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Important Upcoming Dates

August 5, 2019 Storm Deadline

 

As many of you know, a substantial hail event rolled through the twin cities metro area about two years ago.  Most Minnesota insurance policies provide two years from the date of loss to take legal action if the claim has not been resolved.  This is a frequently misunderstood topic.  The two-year deadline is a deadline to take legal action (a “statute of limitation”).  It is not a deadline to simply submit a claim.  That is not enough.  If the homeowner does not have an extension or tolling agreement (in writing), they have to take legal action to preserve their rights under the policy.  If they do not, then their claim will be time-barred and they will not be able to recover additional funds.  Appraisal does not toll this deadline.  Waiting for material to drop does not toll this deadline.  Nothing does other than a written extension or legal action.

 

If your homeowners do not have an extension, the sooner they contact a lawyer, the more likely we will be able to help.  They should not wait until the day before at the risk of losing their insurance benefits.

 

August 10, 2020 Iowa Derecho Deadline

 

Along the same topic, the Iowa Derecho event is approaching its one-year anniversary.  If you’re doing any work down in Iowa, most Iowa policies have 1 or 2 year limits from the date of loss.  The statutory minimum is 1 year, so many policyholders are also coming up on their deadline to take legal action from this event.  Again, that is a deadline to take legal action, not just submit a claim.  We can help those homeowners secure extensions or take legal action, but the sooner we can talk to them the better.

 

DLI Wage Investigations

 

I’ve noticed a recent trend of employee classification investigations by the Minnesota Department of Labor and Industry (DLI) into whether sales representatives are Independent Contractors or Employees.  Historically, it’s been okay to classify sales reps as independent contractors as long as they are truly independent.  The “nine-factor test” that DLI uses to determine classification can be found here.  You’ll want to make sure you’re following that and that your contract includes these factors.  There can be pretty stiff penalties and fines if DLI reclassifies someone as an employee.

As always, feel free to reach out with any questions.

 

7900 Xerxes Avenue South

Suite 2020

Bloomington, MN 55431

tjohnson@sjjlawfirm.com

Direct: 952-314-1169

General: 952-388-0289

Fax:  612-235-7927

2021-08-01T11:37:27-05:00

Quarterly Market Index Survey for Reroofing

Trade Association Coalition Continues Quarterly Market Index Survey for Reroofing
Data collection on this scale never previously attempted in the roofing industry

Washington, D.C. – July 16, 2021

Roofing professionals are invited to join industry trade associations representing contractors,
consultants and manufacturers in the U.S. and Canada in taking part in the new Quarterly Market
Index Survey for Reroofing.
The purpose of the survey is to take the pulse of the reroofing industry on a quarterly basis and
become a regular barometer of the industry’s business conditions. By asking a handful of business
questions and measuring responses across a number of demographics, the survey helps give an
indication of the reroofing market strength and trajectory.
During the previous survey timeframe that measured perceptions of business activity in 2021 Q1,
nearly 300 respondents completed the eight-question survey during a two-week period in April with
62% of responses coming from roofing contractors and 38% coming from roof consultants. The results
indicate generally improving market conditions for the roofing industry in the face of the global
COVID-19 pandemic.
The survey is an industry-wide effort to collect information about the reroofing market spearheaded
by a coalition of trade associations, including the Asphalt Roofing Manufacturers Association,
Canadian Roofing Contractors Association, Chemical Fabrics & Film Association Inc., EPDM Roofing
Association, International Institute of Building Enclosure Consultants, Metal Construction
Association, National Roofing Contractors Association, National Women in Roofing, Polyisocyanurate
Insulation Manufacturers Association, Roof Coatings Manufacturers Association and Single Ply
Roofing Industry.
The quarterly Market Index Survey for Reroofing is available at http://bit.ly/roofindexsurvey.
Survey responses may be submitted Wednesday, July 7th through Monday, July 26th.

Members of the media with questions may contact representatives from any of the coalition members
or Ellen Thorp at ellen.thorp@epdmroofs.org

2021-07-16T15:57:53-05:00

CCLD Summer Newsletter

Members –

Attached is the link to the latest Construction Code & Licensing Division (CCLD) quarterly newsletter.

 CCLD Summer Newsletter

While it is always a good idea to review what CCLD has to say, there is one provision that members must continually be aware of and vigilant when contracts are being signed by clients and contractors. The provision is a reminder that contractors are NOT allowed to pay deductibles and they MUST put the statutory provision in their contracts so clients understand that paying deductibles are illegal.  You can find a link to the statute here.

Please contact Lisa Frenette at frenettela@gmail.com if you need more information.

2021-06-14T14:35:51-05:00

CAM Announces FALL Golf Classic!

Coming off the huge success of our golf event in May, CAM has decided we will continue to hold our regular FALL event as a golf event as well this year. We plan to have a tighter format for the more serious golfers, but will still offer fun for golfers of all caliber. Save the date for  The CAM Fall Golf Classic to be held at Links at Northfork Golf Course in Ramsey on Thursday September 16th, 2021.  This will be a shotgun start at 1 pm. LUNCH prior and a BBQ after will be included with the player packages.  We look forward to holding our 2022 Spring Conference in April of 2022 and Fall Golf Classic again in 2022.

More Information & Registration HERE!

2021-07-19T15:20:10-05:00

CAM Legislative Update – Contractor Recovery Fund

The Contractor Association of MN (CAM) submitted comments supporting bills authored by Senator Justin Eichorn (Bemidji) and Rep. Shane Mekeland (Clear Lake).  The bill prevents the use of any funds from the Contractor Recover Fund except for its intended use by providing clarifying language.  The Contractor Recovery Fund is allowed for the following:

(1) compensate owners or lessees of residential real estate who meet the requirements
of this section;
(2) reimburse the department for all legal and administrative expenses, disbursements,
and costs, including staffing costs, incurred in administering and defending the fund;

(3) pay for educational or research projects in the field of residential contracting to
further the purposes of sections 326B.801 to 326B.825; and

(4) provide information to the public on residential contracting issues.

You can read the letter submitted by CAM below.


Date: March 8th, 2021

Rep. Shane Mekeland
215 State Office Building
St. Paul, MN 55155

Dear Rep. Mekeland:

On behalf of the Contractor!s Association of Minnesota, we are writing to express our support
for HF 762.

This bill will ensure that funds licensed contractors must, by statute, pay into the Contractor
Recovery Fund will not be allowed to be used for other purposes. In lean years, the fund has
been raided to cover other funding shortfalls.

Minnesota Statues 327A is a statutory requirement known as the “home warranty” provision.
This statutory requirement states that homeowners building new homes or remodeling their
homes are protected from structural issues. For example, if a homeowner builds a new home
and there are structural issues, the Contractor Recovery Account will ensure that a contractor
who is unable to fulfill their statutory obligations will make the homeowner whole when repairs
are made. HF 762 protects the Contractor Recovery Fund from being used for anything other than
protecting homeowners and making sure that these funds are available to the homeowner.

Sincerely,
Tracy Dahlin
Chairperson – Contractors Association of Minnesota

2021-03-19T15:15:20-05:00

NEW Seminar – Insurance Claims Process & Utilizing Xactimate For Contracting Professionals

CAM has partnered with Todd Mutchler, MN Public Adjuster, to bring you a full day course focusing on the entire claims process and utilizing your Xactimate estimates within the insurance claims process.

This is a LIVE seminar and will be strictly limited to the first 25 qualified attendees. Continental Breakfast and BOX Lunch will be provided with the seminar.

This course has been specifically developed for individuals who have either taken the CAM Level 1 or Level 2 Xactimate Training class and / or have a prior working knowledge of Xactimate estimating. This course is intended to provide you with the information and knowledge you need as a professional contractor to successfully navigate storm and weather-related Insurance claims utilizing the Xactimate estimating process.

Todd Mutchler has over 24+ years of experience in the Insurance Claims Industry including Insurance Company Adjuster, Catastrophe Claims Supervisor, Large Loss Residential/Commercial Manager, NFIP Adjuster and more recently as a Licensed Public Adjuster.

In this course you will be introduced to:

  • The Basics of an Insurance Policy.
  • The Basics on an Insurance Claim
  • The Role of an Insurance Adjuster
  • The Role of a Contractor in relations to an Insurance Claim
  • How to thoroughly inspect a residence for exterior Storm damages
  • How to meet with an Adjuster and present the Storm damages and repairs.
  • How to organize and prepare an Xactimate estimate for Storm losses. (Prior experience in Xactimate is required)
  • How to use Xactimate Category’s, Line Items and Macros for a detailed estimate.
  • How to prepare and present Supplemental estimates
  • How to resolve scope and estimate disputes.
  • The Basics of an Appraisal and how to prepare for one.

This course is open only to those with prior Xactimate training and access to a laptop with Xactimate Version 28 Loaded. This is NOT a class to teach you how to use Xactimate, but rather how to use it effectively.

Don’t miss this opportunity to prepare for the upcoming storm season!

Costs is $250 for CAM Members and $300 for Non-Members

When:   Thursday April 29th, 2021
Time:    8:00 AM – 4:00 PM
Where:  Wells Fargo Plaza
7900 Xerxes Avenue South – Suite 215
Bloomington, MN

REGISTER TODAY BY CLICKING HERE !

2021-04-04T09:06:38-05:00

Construction companies pay $54K in back-wages to workers involved in state-funded project

Following investigations by the Minnesota Department of Labor and Industry (DLI), two construction companies have agreed to pay a total of $54,000 in back-wages to workers involved in a roof replacement project at Camp Ripley in 2018 and 2019.

DLI found that Azure Construction Inc., of Detroit Lakes, Minnesota, misclassified workers involved in the project, resulting in the workers being paid less than the prevailing-wage rate for the work they performed. The company agreed to pay $35,727.08 in back-wages owed to nine construction workers, with back-wage amounts ranging from $413.70 to $6,597.05. The company was also fined $8,000 for failing to keep and maintain adequate employee records.

In addition, DLI also found another company involved in the project, Western Products Inc., of Moorhead, Minnesota, misclassified workers and paid them less than the prevailing-wage rate. The company agreed to pay $18,779.09 in back-wages owed to 11 workers.

Prevailing wage is the minimum hourly wage employers must pay their employees performing construction work on projects funded in whole or in part with state dollars. DLI sets the prevailing-wage rates to be comparable to wages paid for similar work in the county where the construction project is located.

“Skilled construction workers involved in state-funded projects must be paid the appropriate prevailing-wage rate based on the services they perform,” said Roslyn Robertson, DLI commissioner.

Learn more

DLI is available for consultations to inform project participants, including contractors and subcontractors, about prevailing wage, compliance and best practices. Contractors that perform work on state-financed construction projects can sign up for prevailing-wage notifications.

View more information about prevailing wage. Contractors planning to bid on projects subject to Minnesota’s prevailing-wage law should contact DLI with questions before bidding or entering into construction contracts.

2021-03-19T14:33:26-05:00

CAM Announces Golf Classic To Be Held May 20th, 2021

With uncertainty in restrictions and venue availability, CAM has moved our Golf tournament to the Spring this year to try and avoid any further disruptions to the event schedule. We will be playing Oak Marsh again this year as they do a fantastic job. We look forward to holding our 2021 Business Conference in the Fall and then getting back on track in 2022 with a Spring Conference 2022 and Fall Golf 2022. The Annual CAM Golf Classic will be held May 20th, 2021.

More Info Here!

2021-03-19T12:46:28-05:00

CAM Announces Virtual Day At The Capitol

CAM Virtual Day at the Capitol

February 23rd, 2021
9:30 am – 4:00 PM

Virtual Meeting with Lobbyist & DOLI

Register Today at: www.camnonline.org

Agenda

9:30 am – 11:00 am                       Group Meeting On Zoom – Intro to Day at the Capitol and Guest Speaker(s)

11:30 am – 4:00 pm                      Individual Zoom Meetings with Legislators

Virtual meetings will be set with individual Legislators with the information given at time of registration. Your personal virtual passcode to meet with your specific Legislator will be given at the Group Meeting.

 

 

2021-01-18T18:08:07-06:00
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