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Florida Residential Contract for Service and Work Authorization

As detailed below, damage to the Property has occurred for which there exists the above insurance Claim. Owner wishes to and does hereby retain and authorize W 1 SERVICE (herein, “the Company”), to enter upon and inspect the Property, and to thereafter determine all work needed to mitigate further damage to the Property and correct existing damage to the Property, and in that regard, and without limitation, to prepare estimates, furnish materials, supply all equipment, and perform all labor as may be necessary to better, protect, repair, replace and/or restore the Property (all of the forgoing collectively herein, “the Work”). Owner hereby authorizes Company to begin work in Owner home/business and authorizes and instructs Company to submit their invoice directly to Owner insurance carrier. Owner also agree and authorize the use of commercial antimicrobial agents/products during the mitigation process to limit the growth of microorganisms. Owner understands it is beyond the expertise of Company to determine if someone is sensitive to its application and will hold Company harmless for its use.

DIRECTION TO PAY

Owner hereby directs, authorizes and instructs all insurers to issue payment for all or any part of the Work directly to Company from any and all monies/benefits/proceeds payable under any applicable insurance policies, up to the limit of the costs of services rendered or to be rendered by Company. Owner further directs that Company be named as a payee on any and all settlement checks and drafts,up to the limit of the costs of services rendered or to be rendered by Company, and that such checks/drafts be sent directly to Company. Owner hereby waives any contractual, constitutional, statutory, and/or common law limitations on said insurer(s) acting as directed herein. Owner makes this direction in consideration of Company’s agreement to perform the Work, and not require full payment at the time of service. Owner also hereby directs all insurance carrier(s) to release any and all information requested by Company, its representative, and/or its Attorney for the purpose of obtaining benefits to be paid by Owner’s insurance carrier(s) for services rendered or to be rendered. If a spouse or any additional named insured (other than a mortgagee) is not signing this Agreement, Owner represents that Owner has the permission and legal authority to act on behalf of such non-signer and to enter into this agreement on their behalf.

DIRECT PAYMENT AUTHORIZATION

Owner hereby authorize and give Company an Irrevocable Power-of-Attorney and express permission to endorse Owner name on any and all checks received from my/our insurance Company on Owner behalf for services provided by Company. Owner agree that any portion of work, deductibles, betterment, depreciation or additional work requested by the undersigned, not covered by insurance, must be paid by the undersigned on or before its completion. Owner also hereby authorize and unequivocally instruct Owner insurance carrier to direct payment/s of or proceeds up to the limit for services rendered or to be rendered by Company to Company.

EXCLUSIVE RIGHT

Owner hereby grants Company the exclusive right, but not the obligation, to perform the Work. To the extent this exclusive right is breached by Owner (a breach being defined as Owner receiving payment from an insurance carrier for all or any part of the Work and Owner refusing to allow Company to perform all or such part of the Work for the amount of the insurance payment), Owner shall be liable to Company for the costs of any services actually performed. Notwithstanding the foregoing, Company may decline to perform the Work and relinquish its exclusive right hereunder should Company determine, in its sole discretion, that the insurance proceeds are insufficient to fund the Work, in which case Owner shall be liable to Company for any services already performed.

LETTER OF PROTECTION

Owner authorizes and directs all insurer(s) to furnish Company with any and all information related to the Property, the Policy, the Claim, and/or the Work. Owner further authorizes and directs all insurer(s) to pay directly to Company such sums as may be due and owing for services rendered or to be rendered and to withhold such sums from any payment, settlement, judgment or verdict as may be necessary to adequately protect Company’s receipt of sums due hereunder. Owner gives Company a lien on the Claim for and against any and all proceeds of any payment, settlement, and/or judgment for which services have been, or are to be, rendered. Owner fully understands that Owner is directly and fully responsible to Company for all services rendered and that this agreement is made for Company’s additional protection and in consideration of, among other things, Company performing the Work, but awaiting payment for services rendered.

PAYMENT TERMS

Payment terms are on a net 30. Late charges of 1.5% will be charged after this time to any and all unpaid Balances. Company shall be entitled to reimbursement for costs of collection (including attorney’s fees) due by the insured/owner/agent/carrier and for cost of reasonable attorney’s fees and costs for the breach or enforcement of any terms for this entire service agreement. Should loss not be covered by Owner insurance policy and payment is denied by carrier, Owner agrees to pay the Company for their completed work, use of equipment and/or services provided to protect Owner property from further damages.

DEDUCTIBLE

Under statute 817.234 (7) (d) A contractor, or a person acting on behalf of a contractor, may not knowingly or wilfully and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor. The insured is legally responsible for any deductibles owed.

STOP WORK HOLD HARMLESS

Owner acknowledges and agree that in the event Company is unable to complete the recommended procedures including but not limited to the premature removal of drying and/or other equipment for reasons imposed by Owner or the carrier, Owner agrees to release Company from any liability for any damage or potential future damage that could develop due to such action and will hold Company harmless against any and all claims that may result from such action.

ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: CONSTRUCTION INDUSTRY LICENSING BOARD, 2601 BLAIR STONE ROAD, TALLAHASSEE, FLORIDA 32399-2215, PHONE 850.487.1395

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUBSUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

HOMEOWNER'S INFO

Name:

Phone #:

Email:

SERVICE ADDRESS

Street Address:

Suite #:

City:

State: Florida

Street Address:

ZIP Code:

Country:

DAMAGE INFO

Date of Loss:

Cause of Loss:

Billing Info:

Ins. Carrier:

Policy #:

Claim #:

I have read and understand the information above and have received a copy for my records.

Insured/Owner/Agent’s:

Name:

Date: July 27, 2024

Company:

Name: Dayanis Miranda, Manager

Date: July 27, 2024

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Signed by w1service Team
Signed On: August 1, 2023

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June 29, 2023 7:11 am EDT

Florida Residential Contract for Service and Work Authorization Uploaded by w1service Team - Lester@w1service.com IP 142.162.188.202

July 20, 2023 2:12 pm EDT