Definitions
“Interior Reconstruction Services” shall mean and include any necessary replacement or repair of real
property damaged by water, fire, wind, or other causes. Capitalized terms used but not defined herein shall
have the meaning ascribed to such terms in the Agreement.
Contractor’s Obligations
1.01 Contractor will work with Company and the Claimant to set up an appointment to begin Interior
Reconstruction Services. If Contractor is unable to arrive at the agreed upon time, Contractor shall
immediately notify Company, in which case Company may refer another Contractor to the Work Site.
1.02 Contractor shall submit an estimate to Company in Xactimate ESX or Symbility estimate format
within 24 hours of Contractor’s initial arrival at a Work Site. Contractor agrees to submit any necessary
supplements or change orders for Interior Reconstruction Services to Company for approval on a timely
basis. There are no guarantees that jobs referred to Contractor will be losses covered by an Insurer.
Contractor agrees to have the Emergency Services Exhibit/Work Authorization form signed by the
Claimant before any Interior Reconstruction Services are provided. Contractor shall submit this document
to Company within 12 hours of the start of Interior Reconstruction Services.
Invoices, Referral Fee, and Payment
2.01 As a Contractor in Company’s network, Contractor agrees that the terms of this Exhibit shall apply
to all Interior Reconstruction Services provided to Claimants by Contractor or any company or business
that is owned by Contractor or that is owned by an entity, individual, or group of individuals that also owns
Contractor, regardless of whether the work is assigned by Company or contracted for directly by or on
behalf of a Claimant. All Interior Reconstruction Services provided to a Claimant shall be provided in
accordance with this Exhibit. Contractor agrees that it will NOT charge a Claimant any trip charges to
respond to a claim.
2.02 All invoices for work covered by an Insurer shall be submitted only to Company. Contractor agrees
not to invoice an Insurer or any Adjuster directly. Contractor understands that failure to submit timely
estimates, or changes to estimates, will affect Contractor’s ranking in the Company system and Contractor’s
ability to receive any future referrals. Contractor waives all rights to payment if Contractor fails to provide
Company with an invoice within fourteen (14) days of completion of Interior Reconstruction Services
2.03 Subject to the deduction by Company of its applicable referral fee, Company will only reimburse
Contractor for Interior Reconstruction Services covered by an Insurer. Contractor agrees that any amount
not covered by the Insurer for Interior Reconstruction Services must be collected from the Claimant or other
responsible party. Contractor agrees to immediately report any evidence of non-covered losses to
Company, including, but not limited to, flood damage, pre-existing damage, or damage that is long-term in
nature.
2.04 Contractor is responsible for collecting the full amount of any deductible, and/or prior payments
made to the Claimant from the Insurer, from the Claimant as directed by Company. The deductible will be
deducted from payments made to Contractor. If the price of any job is lower than the applicable deductible,
Contractor shall collect payment from the Claimant. Contractor shall not waive, forgive, or pay all or any
part of an applicable insurance deductible amount to be paid by a Claimant for Interior Reconstruction
Services.
2.05 For the Reconstruction Services performed by Contractor for Claimants which are covered by an
Insurer, Company shall be entitled to a referral fee in the amount of 6.5% of the total invoiced amount
covered by an Insurer for the Covered Services performed by Contractor. Each referral fee will be deducted
by Company in section 2.06 below.
2.06 The following payment schedule will be followed for all reconstruction losses:
- 1st payment - If the loss is not over $5,000, an amount equal to the actual cash value (“ACV”) will be paid
to Contractor once a signed Work Authorization is on file and funds have been received from the carrier.
For losses over $5,000, 50% of the ACV will be paid to Contractor once a signed Work Authorization is
on file and funds have been received from the carrier.
- 2nd payment – Not applicable if the loss is not over $5,000. For losses over $5,000, the remaining 50%
of the ACV will be paid to Contractor once repairs are 50% completed, and trades have been updated with
completion photos uploaded to Accuserve, and the funds have been received from the carrier.
- Final payment – For all losses, any remaining insurance funds received from the carrier that are owed to
Contractor will be paid to Contractor, subject to receipt of a signed Certificate of Satisfaction and all
necessary photos being on file.
NOTE- If there is a mortgage lien on the property, payments may be made by two-party checks payable to
the Claimant(s) and the Contractor, at Company’s option.
2.07 In the event of a termination of the Agreement, Company shall be entitled to receive the referral
fee provided for herein with respect to any and all jobs referred to Contractor on or before the effective date
of the termination.