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Filing # 195375130 E-Filed 04/03/2024 11:26:41 AM
IN THE COUNTY COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN AND
FOR SEMINOLECOUNTY, FLORIDA
CASE NO: 2024SC001858
THE KIDWELL GROUP LLC d/b/a AIR
QUALITY ASSESSORS
Plaintiff,
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HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY
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Defendant.
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COMPLAINT
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COMES NOW the Plaintiff, THE KIDWELL GROUP LLC d/b/a AIR QUALITY
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ASSESSORS OF FLORIDA a/a/o %LDQFD &KULVWLDQ, by and through its undersigned
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attorney, and files this Complaint against the Defendant, HOMEOWNERS CHOICE
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PROPERTY & CASUALTY INSURANCE COMPANY, hereinafter referred to as
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HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY ”, for
GENERAL EGATIONS
This is a claim for less than $5,000.00 dollars, exclusive of interest, attorney’s fees,
and costs.
At all times material hereto, the insured, Bianca Christian, was over the age of
eighteen so as to be sui juris in all respects, and at all time material hereto was the owner of real
property located at 5611 Place Lake Drive Fort Pierce FL , for which a policy of insurance,
which provided property damage coverage, was placed with the Defendant, HOMEOWNERS
CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, and for which insured was the
intended and named beneficiary.
At all times material hereto, Plaintiff maintained a place of business in SEMINOLE
County, Florida, and demanded payment from the Defendant in SEMINOLECounty, Florida.
That at all times material hereto, the Defendant, HOMEOWNERS CHOICE
PROPERTY & CASUALTY INSURANCE COMPANY, was a Florida corporation, duly licensed
to transact business in the State of Florida as providers of homeowner’s insurance for a profit and
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maintained agents for the transaction of its customary business throughout the State of Florida
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SEMINOLECounty, Florida.
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The insured, Bianca Christian, purchased a policy of homeowner’s insurance which
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was placed with Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
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INSURANCE COMPANY
The policy of insurance provided general homeowner’s coverage for the benefit of
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the insured and included general liability and property damage coverage to protect the insured
against those losses covered by the subject policies. Plaintiff does not possess a copy of the
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policies. Defendant is in possession of said policies.
The insured paid all policy premiums required to obtain and maintain this coverage
with Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE
COMPANY
On or about 6/7/2022the insured’s home sustained a covered loss.
The insured timely notified Defendant of the existence of the claim.
The policy of insurance referenced above, provided coverage to insured, and the
Defendant is obligated to reimburse the insured for the damages, subject to any policy deductible.
On or about 1/4/2023, the insured assigned the insurance benefits to Plaintiff as it
relates to the services rendered by the Plaintiff to the insured. A copy of the assignment of benefits
is attached hereto as Exhibit A
Plaintiff likewise maintains standing as the real part in interest and through
equitable assignment to enforce the terms of the policy and seek clarification of same.
For reasons not specifically articulated, Defendant has denied the claim and/or
offered to pay an inadequate amount of damages.
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COUNT I
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DECLARATORY RELIEF
The Plaintiff re alleges and re affirms the allegations contained in paragraphs 1
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through 13, as though fully alleged herein, and further alleges as follows:
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This is an action for declaratory judgment pursuant to Florida Statutes, Chapter 86
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with regard to the insurance coverage purchased by Plaintiff with Defendant, and a determination
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of the rights and obligations under the applicable policies of insurance.
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Defendant is improperly denying coverage to Plaintiff under the insurance contract
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or is improperly calculating the amount of damages caused by the loss at issue.
As such, Plaintiff is in doubt as to Plaintiff’s rights under the contracts of insurance
with Defendant, as related to the Defendant’s providing coverage for claims, and a duty to fully
compensate Plaintiff to the full extent of the loss, subject to any policy limitations.
Plaintiff has retained the undersigned firm to represent it in this action and has
agreed to pay a reasonable fee for said services.
The Plaintiff is unsure as to its rights associated with these contracts, and of the
Defendant’s obligations under the subject insurance policy, and Florida law. As such, Plaintiff is
in need of the present declaration of rights under the subject insurance policies and Florida law.
The law in effect at the time the subject policy of insurance incepted control the
instant action and subsequent amendments do not apply retroactively.
There is a present need for a court declaration as to the applicable law in effect for
this matter and clarity as to the rights of the parties.
The facts necessary for this Honorable Court to render Plaintiff’s declaration of
rights are set forth in this Complaint and/or ascertainable by this Honorable Court.
The Plaintiff’s right to recovery under the subject insurance policy is dependent
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upon this Court’s finding of facts and/or application of Florida law.
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The Defendant’s interests in this declaration are actual, present, adverse, and
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antagonistic in fact and/or law to Plaintiff’s interest.
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The Plaintiff has been compelled to retain the undersigned attorney and to pay that
attorney a reasonable fee. Further, Plaintiff is entitled to prevailing party attorneys’ fees pursuant
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to Florida Statute Section 627.428.
WHEREFORE, the Plaintiff moves this Honorable Court to take jurisdiction over the
a.
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parties above, the subject matter herein, and grant the Plaintiff the following relief:
U Declare that the laws that apply to the instant action are those that were in effect
when the policy was incepted between the Defendant and the insured.
Declare that any subsequent assignment and policy rights are likewise controlled
by the laws in effect when the policy was incepted between the Defendant and the insured.
c. Declare that any subsequent amendments to 627.7152 do not apply retroactively as
same is controlled by the laws in effect when the policy was incepted between the
Defendant and the insured.
Find that Plaintiff is entitled to the property damage coverage afforded it under the
policy of insurance, as it relates to the respective claims addressed supra, and that
Defendant has an obligation to fully compensate Plaintiff for all covered damages subject
to any policy limitations and deductibles;
e. Enter a Judgment in favor of Plaintiff and against the Defendant;
f. Award the Plaintiff with declaratory relief requested;
Enforce the terms, conditions, rights and/or obligations under the subject
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insurance policy in favor of the Plaintiff and against the Defendant including the
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obligation to fully compensate Plaintiff for all damages;
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Award the Plaintiff attorneys’ fees, legal assistant fees pursuant to Florida Statute
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§57.104, interest, statutory penalties and costs pursuant to Florida Statute §627.428 for
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the necessity of this action and in defending the other actions; and
i. Grant any other relief this Court deems just and appropriate.
NO COUNT II
BREACH OF CONTRACT
U The Plaintiff re alleges and re affirms the allegations contained in paragraphs 1
through 13, as though fully alleged herein.
This is a cause of action for breach of insurance contract.
At all times material hereto, the insurance premiums required for these insurance
contracts were paid.
Plaintiff performed all conditions precedent necessary to invoke coverage under
these insurance contracts.
In denying coverage, or improperly attempting to limit the recovery of Plaintiff by
not compensating Plaintiff for the full amount of the damages, Defendant has breached the
insurance contract.
The Plaintiff has been compelled to retain the undersigned attorney and has agreed
to pay that attorney a reasonable fee, and Plaintiff is entitled to prevailing party attorneys’ fees
pursuant to Florida Statute Section 627.428 for those fees in prosecuting this action and in
defending the other claims while this action was pending.
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Plaintiff hereby demands a trial by jury on all issues so triable, and any other such
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relief the Court deems just and appropriate.
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WHEREFORE, Plaintiff, THE KIDWELL GROUP LLC d/b/a AIR QUALITY
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ASSESSORS OF FLORIDA a/a/o, prays for a judgment for damages against the Defendant,
interest, costs and attorneys’ fees. Plaintiff hereby demands a trial by jury on all issues so triable,
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and any other such relief the Court deems just and appropriate.
CERTIFICATE OF SERVICE
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I HEREBY CERTIFYthat on this April 3, 2024, I electronically filed the foregoing with
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the Clerk of Court by using the ECF system, which will send a notice to all counsel of record.
/s/ William S England________
William S England
Fla. Bar No.:
Chad A. Barr, Esquire
Fla. Bar No.: 55365
Law Office of Chad A. Barr, P.A.
238 N. Westmonte Dr., Suite 200
Altamonte Springs, Florida 32714
Telephone: (407) 599 9036
wseservice@chadbarrlaw.com(Primary)
will@chadbarrlaw.com(Secondary)
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P.O. Box 162261, Altamonte Springs, FL 32716
Office: (407) 233-0493 Fax: (407) 674-2528
Email: info@AirQualityAssessors.com
Florida Licensed Mold Assessors MRSA 2096
Florida Licensed Engineering Firm COA 31993
I, the Homeow ner/Insured and/or its representativ e for the property listed abov e (hereinafter “C lient”) authorize A ir Q uality A ssessors, its subcontractors and/or assignees (hereinafter
collectiv ely referred to as “A Q A ”), to enter said property to perform serv ices, including but not limited to indoor env ironmental assessments, asbestos testing, engineering inspections and
post-mitigation v erification w hich w ill be used to effect repairs or replacement of damaged property and/or mitigate against further damage to the property . C lient and A Q A hereby
acknow ledge that the serv ices to be prov ided are NO T being prov ided in an urgent or emergency circumstance as defined under the law s of the State in w hich the w ork is being
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performed. C lient agrees to fully cooperate w ith insurance company as required by the subject policy of insurance and comply w ith all post-loss duties required by same. C lient
understands that the serv ices to be rendered are directly related to the abov e-referenced loss and that C lient w ill prov ide a copy of any report prepared by A Q A to its repair
contractors to ensure its use to prov ide a complete and proper repair of the damage to the subject property . Moreov er, C lient expressly acknow ledges and agrees to personally utilize
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all A Q A reports and/or submit the same to applicable persons to effectuate the protection, repair, restoration, replacement of property , and/or to mitigate against further damage to the
property as a result of the loss and in compliance w ith any duties C lient may hav e to repair or protect the property from further damage. The parties agree this Residential C ontract for
Serv ices is an exchange of A Q A ’s promise to perform serv ice(s) for C lient’s promises made herein.
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C lient hereby agrees and instructs its insurer to make a separate and indiv idual pay ment to be sent directly to A Q A or its representativ es for their serv ices in the instant matter at the
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billing address found on any bills or inv oices prov ided to the insurer. C lient also hereby instructs my insurance carrier to release all subject claim information requested by A Q A or its
agents including but not limited to, the subject policy , copies of all future notices, inv estigations, and cov erage decisions. C lient agrees to assume full responsibility for any policy
deductibles and that A Q A ’s inv oice(s) shall not be reduced by any deductible. Pay ment of these benefits shall not exceed my indebtedness to A Q A . The deposit of any partial pay ment
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shall not be deemed a w aiv er, accord, satisfaction, discharge, settlement, or contract by A Q A to accept a reduced amount as pay ment in full unless A Q A has agreed so by a notarized
w riting. C lient agrees that pay ment of any and all claim benefits specifically related to A Q A ’s inv oice(s) shall be by check and only hav e A Q A ’s name on the check. C lient expressly
agrees that if a claim check has both the insured(s) name and A Q A ’s name that C lient shall hav e no ability to cash or deposit said check.
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ln consideration of the labor, serv ices, and/or materials prov ided to me by A Q A and its subcontractors (hereafter “Serv ices”), C lient hereby promises and assigns all insurance rights,
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benefits, proceeds, and causes of action under the abov e-referenced policy of insurance (hereafter “the Policy ”) to A Q A , as A ssignee, up to the amount of A Q A ’s inv oice in exchange for
serv ices rendered in connection w ith this loss. This is to act as a limited A ssignment of my rights and benefits to the extent of serv ices prov ided by A ssignee and subcontractors under A Q A .
This is a direct assignment of my rights and benefits under the Policy . The undersigned hereby appoints A Q A to act for the undersigned w ith full pow er to make collection of, compromise,
settle, receiv e, and to endorse the undersigned’s name or otherw ise, any check, draft, or release for the proceeds of the claim sufficient to pay A Q A ’s outstanding inv oices.
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C lient and A Q A agree that client may rescind this C ontract w ithout a penalty or fee by submitting a w ritten notice of recission signed by C lient to A Q A w ithin 14 day s after
execution of this C ontract, or, at least 30 day s after the date w ork on the property is scheduled to commence if A Q A has not substantially performed, or at least 30 day s after the
execution of this C ontract if it does not contain a commencement date and A Q A has not begun substantial w ork on the property . Both parties agree that substantial w ork shall be met
upon A Q A or its representativ e/employ ee/agent enters the subject property w ith the intent to inspect. Moreov er, C lient and A Q A agree that as an assignee, A Q A w ill indemnify and
hold C lient harmless from all liabilities, damages, losses, and costs, including, but not limited to, attorney fees. F urther, C lient and A Q A agree the assignee shall prov ide a copy of
this executed C ontract to C lient’s insurer w ithin 3 business day s after the date on w hich it is executed or the date on w hich w ork begins, w hichev er is earlier. Both parties agree
A Q A ’s serv ices relate only to w ork performed to inspect, protect, repair, restore, replace a dw elling or structure, or to mitigate against further damage to such property .
If for any reason pay ment is made to the C lient by an insurer for A Q A ’s serv ices pursuant to this C ontract, C lient agrees to endorse any checks or turn pay ment ov er to A Q A . C lient agrees
that any portion of w ork, deductibles, betterment, depreciation or additional w ork requested by the undersigned, not cov ered by insurance, must be paid by the undersigned on or before its
In the ev ent A Q A is not allow ed to perform its recommended procedures and protocols for any reason bey ond its control, C lient agrees to release and hold A Q A harmless, and
indemnify A Q A against all claims or actions that may result from such protocols and procedures.
C lient has read and understood all pages of this C ontract and has receiv ed a copy for his/her/their records. This contract is intended to be legally binding and contains all the terms and
conditions betw een the parties. A t the time of the signing of this C ontract, C lient expressly confirms to hav ing consulted an attorney or has w aiv ed the ability to do so.
The parties to this contract agree and cov enant that sole and exclusiv e jurisdiction and v enue for any action, suit, or litigation arising from or related to this C ontract shall be in any
county located in the State of F lorida w here A Q A has a principal office. The parties also agree and cov enant that A Q A has sole discretion to choose w hich county to bring said
If there is a conflict betw een any prov ision of this C ontract and its gov erning legislation (the “Legislation”), the Legislation w ill prev ail, and this C ontract w ill be amended to comply
w ith the Legislation. F urther, any prov isions required by the Legislation are incorporated into this C ontract. If there is a conflict betw een any approv ed contract by the Legislation,
that approv ed C ontract w ill prev ail and such prov isions of this C ontract w ill be amended or deleted as necessary to comply w ith that approv ed contract. If any prov isions of this
C ontract are held to be inv alid or unenforceable in w hole or in part, those prov isions to the extent enforceable and all other prov isions shall nev ertheless continue to be v alid and
enforceable as though the inv alid or unenforceable parts had not been included in this C ontract and the remaining prov isions had been executed by the parties after the expungement
of the inv alid prov isions. Moreov er, to the extent this contract is missing or does not contain a statutory requirement, C lient expressly agrees to ignore any contractual defect and that
*Unit means residential home.
**Serv ices performed or to be performed as indicated abov e are agreed to at the
time of contract, how ev er, A Q A may perform additional serv ices as needed and
not initially indicated abov e. Therefore, a supplemental inv oice(s) w ill be
prov ided that shall serv e to incorporate and constitute the full scope of A Q A ’s
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YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE
UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH MAY
RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE READ AND
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UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT. YOU HAVE
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THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT PENALTY
WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT IS EXECUTED, AT
LEAST 30 DAYS AFTER THE DATE WORK ON THE PROPERTY IS
SCHEDULED TO COMMENCE IF THE ASSIGNEE HAS NOT
SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS AFTER THE
EXECUTION OF THE AGREEMENT IF THE AGREEMENT DOES NOT
CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT
BEGUN SUBSTANTIAL WORK ON THE PROPERTY. HOWEVER, YOU
ARE OBLIGATED FOR PAYMENT OF ANY CONTRACTED WORK
PERFORMED BEFORE THE AGREEMENT IS RESCINDED. THIS
AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO PERFORM
THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY.
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Filing # 195375130 E-Filed 04/03/2024 11:26:41 AM IN THE COUNTY COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLECOUNTY, FLORIDA CASE NO: 2024SC001858 THE KIDWELL GROUP LLC d/b/a AIR QUALITY ASSESSORS Plaintiff, L HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY IA Defendant. I C COMPLAINT F COMES NOW the Plaintiff, THE KIDWELL GROUP LLC d/b/a AIR QUALITY F ASSESSORS OF FLORIDA a/a/o %LDQFD &KULVWLDQ, by and through its undersigned O attorney, and files this Complaint against the Defendant, HOMEOWNERS CHOICE N PROPERTY & CASUALTY INSURANCE COMPANY, hereinafter referred to as U HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY ”, for GENERAL EGATIONS This is a claim for less than $5,000.00 dollars, exclusive of interest, attorney’s fees, and costs. At all times material hereto, the insured, Bianca Christian, was over the age of eighteen so as to be sui juris in all respects, and at all time material hereto was the owner of real property located at 5611 Place Lake Drive Fort Pierce FL , for which a policy of insurance, which provided property damage coverage, was placed with the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, and for which insured was the intended and named beneficiary. At all times material hereto, Plaintiff maintained a place of business in SEMINOLE County, Florida, and demanded payment from the Defendant in SEMINOLECounty, Florida. That at all times material hereto, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, was a Florida corporation, duly licensed to transact business in the State of Florida as providers of homeowner’s insurance for a profit and L maintained agents for the transaction of its customary business throughout the State of Florida IA SEMINOLECounty, Florida. C The insured, Bianca Christian, purchased a policy of homeowner’s insurance which I was placed with Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY F F INSURANCE COMPANY The policy of insurance provided general homeowner’s coverage for the benefit of NO the insured and included general liability and property damage coverage to protect the insured against those losses covered by the subject policies. Plaintiff does not possess a copy of the U policies. Defendant is in possession of said policies. The insured paid all policy premiums required to obtain and maintain this coverage with Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY On or about 6/7/2022the insured’s home sustained a covered loss. The insured timely notified Defendant of the existence of the claim. The policy of insurance referenced above, provided coverage to insured, and the Defendant is obligated to reimburse the insured for the damages, subject to any policy deductible. On or about 1/4/2023, the insured assigned the insurance benefits to Plaintiff as it relates to the services rendered by the Plaintiff to the insured. A copy of the assignment of benefits is attached hereto as Exhibit A Plaintiff likewise maintains standing as the real part in interest and through equitable assignment to enforce the terms of the policy and seek clarification of same. For reasons not specifically articulated, Defendant has denied the claim and/or offered to pay an inadequate amount of damages. L COUNT I IA DECLARATORY RELIEF The Plaintiff re alleges and re affirms the allegations contained in paragraphs 1 I C through 13, as though fully alleged herein, and further alleges as follows: F This is an action for declaratory judgment pursuant to Florida Statutes, Chapter 86 F with regard to the insurance coverage purchased by Plaintiff with Defendant, and a determination O of the rights and obligations under the applicable policies of insurance. N Defendant is improperly denying coverage to Plaintiff under the insurance contract U or is improperly calculating the amount of damages caused by the loss at issue. As such, Plaintiff is in doubt as to Plaintiff’s rights under the contracts of insurance with Defendant, as related to the Defendant’s providing coverage for claims, and a duty to fully compensate Plaintiff to the full extent of the loss, subject to any policy limitations. Plaintiff has retained the undersigned firm to represent it in this action and has agreed to pay a reasonable fee for said services. The Plaintiff is unsure as to its rights associated with these contracts, and of the Defendant’s obligations under the subject insurance policy, and Florida law. As such, Plaintiff is in need of the present declaration of rights under the subject insurance policies and Florida law. The law in effect at the time the subject policy of insurance incepted control the instant action and subsequent amendments do not apply retroactively. There is a present need for a court declaration as to the applicable law in effect for this matter and clarity as to the rights of the parties. The facts necessary for this Honorable Court to render Plaintiff’s declaration of rights are set forth in this Complaint and/or ascertainable by this Honorable Court. The Plaintiff’s right to recovery under the subject insurance policy is dependent L upon this Court’s finding of facts and/or application of Florida law. IA The Defendant’s interests in this declaration are actual, present, adverse, and C antagonistic in fact and/or law to Plaintiff’s interest. F I The Plaintiff has been compelled to retain the undersigned attorney and to pay that attorney a reasonable fee. Further, Plaintiff is entitled to prevailing party attorneys’ fees pursuant O F to Florida Statute Section 627.428. WHEREFORE, the Plaintiff moves this Honorable Court to take jurisdiction over the a. N parties above, the subject matter herein, and grant the Plaintiff the following relief: U Declare that the laws that apply to the instant action are those that were in effect when the policy was incepted between the Defendant and the insured. Declare that any subsequent assignment and policy rights are likewise controlled by the laws in effect when the policy was incepted between the Defendant and the insured. c. Declare that any subsequent amendments to 627.7152 do not apply retroactively as same is controlled by the laws in effect when the policy was incepted between the Defendant and the insured. Find that Plaintiff is entitled to the property damage coverage afforded it under the policy of insurance, as it relates to the respective claims addressed supra, and that Defendant has an obligation to fully compensate Plaintiff for all covered damages subject to any policy limitations and deductibles; e. Enter a Judgment in favor of Plaintiff and against the Defendant; f. Award the Plaintiff with declaratory relief requested; Enforce the terms, conditions, rights and/or obligations under the subject L insurance policy in favor of the Plaintiff and against the Defendant including the IA obligation to fully compensate Plaintiff for all damages; C Award the Plaintiff attorneys’ fees, legal assistant fees pursuant to Florida Statute I §57.104, interest, statutory penalties and costs pursuant to Florida Statute §627.428 for F F the necessity of this action and in defending the other actions; and i. Grant any other relief this Court deems just and appropriate. NO COUNT II BREACH OF CONTRACT U The Plaintiff re alleges and re affirms the allegations contained in paragraphs 1 through 13, as though fully alleged herein. This is a cause of action for breach of insurance contract. At all times material hereto, the insurance premiums required for these insurance contracts were paid. Plaintiff performed all conditions precedent necessary to invoke coverage under these insurance contracts. In denying coverage, or improperly attempting to limit the recovery of Plaintiff by not compensating Plaintiff for the full amount of the damages, Defendant has breached the insurance contract. The Plaintiff has been compelled to retain the undersigned attorney and has agreed to pay that attorney a reasonable fee, and Plaintiff is entitled to prevailing party attorneys’ fees pursuant to Florida Statute Section 627.428 for those fees in prosecuting this action and in defending the other claims while this action was pending. L Plaintiff hereby demands a trial by jury on all issues so triable, and any other such IA relief the Court deems just and appropriate. C WHEREFORE, Plaintiff, THE KIDWELL GROUP LLC d/b/a AIR QUALITY F I ASSESSORS OF FLORIDA a/a/o, prays for a judgment for damages against the Defendant, interest, costs and attorneys’ fees. Plaintiff hereby demands a trial by jury on all issues so triable, O F and any other such relief the Court deems just and appropriate. CERTIFICATE OF SERVICE N I HEREBY CERTIFYthat on this April 3, 2024, I electronically filed the foregoing with U the Clerk of Court by using the ECF system, which will send a notice to all counsel of record. /s/ William S England________ William S England Fla. Bar No.: Chad A. Barr, Esquire Fla. Bar No.: 55365 Law Office of Chad A. Barr, P.A. 238 N. Westmonte Dr., Suite 200 Altamonte Springs, Florida 32714 Telephone: (407) 599 9036 wseservice@chadbarrlaw.com(Primary) will@chadbarrlaw.com(Secondary) IAL F I C O F U N ! "! ! # $%& #+ '(% ",-%.&*)' )%%*)' ! L !""#!$ %&%" #'# IA /0 /% 1. #%&" %$# " " &" # "" C ( ) * ) I 1.%2-%3 2-% 4 *5 $&("" )*+,,,-,, F "" )*+,,,-,, O F " . / 0 1 U N !" #$! % & ' !"# $ P.O. Box 162261, Altamonte Springs, FL 32716 Office: (407) 233-0493 Fax: (407) 674-2528 Email: info@AirQualityAssessors.com Florida Licensed Mold Assessors MRSA 2096 Florida Licensed Engineering Firm COA 31993 I, the Homeow ner/Insured and/or its representativ e for the property listed abov e (hereinafter “C lient”) authorize A ir Q uality A ssessors, its subcontractors and/or assignees (hereinafter collectiv ely referred to as “A Q A ”), to enter said property to perform serv ices, including but not limited to indoor env ironmental assessments, asbestos testing, engineering inspections and post-mitigation v erification w hich w ill be used to effect repairs or replacement of damaged property and/or mitigate against further damage to the property . C lient and A Q A hereby acknow ledge that the serv ices to be prov ided are NO T being prov ided in an urgent or emergency circumstance as defined under the law s of the State in w hich the w ork is being L performed. C lient agrees to fully cooperate w ith insurance company as required by the subject policy of insurance and comply w ith all post-loss duties required by same. C lient understands that the serv ices to be rendered are directly related to the abov e-referenced loss and that C lient w ill prov ide a copy of any report prepared by A Q A to its repair contractors to ensure its use to prov ide a complete and proper repair of the damage to the subject property . Moreov er, C lient expressly acknow ledges and agrees to personally utilize IA all A Q A reports and/or submit the same to applicable persons to effectuate the protection, repair, restoration, replacement of property , and/or to mitigate against further damage to the property as a result of the loss and in compliance w ith any duties C lient may hav e to repair or protect the property from further damage. The parties agree this Residential C ontract for Serv ices is an exchange of A Q A ’s promise to perform serv ice(s) for C lient’s promises made herein. C C lient hereby agrees and instructs its insurer to make a separate and indiv idual pay ment to be sent directly to A Q A or its representativ es for their serv ices in the instant matter at the I billing address found on any bills or inv oices prov ided to the insurer. C lient also hereby instructs my insurance carrier to release all subject claim information requested by A Q A or its agents including but not limited to, the subject policy , copies of all future notices, inv estigations, and cov erage decisions. C lient agrees to assume full responsibility for any policy deductibles and that A Q A ’s inv oice(s) shall not be reduced by any deductible. Pay ment of these benefits shall not exceed my indebtedness to A Q A . The deposit of any partial pay ment F shall not be deemed a w aiv er, accord, satisfaction, discharge, settlement, or contract by A Q A to accept a reduced amount as pay ment in full unless A Q A has agreed so by a notarized w riting. C lient agrees that pay ment of any and all claim benefits specifically related to A Q A ’s inv oice(s) shall be by check and only hav e A Q A ’s name on the check. C lient expressly agrees that if a claim check has both the insured(s) name and A Q A ’s name that C lient shall hav e no ability to cash or deposit said check. F ln consideration of the labor, serv ices, and/or materials prov ided to me by A Q A and its subcontractors (hereafter “Serv ices”), C lient hereby promises and assigns all insurance rights, O benefits, proceeds, and causes of action under the abov e-referenced policy of insurance (hereafter “the Policy ”) to A Q A , as A ssignee, up to the amount of A Q A ’s inv oice in exchange for serv ices rendered in connection w ith this loss. This is to act as a limited A ssignment of my rights and benefits to the extent of serv ices prov ided by A ssignee and subcontractors under A Q A . This is a direct assignment of my rights and benefits under the Policy . The undersigned hereby appoints A Q A to act for the undersigned w ith full pow er to make collection of, compromise, settle, receiv e, and to endorse the undersigned’s name or otherw ise, any check, draft, or release for the proceeds of the claim sufficient to pay A Q A ’s outstanding inv oices. U N C lient and A Q A agree that client may rescind this C ontract w ithout a penalty or fee by submitting a w ritten notice of recission signed by C lient to A Q A w ithin 14 day s after execution of this C ontract, or, at least 30 day s after the date w ork on the property is scheduled to commence if A Q A has not substantially performed, or at least 30 day s after the execution of this C ontract if it does not contain a commencement date and A Q A has not begun substantial w ork on the property . Both parties agree that substantial w ork shall be met upon A Q A or its representativ e/employ ee/agent enters the subject property w ith the intent to inspect. Moreov er, C lient and A Q A agree that as an assignee, A Q A w ill indemnify and hold C lient harmless from all liabilities, damages, losses, and costs, including, but not limited to, attorney fees. F urther, C lient and A Q A agree the assignee shall prov ide a copy of this executed C ontract to C lient’s insurer w ithin 3 business day s after the date on w hich it is executed or the date on w hich w ork begins, w hichev er is earlier. Both parties agree A Q A ’s serv ices relate only to w ork performed to inspect, protect, repair, restore, replace a dw elling or structure, or to mitigate against further damage to such property . If for any reason pay ment is made to the C lient by an insurer for A Q A ’s serv ices pursuant to this C ontract, C lient agrees to endorse any checks or turn pay ment ov er to A Q A . C lient agrees that any portion of w ork, deductibles, betterment, depreciation or additional w ork requested by the undersigned, not cov ered by insurance, must be paid by the undersigned on or before its In the ev ent A Q A is not allow ed to perform its recommended procedures and protocols for any reason bey ond its control, C lient agrees to release and hold A Q A harmless, and indemnify A Q A against all claims or actions that may result from such protocols and procedures. C lient has read and understood all pages of this C ontract and has receiv ed a copy for his/her/their records. This contract is intended to be legally binding and contains all the terms and conditions betw een the parties. A t the time of the signing of this C ontract, C lient expressly confirms to hav ing consulted an attorney or has w aiv ed the ability to do so. The parties to this contract agree and cov enant that sole and exclusiv e jurisdiction and v enue for any action, suit, or litigation arising from or related to this C ontract shall be in any county located in the State of F lorida w here A Q A has a principal office. The parties also agree and cov enant that A Q A has sole discretion to choose w hich county to bring said If there is a conflict betw een any prov ision of this C ontract and its gov erning legislation (the “Legislation”), the Legislation w ill prev ail, and this C ontract w ill be amended to comply w ith the Legislation. F urther, any prov isions required by the Legislation are incorporated into this C ontract. If there is a conflict betw een any approv ed contract by the Legislation, that approv ed C ontract w ill prev ail and such prov isions of this C ontract w ill be amended or deleted as necessary to comply w ith that approv ed contract. If any prov isions of this C ontract are held to be inv alid or unenforceable in w hole or in part, those prov isions to the extent enforceable and all other prov isions shall nev ertheless continue to be v alid and enforceable as though the inv alid or unenforceable parts had not been included in this C ontract and the remaining prov isions had been executed by the parties after the expungement of the inv alid prov isions. Moreov er, to the extent this contract is missing or does not contain a statutory requirement, C lient expressly agrees to ignore any contractual defect and that *Unit means residential home. **Serv ices performed or to be performed as indicated abov e are agreed to at the time of contract, how ev er, A Q A may perform additional serv ices as needed and not initially indicated abov e. Therefore, a supplemental inv oice(s) w ill be prov ided that shall serv e to incorporate and constitute the full scope of A Q A ’s IAL F I C O F YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE READ AND N UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT. YOU HAVE U THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY. HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY.