If a restoration company causes additional damage, you have rights and recourse. You should document the new damage and contact the company immediately to discuss repairs.
If the company is unresponsive or refuses responsibility, seek legal advice or file a complaint with consumer protection agencies to address what happens if a restoration company causes additional damage.
TL;DR:
- Document any new damage caused by the restoration company.
- Communicate with the company in writing about the issue.
- If unresolved, consider legal action or filing a complaint.
- Understand your rights as a homeowner.
- Prioritize getting the new damage fixed properly.
What Happens if a Restoration Company Causes Additional Damage?
It’s a homeowner’s worst nightmare. You hire a company to fix damage from a disaster, only for them to make things worse. This can feel like a double blow. But don’t panic. There are clear steps you can take when a restoration company causes additional damage.
Understanding Your Rights
First, know that you are protected. Reputable restoration companies are insured and licensed. They are expected to perform their work competently. If they cause new damage, they are generally liable for the cost of repairs. This is a critical consumer protection. You shouldn’t have to pay for their mistakes.
Immediate Steps to Take
The moment you notice new damage, stop and document everything. Take clear photos and videos. Note the date and time. This evidence is your best friend. It will be essential if you need to prove the company’s fault. This is true regardless of the original issue, from water damage to fire cleanup. It’s also important to consider if the damage itself is related to other types of issues, like related causes of property damage.
Communicating with the Company
Your next step is to inform the restoration company. Do this in writing. An email or certified letter is best. State clearly what new damage you have observed. Attach your documentation. Ask them to come inspect the damage and propose a solution. This creates a paper trail. It shows you tried to resolve the issue directly.
When the Company Responds (or Doesn’t)
A professional company will typically acknowledge the issue. They may send an adjuster or supervisor to assess the situation. They might offer to fix their mistake. If they agree to make repairs, ensure the work is done to your satisfaction. Get it in writing that they are correcting their error.
However, sometimes companies are unresponsive. They might deny responsibility or ignore your communications. This is where things get more serious. You need to be prepared to escalate the matter. Don’t let them brush you off. Act before it gets worse.
What If They Deny Responsibility?
If the company denies fault, you have options. You can request a third-party assessment. This independent report can help verify your claim. You might also be able to file a claim with their insurance. This is why their licensing and insurance are so important.
Escalating the Issue
If direct communication fails, it’s time to consider stronger actions. Many homeowners find success by filing complaints. You can report the company to your state’s licensing board or consumer protection agency. These bodies can investigate and may impose penalties on the company.
For more severe cases, legal action may be necessary. Consulting with an attorney specializing in construction defects or consumer law is wise. They can advise you on the best course of action. They can help you recover the costs of repairing the new damage. This is especially true if the damage is extensive. It’s never okay for a company to leave you with more problems than you started with. This is similar to situations where you might wonder what happens if a restoration company leaves a job unfinished.
The Role of Insurance
Your homeowner’s insurance policy might also play a role. Sometimes, your insurer can step in to help mediate or cover the costs of correcting the new damage. You’ll need to review your policy and discuss the situation with your insurance agent. They can explain how your policy applies.
Types of Damage a Restoration Company Might Cause
Restoration work involves many delicate processes. Mistakes can happen at various stages. Understanding common issues can help you spot them.
During Water Damage Restoration
Water damage itself is tricky. Restoration crews use powerful equipment. They might accidentally damage walls, floors, or fixtures while removing water or drying the area. For instance, improper handling of equipment could scratch hardwood floors. Or, they might not protect certain items well. Some materials are particularly susceptible. For example, what happens to a stone or marble countertop after water damage can be severe if not handled correctly. They could also affect things like what happens to a bedroom floor after a long-term roof leak if not properly addressed.
During Fire and Smoke Damage Cleanup
Fire cleanup involves specialized chemicals and techniques. If not applied correctly, cleaning solutions can stain surfaces. Aggressive scrubbing might damage delicate finishes. Removing debris carelessly can also lead to new structural damage.
During Mold Remediation
Mold remediation requires containment. If containment fails, mold spores can spread to unaffected areas. This creates a larger problem. Improper removal of moldy materials can also cause physical damage to surrounding structures.
Impact on Building Materials
Certain building materials are more vulnerable. For example, what happens to spray foam insulation when it gets wet is a concern, and improper handling during restoration could compress or damage it. Drywall, wood, and electrical components are also at risk if restoration crews are not careful.
Preventing Additional Damage
While you can’t control everything, you can take steps to minimize the risk. Choosing a reputable company is the first and most important step.
Choosing the Right Company
Look for companies with proper certifications and insurance. Read reviews and ask for references. A company that takes its responsibility seriously will be transparent about its practices and insurance coverage. Ask detailed questions about their process.
Clear Communication and Expectations
Before work begins, have a detailed discussion. Understand the scope of work. Discuss potential risks and how they plan to mitigate them. Ensure you have a clear contract. This sets expectations for both parties.
Active Supervision
While you don’t need to hover, check in on the progress regularly. If you see something that concerns you, speak up immediately. It’s easier to correct a mistake early on. This is a proactive approach to property care.
Checklist: What to Do If New Damage Occurs
- Document Everything: Take photos and videos immediately.
- Notify the Company: Inform them in writing about the new damage.
- Request Inspection: Ask them to assess the damage they caused.
- Get a Written Agreement: Ensure they commit to repairs in writing.
- Consider Third-Party Assessment: If needed, get an independent report.
- File a Complaint: If unresolved, contact consumer protection agencies.
Conclusion
Discovering that a restoration company has caused additional damage is incredibly frustrating. However, by understanding your rights and taking prompt, documented action, you can navigate this challenging situation. Always prioritize clear communication and, if necessary, seek external help to ensure the damage is properly repaired. At Pompano Damage Experts, we understand the stress property damage brings. We are committed to restoring your home with integrity and care, aiming to prevent further issues and provide peace of mind.
What recourse do I have if the restoration company is out of business?
If the company is no longer operating, your options become more limited. You may still be able to file a claim against their insurance, if it’s still active. You might also be able to file a claim with a bonding company if they were bonded. If not, pursuing legal action might be difficult, but you can still report them to any relevant licensing boards for historical record. It’s important to have documentation of all interactions.
Can my homeowner’s insurance cover damage caused by the restoration company?
In some cases, your homeowner’s insurance might cover the cost of repairs for damage caused by the restoration company, especially if they are unable to rectify the situation themselves. It often depends on the specifics of your policy and the circumstances. You would typically file a claim with your insurer, who may then seek reimbursement from the restoration company’s insurance. It’s wise to get expert advice today from your insurance provider.
How long do I have to report additional damage?
There isn’t a strict universal deadline, but you should report the additional damage as soon as you discover it. Most states have statutes of limitations for filing lawsuits, which can range from a few years to much longer, depending on the type of claim. However, delaying notification can weaken your case, as it may appear you are not acting diligently. Do not wait to get get help.
Should I pay the restoration company if they caused additional damage?
You should withhold final payment until all damage, including the new damage they caused, is fully and satisfactorily repaired. If they demand payment and refuse to address their mistakes, you have grounds to dispute the invoice. It’s best to consult with a legal professional before making final payments in such situations.
What is the difference between accidental damage and negligence by a restoration company?
Accidental damage might occur despite the company taking reasonable precautions. Negligence, on the other hand, implies the company failed to exercise the level of care expected of a professional in their field, leading to the damage. Proving negligence often requires demonstrating a breach of duty of care. This is why thorough documentation and potentially an independent assessment are so important. It helps establish whether the damage was a simple accident or a result of carelessness. This distinction can impact liability and insurance claims. Understanding these differences can help you communicate your claim effectively.