hurricane Milton

October 9, 2024
Tips from the Restoration Industry Association for Restoration Contractors in Florida Arising from Hurricane Milton

Disclaimer
The following information has been developed to assist restoration contractors who are responding to Hurricane Milton. All users of this information are encouraged to refer to applicable federal, state/provincial, and local authorities having jurisdiction over the subjects addressed within this document. The RIA makes no representation or warranty as to, and is not responsible for, the accuracy, or validity of the information, or its application by any recipient of this document. The authors do not warrant that the information in this document is free of errors and the entire risk of the use of any information in this publication is assumed by the user. Feedback related to the following information is welcome and can be submitted to Kristy Cohen, CEO at kcohen@restorationindustry.org so that we may update and amend this document moving forward.

The Restoration Industry Association stands with its members who may have experienced personal and professional challenges arising from Hurricane Milton.  We also recognize that clean-up, restoration, and rebuilding will take time and want to assure our members that the RIA will be with you every step of the way. 

We realize that many of our members and their customers are also affected by Hurricane Helene which struck the State of Florida just a couple of weeks ago. Some cleanup and mitigation efforts have begun on properties that may also be impacted by Hurricane Milton.  Property owners and insurance carriers will be asking you to separate out damages from both storms so, hopefully, you have good photographic or other evidence to indicate the damages from Helene.   

  1. Work that was ongoing at the time of the storm. In counties that were declared Federal Disaster areas construction contracts with completion dates, work permits etc. that were either ongoing or set to begin at or around the time of the storm are automatically extended by 6 months.  Based on the degree of damage it is most likely this will also be extended.   
  2. Insurance coverage is not guaranteed, especially in cases where there was a combination of flooding, tidal wave action and wind either combined with or not with rain damage. 
  3. Conversely, there may be cases where there is more than one insurance policy that may be applicable. 
  4. Do not make any assurances to a potential customer regarding any insurance coverage.
  5. Because of questionable insurance coverage and possible multiple occurrences, it is important to include provisions in your repair contract with the property owner to ensure that you are paid for the work that you do. 
  6. Florida has specific rules regarding the solicitation of roof repairs, the ability of residential property owners to cancel contracts to replace or repair a roof within specific timeframes based on events that are subject of a declaration of a state of emergency by the Governor, and specific language requirements for contractors executing a contract during a declaration of a state of emergency to replace or repair a roof of a residential property. If your repair contract includes any real or potential roof repairs, you should include a provision indicating that the work was not solicited and ensure appropriate contract language has been added according to Florida rules. See Florida Statutes
  7. If you do any clean up, drying, demo and/or repair of properties that had flood water or other water that should be treated as if it was flood water make sure to comply with all OSHA and IICRC requirements.  If you are not already familiar with the IICRC S500 and S520 recommendations, you should do so immediately to not inadvertently violate proper repair processes.  In most cases these damages will be Category 3 water damage and therefore most likely contain hazardous substances.  Document your daily work logs and take photos to prove your compliance. See IICRC Standards
  8. Your repair contract should include an estimated cost of repairs and the method in which your estimate was/will be prepared (Time and Material, Xactimate, Claims Connect, home-grown program). 
  9. The actual costs will probably change between the time you prepare your estimate and the time you begin/end your repairs so make sure your contract includes the necessary provisions and that you obtain any and all change orders prior to performing the change order work. 
  10. If you plan to do restoration/construction work in Florida and do not have a valid Florida license, check with the counties you plan on doing work in to verify you comply with their requirements for a temporary license. 
  11. Mold remediation is licensed in Florida to an individual technician.  Also, Florida law requires that the person or entity that tests for any mold cannot be the same person or entity that removes the mold. 
  12. Many of the properties damaged in Florida should be tested for asbestos.  Florida also requires specific licenses for contractors to remove and dispose of asbestos. 
  13. Remember – your cost of doing business will be higher because of Hurricane Milton and your collection time for bills and invoices will be longer.  While you may be able to recoup some of your additional expenses on certain commercial projects you will be challenged on residential repairs.  According to the Florida Department of Financial Services approximately 30% of the claims from Hurricanes Ian and Idalia went unpaid by the respective insurance company. Proper paperwork, computer storage, photos and videos will be necessary to ensure your business successfully navigates repairs from Hurricane Milton.