Insurance Claims Assistance

Description of Services: By signing this Agreement, the Property Owner(s) authorizes Stormfront Construction LLC to provide contractor services including property inspections, site assessments, damage documentation, photography, construction estimates, repair bids, satellite imagery, drone services, equipment access, and other research related to the property. Stormfront Construction LLC may document observed conditions and assist in defining the necessary scope of repairs based upon industry standards and accepted construction practices. Stormfront Construction LLC may also consult on the technical requirements for restoration and provide expert data, documentation, and findings regarding deficiencies in property, structures, and building materials resulting from weather events, workmanship issues, manufacturing defects, or warranty-related concerns. Such information may be provided to third parties, including insurance carriers, manufacturers, warranty providers, mortgage companies, or other interested parties for informational purposes. Stormfront Construction LLC agrees to act in the best interests of the Property Owner(s) when preparing and providing construction-related documentation but does not represent, adjust, negotiate, settle, or determine insurance claims and shall not be liable for any decision, coverage determination, payment, denial, or settlement made by any third party.

To My Third-Party Company

Property Owner(s) gives the authorization without further approvals to the Third-Party Company to openly discuss your findings and to provide all documentation, estimates, measurements and findings to Stormfront Construction LLC.

Assignment of Benefit Directive to Pay

Property Owner(s) has agreed, by his/her signature hereon, to direct the Third Party to make all checks paid under this claim to the Property Owner and to Stormfront Construction LLC jointly. As In Pilkington North America Inc. v. Travelers Casualty & Surety Company, etal., the Supreme Court of Ohio noted that “insurance policies are generally construed such that assignment of an interest is valid after the occurrence of the loss insured against, and the assignment is then regarded as a transfer of the chose in action . . . .”. This AOC was put in force after the DOL which makes it valid on this specific loss even if an anti-assignment clause is present or not.

Acceptance of Service Agreement

Property Owner(s) must pay a $1000 deposit to Stormfront Construction LLC within 10 days after receiving the first payment from the third party for the covered repairs. Payment will be made per the third-party summary sheet/estimate along with applicable overhead and profit. Items not covered by your third-party (upgrades/change orders/non-recoverable depreciation/partial replacement of items) must be approved by the property owner(s) prior to any installation or signing of Construction Agreement. Property owner(s) agree to allow Stormfront Construction LLC to perform all repairs prescribed by the third party with no additional cost to the property owner other than the policy deductible or per the Construction Agreement. The claims assistance service is no cost, contingent on the homeowner hiring Stormfront Construction LLC as the restoration company for this claim.

Term.  This Contract will begin on the Effective Date and shall remain in effect until completion of the Services ("Termination Date"), unless terminated earlier as outlined in the Termination section below. Either party may alter the Termination Date by mutual written consent.

Termination.  Either party may end this Contract prior to the Termination Date, with or without cause, upon 3 days' written notice to the other party ("Early Termination"). Upon Early Termination, the Provider shall receive a pro-rated payment for the Services rendered prior to the Early Termination Date. An email notice to the other party will suffice.  If after the claim is approved the homeowner decides to hire another company, Stormfront Construction LLC will be owed $3500 as liquidated damages due to time spent, administrative & overhead costs, and loss of other business opportunities. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 24.00 percent per year, or the maximum percentage allowed under applicable Ohio laws, whichever is less.

Warranty.  The Provider shall provide the Services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the Services which meet generally acceptable standards in the Provider's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to the Provider on similar projects.

Default.  The occurrence of any of the following shall constitute a material default under this Contract:

(a) The failure to make a required payment when due.

(b) The insolvency or bankruptcy of either party.

(c) The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency.

(d) The failure to make available or deliver the Services in the time and manner provided for in this Contract.

Remedies.  In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including, without limitation, the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 15 days from the Effective Date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such a time period shall result in the automatic termination of this Contract.

Force Majeure.  If the performance of this Contract or any obligation thereunder is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party who is unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, but not be limited to, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm, casualty, illness, injury, general unavailability of materials or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remedy such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Alternative Dispute Resolution.  The parties acknowledge and agree that they have considered and intentionally decided  to include any alternative dispute resolution (ADR) procedures, such as arbitration, in this Contract. Any disputes, controversies, or claims arising out of or relating to this Contract will be resolved through ADR then  litigation in the courts of Ohio.

Relationship of Parties.  The Provider is an independent contractor with respect to its relationship to the Recipient. Neither the Provider nor the Provider's employees is or shall be deemed for any purpose to be an employee of the Recipient. The Recipient shall not be responsible to the Provider, the Provider's employees, or any governing body for any payroll taxes related to the performance of the Services. Upon request, the Provider will provide evidence of appropriate insurance coverage for workers' compensation and general liability insurance.

Entire Agreement.  This Contract contains the entire agreement of the parties with respect to the subject matter contained herein. No other promises, warranties, representations, agreements, or understandings, whether oral or written, exist concerning this subject matter. This Contract for Services supersedes any previous or simultaneous oral or written promises, warranties, representations, agreements, or conditions between the parties.

Severability.  If any provision of this Contract shall be held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid, illegal, or unenforceable, but that by limiting such provision, it will become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Amendment.  This Contract may be modified or amended if the amendment is made in writing and is signed by both parties.

Notice.  Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

Waiver.  The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

Attorneys' Fees.  If there is a dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.

Construction and Interpretation.  The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.