Supplemental Conditions to Service Agreement
Subject to the terms and conditions set forth within the Service Agreement and these Supplemental Conditions to Service Agreement, the Policyowner (“Owner”) hereby authorizes Gulf Atlantic Contracting (“GAC”) to act as Owner’s Contractor of Record for the work identified in the Service Agreement. GAC agrees to cooperate and perform, at GAC’s own cost including the dedication of valuable time and resources, tasks related to the process of obtaining insurance or other third-party proceeds to fund the work. GAC agrees to perform services and supply material and labor for the replacement of the roof, roof components and all other work per Material and Labor Specifications in the Agreement.
1. Insurance The Parties understand and agree that the Agreement relies upon the resolution of the above referenced insurance claim filed by the Owner in connection with damage to the property located at the address identified in this Agreement. The Agreement is subject to the resolution of the subject insurance Claim. If, after exhaustion of all legal remedies surrounding the disputed Claim, the Claim, including the scope and price of repairs to the damaged property, is not covered or otherwise not agreeable to GAC, the Agreement is voidable at the discretion of GAC communicated by a written release. If the Claim is funded in any amount, Owner agrees to give GAC a right of first refusal for the scope of work and full amount of the proceeds plus any applicable deductibles. Owner understands and agrees that Owner is responsible to pay the applicable insurance deductible and any items required by law that are not covered by the subject insurance Policy. Nothing within this agreement is intended to, nor should it be interpreted to provide GAC with an assignment of the Claim or any portion of the Claim.
2. Direction to Pay Owner hereby authorizes and demands that GAC be included as a loss payee on any payment of benefits or proceeds relating to property damage associated with the above referenced Claim. Owner agrees that any deductible or portion of repairs that are not covered by the Policy is the responsibility of the Owner. Nothing within this provision is intended to, nor should it be interpreted as a direction to remove the Owner or any other party entitled to receive payment as set forth within the insurance Policy or Florida Law. Owner agrees that any payments made in contradiction of this direction to pay will be promptly paid (within 3 business days) by Owner to GAC.
3. Scope of Work GAC agrees to dedicate its limited and valuable resources, including time, knowledge, skills, and experience, to identify damage at Owner’s property, create a scope of work, and estimate costs to restore identified damage. GAC agrees to waive its standard fees associated with this work in exchange for Owner’s irrevocable authorization of GAC to act as Owner’ Contractor of record and in fact. The final scope of work to be performed by GAC will be as determined by mutual written agreement of Owner and GAC. Any change in the scope of work specifically requested by Owner or required by any third party including those to comply with law and ordinance that involves an increase in cost will be performed by GAC at an additional charge upon written agreement by the Parties. GAC is not liable for any damages, including actual, consequential, incidental and reliance damages resulting from a delay in executing any change order and corresponding written agreement.
4. Cooperation GAC agrees to cooperate with the Owner in connection with the insurance Claim. GAC agrees to communicate and meet with the insurance company as reasonably necessary in such a manner consistent with Florida Statutes §626.854 (2018) to discuss or explain a bid for construction or repair of covered property. GAC is not charging any additional fee or receiving any other consideration for any cooperation with the insurance company or in connection with the insurance Claim. Nothing within this agreement is intended to, nor should it be interpreted as an agreement to negotiate, settle, or otherwise influence an insurance claim by an entity not licensed to do so as prohibited by law.
5. Right of Rescission Owner may cancel this Agreement at any time before midnight of the third business day after the date of this Agreement. Notice must be written and delivered, via certified or registered mail, to GAC, 10184 Mimosa Silk Drive, Fort Myers, FL 33913.