We sat down with Ben Cushman of Deschutes Law Group to discuss a few quick perspectives on the importance of Mechanics Liens in the construction and property restoration process. Ben has been practicing construction law for over 25 years, the last 5 of which have been with his own firm based in Olympia, Washington.
What is a Mechanics Lien
A mechanic’s lien is a guarantee of payment to builders, contractors, and construction firms that build or repair structures. Mechanic's liens also extend to suppliers of materials and subcontractors and cover building repairs as well. The lien ensures that the workmen are paid before anyone else in the event of a liquidation.
Liens are the best security a contractor has
Many general and restoration contractors have expressed some reservations regarding using or enforcing Mechanics Liens. According to contracts lawyer Ben Cushman, of Deschutes Law Group,
Liens are the best security a contractor has for non-payment, and it provides all kinds of strong remedies.
Mr. Cushman will be joining us for our January meeting of the Fellowship of Construction Knowledge and Entrepreneurial Development. He will help educate our peers on the proper use and execution of liens and attendees of the meeting will benefit from discussing the experiences of other contractors as well. This group is for Pacific Northwest, specifically Washington, based professionals who work in the insurance claims industry (i.e. contractors, adjusters, providers, etc.).
Mechanics Liens resources for contractors
DYOJO NATION ALERT!
Seasonings Greetings "Nation" from the Intentional Restorer. Santa put a note under the DYOJO Holiday Tree and asked that I share it with you. He asked if you have been naughty or nice in 2021? He said you should reward yourself and your key associates with a trip to the USA's #1 Snowbird destination next January 27th to 29th, 2022 America's Sunshine State!
If you are an IEP, Remediator, Restorer and/or engaged in the Mold and Water Damage Restoration industry then Deerfield Beach Florida is where you'll want to be the last week of January in 2022 to get educated and network with fellow Mold Assessors and Remediators! A couple of weeks ago I posted a trailer video of the Restoration Global Watchdog telling the DYOJO Nation that THE Florida Mold Conference known as AEML Winter Break was going to be Fabulous and to Be There or Be Square!
That video clip was taken from raw footage shot by me and Pete Consigli last 4th of July weekend in South Florida on a road trip after the RIA 75th Anniversary Diamond Convention. Today DYOJO Nation will be the first to preview the full-length movie of the Intentional Restorer and the Restoration Global Watchdog walking and narrating the Winter Break venue at the Deerfield Double Tree Hotel.
IF you are not convinced that being at Winter Break next January is the place to be, then you must like shoveling snow, scraping icy windshields, and bundling up to keep warm from the bone-chilling cold! I'll be there with the Global Watchdog doing a live stream DYOJO podcast from Winter Break, as will Cliff "Z-man" Zlotnik one of the OG's of IAQradio+ and even ISSA Media Director Jeff Cross of Straight Talk fame!
Come enjoy the education, networking, and the weather in the Sunshine State the last week of January, like the Restoration Global Watchdog says, "It will be Fabulous, Be there or be Square!".
Winter Break Agenda & Speakers
AEML Winter Break 2022-The Florida Technical Conference on Mold - Promo Video from The DYOJO
To all our friends and peers in the restoration industry who deal with mold assessment and/or remediation, what better excuse is there to get your butt to Florida in January than to network with some of the leading minds in this area of expertise?
As the OG Intentional Restorer, aka The Restoration Global Watchdog, Pete Consigli says, "Be there or be square."
Receive all 14 Florida MRSA/MRSR CEU’s in one weekend while enjoying leading industry speakers, sponsors, and so much more!
Subject Matter Experts and Nationally Recognized Leading Authority Speakers addressing the 2022 Winter Break Conference theme of the 4 M’s, “Moisture, Materials, Mold & Methodologies"
January 27th-29th 2022 Schedule & Ticket options
Registration Times for Event:
In August, we published an announcement in Restoration & Remediation (R&R) Magazine that we were looking for new project managers to sent copies of our third book to:
Jon Isaacson is wrapping up the first draft of book number three in the Be Intentional series titled, So, You Want To Be A Project Manager? Isaacson is looking for feedback from new project managers; those who have been in the role for a year or less. If you are a new project manager, Isaacson is sending out 10 advance copies of the book. This will be once they are printed. The target publish date is the end of October 2021. Isaacson has created a sign-up portal.
We received a great response from many more than ten project managers, training managers, and property restoration owners who were excited about the content of our book. This created some internal excitement at The DYOJO as it affirmed a need for some assistance in this area. So, You Want To Be A Project Manager? is a book about the mindset and habits for growth in the roles and responsibilities of project management.
As we stated in our release through Cleaning and Restoration (C&R) Magazine, we wanted feedback from project managers:
If you are a training manager and need some help inspiring as well as challenging your team, I think you will find this book to be of value to your efforts.
Mindset and habits for success in project managerment
The DYOJO is following through on their promise and these applicants will be receiving a FREE copy of our third book. We hope they will enjoy the book, put the principles to work, and provide us with some good feedback (including Amazon reviews and social media posts - hint, hint). The awardees are:
Training and leadership development for project managers
As soon as my author copies are in, I will be sending the 10 copies of our latest book, So, You Want To Be A Project Manager? to our 10 winners.
I hope you will all find this book to be helpful to you in your personal and professional development. If you want to help us promote the book, you can do a few simple things:
1. Please post a picture of yourself with the book for social media - this will help us get the word out. We are about as low budget as it gets with regards to marketing, so your post will help us boost that effort.
2. If the book is worthy, please post a review on Amazon, this helps the book searchers to find and have confidence in purchasing the book for themselves.
3. If you really enjoy the book, please subscribe to The DYOJO Podcast. We post on Thursdays at 9am PST - you can WATCH via YouTube or LISTEN via Spotify or Apple.
4. Let us know if you and/or your organization would be interested in setting up a zoom call or in person training on the mindset and habits for growth in project management.
The Xactimate Sessions from The DYOJO Podcast
File 003 - Fake it until you Xactimate it
The DYOJO Podcast Season 3, Episode 68
Guest: Nick Sharp, Consulting Specialist at Reets Drying Academy
If you can't estimate, you become a trainer. Right? Nick Sharp joins us on The DYOJO Podcast to share his experiences from cleaning carpets to learning to fake it until he made it as a reconstruction estimator. Nick shares how his positive mindset and consistent work ethic helped him to progress in his property restoration career. As Nick says, "I never went into anything thinking that I can't do this."
This week, on The Xactimate Sessions from The DYOJO Podcast, we sit down to discuss Xactimate with a restorer-turned estimator who transformed into a restoration industry trainer. Nick shares a few tips for aspiring professionals and growth-minded estimators, including:
The DYOJO Podcast is sponsored by Advocate Claim Service (ACS), "Where you can find solutions to claims that are causing you anxiety." David Princeton and his team are ready to help you navigate doubtful and disputed insurance claims.
If you are a business owner, manager, or intentional restorer, you will appreciate Nick's insights as well as this key question, "Why are we teaching estimators the program (IE Xactimate) instead of what is going to be profitable?" We supplement our discussion with Nick with clips and comments from many sources including
NEW BOOK ANNOUNCEMENT:
As this series develops, Gabriel J. Jones and I are transforming content from The Xactimate Sessions into a book that will release shortly after the podcast episodes are all released. This will be a great compliment to our first book, Be Intentional: Estimating. Please RSVP your copy today.
This book is intended for:
DEALS FROM THE DYOJO:
The DYOJO collaboration with DocuSketch offering a $200 discount on the initial hardware package to members of The DYOJO Nation who use the custom code "DS-DYOJO1".
The DYOJO Podcast, the official home of the DYOJO Nation as so declared by The Global Watchdog, Pete Consigli, exists to help intentional restorers to shorten their DANG learning curve for personal and professional development.
Jon Isaacson, The Intentional Restorer, was invited to present a breakout session for the 2021 IA Path Virtual Job Fair.
What is the IA Path Adjuster Job Fair?
The IA Path Adjuster Job Fair is an online platform for adjusters and companies looking for adjusters to find each other. This is adjuster-specific networking designed for insurance adjusters and those looking to recruit and hire insurance adjusters. https://virtual.adjusterjobfair.com
This is a twice-annual event. Dates for the two upcoming events are,
This event was created by Chris Stanley and his team. Chris was a guest on The DYOJO Podcast Episode 38 where, among other topics, we discussed how to work with an insurance adjuster's "box". Chris explained his process for working insurance claims in the automobile wing and how those principles can apply to property insurance as well.
For this presentation, How To Go Toe-To-Toe With A Contractor And Win Every Time During Insurance Claim Negotiations, we played off of the title of a presentation that Bill Wilson, author of When Words Collide, used to use to share his process for doubtful and disputed claims. We had the pleasure of diving into this topic with Bill and David Princeton (Advocate Claim Service), on The DYOJO Podcast Episode 48.
Sample dialogue from this presentation:
In insurance work, where Xactimate is the common estimating platform, the first step is to establish the agreed-upon scope (based on data capture) and then build an estimate that reflects this approach (data input). Thorough data capture leads to accurate data input. These are also fundamental elements of a contract. Insurance is a bit unique in this aspect, where the scope is negotiated between the contractor and the insurance carrier which establishes the agreed-upon scope whereby the contract between the customer and the contractor will be created.
The primary goal (aka the standard) for insurance claims repairs is: To restore the property to resemble pre-loss conditions, no more and no less.
This is the standard by which all efforts should be judged. This standard is critical to remember during all phases and starts with the estimating process. The property restoration estimator, insurance adjuster, and homeowner/insured should have a “meeting of the minds” to confirm the scope of work relevant to that standard.
The DYOJO Way of the Intentional Adjuster: Use this standard as your opening statement to the client as well as your introduction to the contractor, take the lead on the conversation and establish the process for your discussions. (Read more on The Standard)
In insurance work, the agreed scope of work is a foundational element. While many people focus on the price, in insurance the standard estimating tool is called Xactimate which helps create a common language between contractors and carriers. Xactimate estimates are constructed based upon quantities and are composed line by line and room by room. While Xactimate is often over-utilized as a guide for the insurance claims repair process, it is also blamed when either party doesn’t agree with the output.
Thorough data capture leads to accurate data input.
The software’s role should be understood as communicating a fair and reasonable price in relationship to the scope of work necessary: To restore the property to resemble pre-loss conditions, no more and no less.
The DYOJO Podcast airs Thursdays at 9am PST, you can WATCH on YouTube or LISTEN on Spotify. The podcast for the intentional restorer, helping you shorten your DANG learning curve for personal and professional development. thedyojo.com/listen
Jon Isaacson, The Intentional Restorer, is a 19 year veteran of the property restoration industry and a business coach through his organization The DYOJO.