GENERAL. This Concurrent Representation Agreement (the “Agreement”) is entered into by and between the:
Whereas, the Homeowner has suffered damage caused by wind, hail, hurricane, mold, or any other peril for which a claim may be made under the insurance policy covering the Homeowner’s property; whereas, the Company is properly licensed and qualified to perform the necessary repairs to the Homeowner’s property; whereas, the Homeowner maintains an insurance policy intended to provide payment for such repairs; whereas the insurance contract is a third party beneficiary contract entitling the homeowners to repairs from a licensed contractor; and whereas, the Homeowner and the Company both seek a fair settlement from the insurance company believed to be responsible for covering said damages, the parties hereby jointly and concurrently hire the Firm, a Florida law firm specializing in insurance adjustments, to adjust the insurance claim related to the damage resulting from the aforementioned perils that occurred at
LEGAL FEES. This Retainer Agreement is a contingency-fee contract. The Homeowner shall owe no fees for representation in this matter except as provided herein. If this matter is settled prior to the filing of a lawsuit, the Firm shall receive any funds designated as attorney’s fees and ten percent (10%) of the gross recovery; the Company shall receive ninety percent (90%) of the recovery; and the Homeowner shall receive the necessary repairs. If a lawsuit is filed, the Firm shall receive any attorney’s fees awarded by the court and ten percent (10%) of the settlement or verdict; the Company shall receive ninety percent (90%) of the settlement or verdict funds; and the Homeowner shall receive the necessary repairs and reimbursement for any costs advanced. The Company shall advance any necessary and reasonable litigation costs at its discretion.
COSTS. The Homeowner and the Company (hereinafter referred to jointly as the “Clients”) acknowledge that the Firm is not liable or responsible for payment to any contractors, subcontractors, appraisers, mediators, umpires, or experts of any kind whom the Clients choose to employ for any reason, including for repairs, appraisals, or expert opinions related to the Homeowner’s loss. The Clients further acknowledge that any and all costs — including, without limitation, the costs of filing legal process, service of process, access to electronic legal databases, long-distance telephone calls, postage, messenger or courier fees, fax transmissions, mediator fees, court reporter fees, transcripts, expert consultation and testimony fees, and all other related costs — must be paid separately unless expressly stated otherwise in this Agreement. The Company may, at its discretion, advance necessary and reasonable costs in anticipation of recovering such costs from the insurance company at a later date. If the Company declines to advance costs, the Homeowner shall have the option to do so. Firm will never pay costs.
WAIVER OF CONFLICT. The concurrent representation of both the Homeowner and the Company (collectively referred to as the “Clients”) constitutes a potential conflict of interest. However, no actual conflict presently exists because the Clients currently share a common interest in the resolution of this matter. The Firm cannot and will not advise either Client on any issue in which an actual conflict of interest may arise between them. If a conflict, dispute, or disagreement develops between the Clients regarding their respective rights, obligations, or defenses, the Firm shall immediately cease representing both Clients in that matter. In such event, each Client will be required to obtain new counsel of their choosing. A conflict of interest may arise in several ways. For example, if the Firm receives conflicting instructions from the Clients, it would be unable to follow one Client’s direction without violating its professional obligations to the other. If such a situation cannot be resolved, the Firm may be required to withdraw from representing both Clients entirely. As a condition of this joint representation, the Clients agree to provide the Firm with unified and consistent instructions concerning settlement of insurance proceeds to prevent potential conflicts. If the Clients’ objectives later become inconsistent, the Firm will withdraw as counsel for all Clients. The Clients understand and acknowledge that communication between either Client and the Firm regarding this joint representation are not confidential as between the Clients. The Clients expressly consent to the Firm sharing information received from one Client with the other when such disclosure is ethically required or reasonably necessary to carry out the joint representation. The Clients are further advised that they may have indemnification or contribution rights against one another. The Firm cannot represent or advise either Client regarding such matters. Each Client is strongly encouraged to consult separate, independent counsel regarding any potential or future claims between them. By signing below, the Clients acknowledge that they have read and understand this disclosure, that they consent to the Firm’s concurrent representation as described above, and that they waive any potential conflict of interest arising from such representation
PAYMENT OF INSURANCE PROCEEDS. The Clients and the Firm anticipate that insurance proceeds received for the repair of property damage will be provided to the contractor(s) selected by the Clients. The Clients hereby designate the Firm as payee on all drafts or checks issued as a result of, or in connection with, this insurance claim, and direct that such payments be mailed to Trustpoint Claims Adjusting, LLC, 8535 Baymeadows Road, Suite 46, Jacksonville, Florida 32256. PROVIDING INFORMATION. The Clients must be truthful and cooperative with the Firm at all times; attend depositions as required; furnish to the Firm, upon request, any and all information or documentation relevant to the matter; keep the Firm apprised of important developments and any changes in address, telephone number, or email address; and comply with all provisions of this Agreement, including timely payment of any costs.
WITHDRAWAL OF REPRESENTATION. The Firm reserves the right to withdraw from representation of the Clients for any reason, upon providing reasonable notice to the Clients. The Homeowner may cancel this Agreement at any time prior to litigation, subject to a thirty percent (30%) cancellation fee, allocated as twenty percent (20%) to the Company and ten percent (10%) to the Firm. If the Company cancels during litigation, the Firm shall be entitled to a ten percent (10%) cancellation fee, plus any fees recoverable under the doctrine of quantum meruit. For unsettled claims, cancellation fees shall be based on eighty-five percent (85%) of the estimate prepared by the Company, or the highest offer made by the carrier, whichever is higher.
ACKNOWLEDGMENTS. The Clients acknowledge that the Firm makes no promise or guarantee concerning the outcome of this matter. Any statement made by a representative of the Firm regarding the potential outcome is an opinion based on experience and not a warranty of results. The law is not an exact science; it is subject to interpretation, argument, and the discretion of the court, and results cannot be predicted with certainty.
GOVERNING LAW. This Agreement and the rights and obligations of the parties under it shall be governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of law.
SEVERABILITY. If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. To the fullest extent permitted by law, any invalid provision shall be modified or interpreted to best accomplish the intent of the parties.
SETTLEMENT AUTHORITY. The Clients agree to work together in good faith concerning the roof replacement. The Firm is authorized to accept any offer in excess of $635.00 per square and to present for consideration any offer exceeding $615.00 per square. Offers below $615.00 per square shall be deemed insufficient and are to be rejected unless otherwise directed by the Clients. If the Homeowner has a flat roof, clay tile roof, or other non-shingled roofing system, the Clients shall mutually determine a fair settlement price and direct the Firm accordingly, with an addendum to this Agreement documenting such terms.
Don’t settle for less than you deserve. Let our licensed public adjusters handle the paperwork, the negotiations, and the insurance company—so you can focus on moving forward.