Protecting Yourself Against Unlicensed Contractors in Florida

August 26th, 2010

Each year homeowners and businessmen lose hundreds of thousands of dollars, not to mention the mental stress, to uncertified (unlicensed) contractors and craftsmen posing as contractors.

The new mold licensing law will help prevent the kind of fraud that has plagued the construction industry. Those who are currently working have an opportunity to “grandfather in” for licensing if they have the propert training and certification from a National Organization like NORMI, the National Organization of Remediators and Mold Inspectors.

The State of Florida is committed to doing all it can to protect the public against illegal contractors by educating the public and offering the following suggestions. Watch for the following warning signs, these may indicate the person/company is not certified.

• You are asked to obtain the permit.
• A large down payment is required before work begins.
• No license number on the vehicle, business card, contract, newspaper/flyer or yellow page ad.
• Contractor displays only an “Occupational License” which is required in addition to Certificate of Competency.
• Permit is obtained by someone other than the person/company to do the work.
• You are informed that the job does not require a permit or inspection.
• Verbal contract only, person is not willing to put all terms in writing.
• The contractor is only willing to work on weekends or after hours.
• May request front money (money before work begins).
• The contractor does not have proof of General Liability or Workman’s Compensation Insurance.

The following is a few of the things you need to know concerning the use of an unlicensed contractor.

According to Florida Statute 455.228, if you hire an unlicensed contractor, the Department of Professional Regulations (D.P.R.) may issue a cease and desist order and also may take you to Circuit Court, which has the authority to impose a civil penalty of up to $5,000 for aiding and assisting unlicensed activity. You could also be liable for court cost.
• If you pull a permit for an unlicensed contractor, you are held responsible for the work, not the contractor.
• If you hire an unlicensed contractor, you may actually pay more for the job, than if you hired a licensed contractor. Especially, if the work is done incorrectly or never finished, you may have to pay twice or more for the same job to be corrected or finished.
• If the unlicensed contractor fails to pay his sub-contractors or suppliers, you may be required to pay them, even though you have already paid the contractor.
• Plumbing, electrical, and heating and air conditioning, mold assessment/remediation work should be done only by contractors and craftsmen certified in those trades and may require separate permits.
• Home improvement contractors must be certified by the State of Florida as either a General, Building, or Residential contractor.
• Roofing contractors are required to be certified or registered by the State.
• There is no such thing as a “legal” jack-of-all-trades.
• An “Occupational License” is not a regulatory license or a certificate of competency, but a tax for the privilege of engaging in or managing a business, profession or occupation.
• You may be held liable for injury on your property if the unlicensed contractor has no insurance or Workman’s Compensation.

For more information you may contact NORMI at 877.251.2296

Letter from the Editor on Chinese Drywall Training

July 15th, 2010

“We have been studying the Contaminated Drywall issue (formally referred to as ‘Chinese Drywall’, ‘Defective Drywall’, ‘Imported Drywall’ and ‘Corrosive Drywall’) for nearly two years. Our team of expert researchers, engineers, construction professionals, microbiologists and remediation specialists started in the summer of 2008 when clients first called NORMI looking for solutions. There has been a lot of ‘misinformation’ dispensed and ‘gimmickry’ solutions offered to address these problems but finally, we have found the solution and are proud to partner with Best Training School to train professionals on the assessment and remediation of Contaminated Drywall (CDW).

The problem first required intense scrutiny and investigation through a variety of disciplines. We have looked at the building science aspects of the problem, IICRC S-520 and NYC Guidelines for potential mitigation/remediation solutions, microbiological analysis utilizing DNA sampling and straight microscopy to help us identify a more holistic approach to the problem and relied on our intense construction background to propose a solution. But that wasn’t enough! Once you have a proposed solution, a mitigation/remediation protocol that works, how can you find someone who is well-trained AND insured to actually perform the work?

Now we have accomplished our purposes: provide a program that really 1) identifies the problem, through proper assessment, 2) effectively removes the source of the problem, through remediation protocols that are holistic, effective and specific to the unique job and 3) provides the customer with a guarantee that the problems WILL NOT return, a warranty aspect absent from many proposed solutions.

Well-trained, highly skilled, licensed and insured professionals for assessment AND remediation with protocols that work—come see for yourself at the next Best Training School CDW Certification class near you!” Doug Hoffman–Executive Director of NORMI

THE MITIGATION/REMEDIATION TRAINING
The NORMI Certified CDW Remediator (CCDWR)—The NORMI Certified CDW Remediator is a fully licensed and insured construction professional who has met the stringent requirements associated with the mold remediation certification (NORMI Certified Mold Remediator) also offered by NORMI. Having been trained in the standard remediation protocols (IICRC S-500, IICRC S-520, NYC Guidelines, EPA, and others) the NORMI Certified CDWR fully understands how modifying existing cleaning, restoration, mitigation and remediation techniques accomplishes the overall goals of contaminated drywall mitigation/remediation. When implementing contaminated drywall mitigation/remediation the utilization of proper containment, establishing negative pressure, use of Personal Protection Equipment and chemical/mechanical sanitization techniques are vital to the successful project. The NORMI CDWR attends this training with a rich background of training and experience so projects can be initiated immediately upon completion of the course. Requires 1-Day Training (8 hours)

The ASSESSMENT TRAINING
The NORMI Certified CDW Assessor (CCDWA)—The NORMI Certified CDW Assessor is a fully licensed and insured professional trained in all aspects of IAQ-related and CDW assessment because, first and foremost, the issues related to corrosive drywall are indoor air quality problems. The “rotten-egg odors”, the VOCs, relative humidity anomalies, and surface contamination all affect indoor air quality and must, therefore, be fixed and continually managed. The assessment process identifies those factors contributing to the symptoms in that specific and unique project then proposes protocols that mitigate or remediate the problem. The solutions are specifically tailored to match the design, construction and nature of the problem. In some cases the contaminated drywall is asymptomatic and requires only the installation of IAQ management techniques, light mitigation and/or containment. In other cases, removal of the contaminated drywall is in order. Rather than taking a “let’s kill the flea with an elephant gun” approach, the NORMI Certified CDWA is trained to match the solution with the problem. There will be no “unnecessary” redundancy just to cover up or mask the problems. The problems are identified and protocols written to solve the problem at its source. Requires 2-Day Training (16 hours)

THE HEALTHIER HOME WARRANTY
The NORMI Healthier Home Warranty is the goal of all mitigation/remediation projects. A home that has been properly assessed and remediated qualifies for the ongoing warranty which guarantees to the homeowner, the problems were solved. Upon completion of the project the homeowner is presented with a NORMI Certificate of Sanitization as a third-party confirmation that all protocols were followed resulting in a post remediation verification that all levels of IAQ are in “expected/normal” ranges. The NORMI Certificate of Sanitization then becomes the basis for the ongoing warranty. Should the homeowner elect to continue this warranty, an annual compliance review is scheduled and ongoing IAQ management through IAQ monitoring and maintenance is implemented.

For more information on how this training and solution could help you, call the NORMI CDW Hotline at 877.251.2296 x 8911 or email support@normi.org Classes now being offered at www.BestTrainingSchool.com/cdw.php

CHINESE DRYWALL LITIGATION

June 27th, 2010

June 24, 2010

In the last few weeks judges in Louisiana and Florida are adjudicating drywall cases and finding in favor of the plaintiffs. What this means to the industry could be significant, of course, but what it means to the plaintiff is, in our opinion, more significant—BECAUSE there is no contractor who can do the work with the proper insurance. That’s a problem!

“A Florida family has been awarded $2.46 million in the first Chinese drywall lawsuit to be heard by a jury. The decision was seen by some as a ‘bellwether’ case, which could forecast how other juries may respond to similar evidence that will be presented in other trials over Chinese drywall that has caused problems for homeowners throughout the United States.”

“Earlier this year in the Federal MDL, Judge Fallon awarded $164,000 to a Louisiana family that filed a Chinese drywall lawsuit against Knauf. The ruling equated to about $81 per square foot. Since that ruling, Knauf has begun seeking settlements with U.S. builders who bought their drywall.”

“Judge Fallon has also issued a ruling that awarded $2.6 million to seven Virginia families who filed a lawsuit against China-based Taishan Gypsum Co. over drywall problems. However, it is unclear how the families will collect, since China does not acknowledge civil lawsuit judgments in the U.S., and the company did not send a representative to court to answer the charges.”

So, here are the problems: 1) how many appeals will be filed to slow down the payback process, 2) how are they going to collect from the defendants, if they even will, and 3) if they can get the work down for the awarded amount, WHO is insured to do the work and what protocol will they follow?

The first two questions are, of course, the most difficult. We are dealing with an international community (so political pressures are great) and a country (China) to whom we are incredibly indebted (according to U.S. treasury nearly $755.4 billion at last year’s end). There is little doubt that the plaintiffs are in for a very long fight.

The third question, however, is being addressed by NORMIPro Management (www.NORMIProMgmt.com) and its team of experts. With engineers, IAQ specialists, laboratories, Remediators, assessors, and insurance professionals on board, NORMIPro Management will soon introduce solutions that could give hope to the plaintiffs in two areas: 1) that they will be able to do the work for less that the amount of money they’ve been awarded and, 2) that those who do the work will have the proper insurance.

The third piece of the NORMIPro Management package that may be in place shortly is an insured guarantee that the problems will be solved and solved permanently. Following proper IAQ Management techniques and the NORMI Sanitization Protocol, which helped hundreds of homeowners following the devastation of Hurricane Katrina, these Chinese Drywall issues can be resolved and resolved permanently.

There is hope for the victims of Chinese Drywall and it may not be in the court system. This hope may soon find its way into the marketplace…where it should be!

Corrosive Chinese Drywall Insurance

June 14th, 2010

One of the most interesting things about the Corrosive Chinese Drywall problems is the lack of professionals who are able to actually work on the projects. Many insurance companies are sending letters to their insured contractors EXCLUDING any work on this drywall. What does that mean to the homeowner or property owner who wants to hire a contractor to remediate the drywall? It’s not good news. Read on…

Recently a U.S. District judge, Judge Eldon Fallon, found in favor of seven plantiffs and awarded them each a large sum of money to remediate their Corrosive Chinese Drywall from their homes. I’m certain they were relieved that FINALLY someone is saying this can be fixed. However, the judge, with the best of intentions, no doubt, made an unprecedented move by going further into the construction process and actually required specific actions be taken in the remediation process. Though never trained as a remediator in a state that licenses them, this judge mandated that all the electrical wiring, plumbing, and HVAC system needed to be removed–remediate down to the studs. On what basis he determined that is puzzling to those of us who have studied this issue in great depth with teams of experts but it seems obvious he was taking the most conservative position and the safest route for the remediation. You can’t fault him for stepping up but it has presented the homeowners with a major issue–namely, WHO is going to do the work?

If insurance companies have decided they will not cover this remediation work, what contractor in his right mind would accept the contract? Who, with this case law, wants to assume ANY liability? More importantly, what homeowner would hire a contractor who didn’t have the proper coverage. Hense, the dilemma. The homeowner has some money to get the work started but no contractor to actually do the work. And are the homeowners going to do the work themselves without ANY training in PPE, S-520, or NYC Guideline protocols? What a mess.

At NORMI we are concerned about making sure that homeowners are properly protected from the health and safety concerns surrounding Corrosive Chinese Drywall. We know that only when they are able to use licensed and insured professionals will they be able to get the job done correctly and save the heartache that could follow from choosing poorly.

Very soon NORMI will have protocols in place that will lead the homeowner down the right path and help them choose wisely. Until then, bookmark this blog and/or send your questions to support@normi.org. DON’T make a decision that could make matters worse. You’ve suffered enough…we’d like to give you some answers!

New Florida Mold Law Provides Grandfather Clause

May 28th, 2010

March 26, 2010 Abita Springs, LA

Governor Charlie Crist of Florida signed HB0713 on Wednesday evening, March 25, 2010 at 6:43pm providing for those currently working in the mold industry to be licensed under a “grandfather clause” option thus waiving the standard licensing requirements. When Florida’s new Mold Licensing Law goes into effect on July 1, 2010, Florida will become one of only five states across the nation to regulate the mold industry by licensing its mold professionals—the other four being Louisiana, Texas, Arkansas, and Maryland.

“This grandfather clause is significant because it emphasizes Governor Crist’s commitment to avoid disrupting the mold industry while supporting and giving credibility to national organizations, like NORMI, that are keeping on top of this very dynamic industry,” commented Doug Hoffman, Executive Director of NORMI, the National Organization of Remediators and Mold Inspectors. “The Florida law gives credibility to national organizations that provide a proctored examination, which, of course, we do, and requires 60 hours of training for assessors and 30 hours of training for remediators thereby strengthening the concept that proper training is mandatory if you want to promote professionals to the public. Certifying agencies that require no training for certification, provide correspondence course certificates, or rubberstamp online training with a nice parchment certificate may begin to see how important it is to train properly and support their members with ongoing continuing education. That’s what we’re all about and we’re thrilled that Florida is taking a leadership role in setting the pace toward more professionalism in our industry.”

The Florida Mold Licensing Law, which goes into effect on July 1, 2010 will require mold assessors and mold remediators to be licensed with the state so the industry will be regulated under a new Mold Licensing Board, under direction of Richard Morrison, established for that very purpose. The grandfather clause provides for exceptions through March 1, 2011 to allow those trained and certified mold professionals already working in the industry, based on their association with a nationally recognized certifying agency or with proven work experience, to continue offering their services without interruption.

“This is a big day for NORMI because we have spoken and people are listening. The industry needs good regulation, no doubt, but just as important are certifying agencies like NORMI that offer ongoing support and training,” said Lance Eisen, COO of NORMI. “We answer questions every single day, do training every single day, help clients of our members every single day and that’s what not-for-profit certifying agencies should be doing. It’s not just about taking money for membership fees, it’s providing leading edge training, information, and support to anyone who needs it, the professional or the public. That, in the long run, is what will make the most significant difference in our industry.”

For more information on the Florida Mold Licensing Law or HB0713, please call NORMI at 877.251.2296 or email at support@normi.org
For information on classes available to support the Florida Mold Licensing Law, please call BTS at 888.856.4803 or visit www.BestTrainingSchool.com

Challenging the NORMI Proctored Examinations

April 20th, 2010

NORMI, the National Organization of Remediators and Mold Inspectors has introduced the first of its kind, proctored interview exam for those interested in becoming certified as a Mold Assessor (CMA) or Mold Remediator (CMR). Managed by the NORMI Standards and Compliance Division, the two-part examination/interview process now guarantees that the applicant has a clear understanding of the work he intends to perform as an assessor, investigator, or remediator in the mold industry.

“We have always taken our examination processes seriously and tried to develop a way to insure that those who are working in the mold industry truly understand the problems with which they are dealing and the potential downside litigation that exists when they fail to do it right,” commented Doug Hoffman, Executive Director of NORMI. “This interview process provides a one-on-one opportunity for Joe Lombardi, our Director of Compliance and Standards Division to discuss with the applicant any questions they answered incorrectly and talk about how they intend to build a solid business, keep their insurance current, understand the re-certification process, and meet the current applicable licensing laws. It’s a terrific way to be sure the public is protected from incompetent work.”

Effective immediately, the new proctored interview becomes a part of the Mold Assessor/Investigator and Mold Remediation certifications and the NORMI Board of Directors anticipates expanding this program to all certifications after January 1, 2010.

In addition, those willing the challenge the NORMI Proctored Examination without having taken an associated course may do so by contacting the NORMI Standards and Compliance Division and scheduling, in advance, a seat at the next location. This affords an opportunity for those wishing to be accredited by NORMI to begin the process of becoming certified after they have met the educational/experience requirement, insurance requirements, and paid the associated certification fee(s).

Lance Eisen, NORMI Chief of Operations, responded, “With mold licensing laws now in place in the States of Maryland, Texas, Louisiana, Arkansas, and Florida it becomes more important than ever to separate the trained from the untrained. This proctored examination/interview program takes our certifications to a new level. Never before has the industry required this kind of scrutiny and we are proud to separate ourselves out as a leader in the mold industry, an industry that has been fraught with fraud and misinformation. The public can be sure that when they hire a NORMI Certified Mold Assessor or NORMI Certified Mold Remediator, they are hiring someone who knows what they are doing.”

For more information on training contact www.BestTrainingSchool.com or call 888.856.4803 and for more information about the NORMI Certifications or Proctored Examination/Interview Process, contact 877.251.2296, NORMI Standards and Compliance Division.

Tags: certified Mold Assessor, Certified Mold Remediator, cma, cmr, National Organization of Remediators and Mold Inspectors, normi

Property owners who suspect they have Chinese Drywall

March 9th, 2010

PRESS RELEASE–  NORMI, the National Organization of Remediators and Mold Inspectors, a not-for-profit certifying agency based in Louisiana, is looking for property owners who suspect they may have used Corrosive Chinese Drywall in the reconstruction of their home or office after Hurricanes Katrina and Rita in 2005.  NORMI is conducting field studies to determine and evaluate products and techniques that could be used as effective and inexpensive mitigation or remediation solutions to this very serious problem.  If you or a friend of yours is suffering from the ill-effects of Corrosive Chinese Drywall, please contact NORMI immediately at 877.251.2296 x 877 for more information about how you could help in this process.

Chinese Drywall Education

November 6th, 2009

Doug Hoffman, Executive Director of NORMI, National Organization of Remediators and Mold Inspectors, attended the two-day Chinese Drywall Symposium in Tampa, FL prepared by the Florida Department of Public Health in conjunction with the UF Hinkley Center, EPA, and CPSC (Consumer Public Safety Commission).  The two-day symposium was a technical symposium specifically designed to discuss the origins of the problem, testing techniques for corrosive drywall, remediation methodologies, and health considerations.  In attendance was Senator Bill Nelson, Senior Senator from the State of Florida who has been on the forefront of this issue coordinated the efforts of both federal and state legislative regulators.  He addressed the crowd of 300 professionals giving them hope that the state is committed to finding and solving the problems associated with the tainted drywall.
 
“This was one of the most informative meetings I’ve attended,” reported Mr. Hoffman, “and absent of the typical hype associated with these kinds of problems.  At this symposium the presenters were able to give some specific testing results and definitive opinions about potential solutions, however, they recognized their limitations and admitted that the final solutions might, in fact, come from the private sector.  All in attendance agreed that more testing, both clinical and field testing, is needed.  Now, as a result of this meeting, we are asking Best Training School, our training provider partner, to develop specific training for the remediation of tainted drywall.  This training will take the best information available and train professionals on the safest techniques for this process.  We imagine there will also be a lot of interest in this training from the homeowners who may want to supervise any work that might be done on their homes.”
 
As a result of Mr.Hoffman’s request, Best Training School is now incorporating a module on Chinese Drywall Remediation into its five-day CMR (Certified Mold Remediation) class.  “We believe there will be a lot of construction professionals who will be interested in following the guidelines presented in this training and the remediators will have an advantage as this will expand their training,” said Lance Eisen, COO for NORMI.  “When it comes right down to it, who is better qualified to remove corrosive drywall than someone who has been trained in mold remediation, hazard disposal, containment and PPE?  Adding this module just makes sense.”
 
For more information about the classes, go to www.BestTrainingSchool.com/cmr.php or call NORMI at 877.251.2296

Proctored Exams Upgraded

November 4th, 2009

NORMI, the National Organization of Remediators and Mold Inspectors has introduced the first of its kind, proctored interview exam for those interested in becoming certified as a Mold Assessor (CMA) or Mold Remediator (CMR).  Managed by the NORMI Compliance and Standards Division, the two-part examination now guarantees that the applicant has a clear understanding of the work he intends to perform as an assessor, investigator, or remediator in the mold industry.

“We have always taken our examination processes seriously and tried to develop a way to insure that those who are working in the mold industry truly understand the problems with which they are dealing and the potential downside litigation that exists when they fail to do it right,” commented Doug Hoffman, Executive Director of NORMI.  “This interview process provides a one-on-one opportunity for Joe Lombardi, our Director of Compliance and Standards Division to discuss with the applicant any questions they answered incorrectly and talk about how they intend to build a solid business, keep their insurance current, understand the re-certification process, and meet the current applicable licensing laws.  It’s a terrific way to be sure the public is protected from incompetent work.”

Effective immediately, the new proctored interview becomes a part of the Mold Assessor/Investigator and Mold Remediation certifications and the NORMI Board of Directors anticipates expanding this program to all certifications after January 1, 2010.

Lance Eisen, NORMI Chief of Operations, responded, “With mold licensing laws now in place in the States of Maryland, Texas, Louisiana, Arkansas, and Florida it becomes more important than ever to separate the trained from the untrained.  This proctored interview program takes our certifications to a new level.  Never before has the industry required this kind of scrutiny and we are proud to separate ourselves out as a leader in the mold industry, an industry that has been fraught with fraud and misinformation.  The public can be sure that when they hire a NORMI Certified Mold Assessor or NORMI Certified Mold Remediator, they are hiring someone who knows what they are doing.”

For more information on training contact www.BestTrainingSchool.com or call 888.856.4803 and for more information about the NORMI Certifications or Proctored Examination/Interview Process, contact 877.251.2296, Compliance and Standards Division.

ENERGY CONSUMPTION SURVEY

June 16th, 2009

NORMI announced today that it has unveils a new Energy Consumption Audit program for the homeowner who wants a “Do-it-Yourself” program that is affordable but covers the major concerns they have about power usage in their home. The survey, now available at Surveys.NORMI.org, gives the client an opportunity to assess their power usage for just $99 and includes a Kill-A-Watt tool, outlet sealers, and a 32 page full-color questionnaire.

‘Never before has energy assessment process been so easy, user-friendly and affordable,’ said Doug Hoffman, Executive Director of NORMI. ‘The consumers choices have been reduced to either a simplified audit that catches only the major components of an assessment or a very expensive audit that few people can afford. By starting the process with our new Power Survey, the consumer can now start down the road to lower usage and potentially greater savings for just $99 and understand the impact energy consumption has on their building envelope, electrical appliances, heating/cooling systems, and electrical lighting. It’s a win-win for everyone because we all save when each of us saves!’

NORMI, the National Organization of Remediators and Mold Inspectors was founded on July 4, 2004 and initially designed to support mold licensing laws. With a broader mission to train professionals and the public on the problems on indoor environmental issues, the addition of the Professional Screening Partner program to include assessments for indoor air quality, energy consumption, and, soon to come, drinking water solutions was a natural progression. With the assistance of the NORMIPro Environmental TASC Force, teams of environmental professionals around the world are helping people solve their environmental issues in very affordable ways.

For more information on the training program that accompanies the PSP program, be go to www.BestTrainingSchool.com or for more information on NORMI, call 877.251.2296.