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Managed Services Agreement To Protect Commercial Property

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If you are the owner of a commercial property or part of its management team, you know how important it is to take steps to protect the property in the event of a major storm or hurricane. 

But many such properties do not have in place agreements with attorneys, contractors, and other service providers to make sure that they are placed at the front of the line to get their property repaired or offered fixed or preferential pricing should the need for service arise after a storm.

 Agreements of this type are known as Managed Services Agreements, and they are essential for commercial properties to get the best service after a hurricane and return the property to its pre-loss condition in the shortest amount of time.

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Why Choose Tighe P.A.

Commercial damage impacts your ability to make a living. You and your employees are depending on getting the damage repaired and don’t have time to waste arguing with insurers and adjusters. 


At Tighe P.A., we focus on commercial property law in Florida (which is vastly different from residential property) and understand the unique challenges you face. When you work with us, our commercial property damage lawyers will help you get back on your feet as quickly as possible.

How We Fight For You

We’re a people-first firm that leads with empathy and compassion. Our attorneys have extensive experience in commercial insurance law, and we’ve recovered millions of dollars on behalf of our clients. Our legal team will review your policy, ensure you’ve provided all required documentation, and follow up regularly to be sure your insurer isn’t giving you the runaround.

We’ll handle everything by:

  • Evaluating the value and scope of your losses
  • Getting quotes for repairs from contractors
  • Preparing and filing the claim
  • Communicating with insurance adjusters
  • Examining settlement offers and negotiating higher offers to cover losses
  • Filing lawsuits against insurers that refuse to offer a fair settlement or who act in bad faith

Where We Handle Commercial Property Damage Cases

Tighe P.A. helps commercial clients who are impacted by major storms and other catastrophes leading to property damage, lost income, and interruptions in their business. Our commercial property damage lawyers serve business owners throughout Florida. We’ll help you navigate damage claims from hurricanes to fires, snow, flooding, and more.

Florida Commercial Property Damage Claims

Florida businesses face a variety of property damage issues, depending on their location. We address commercial property damage claims that include roof and structural damage due to hurricanes, hail, fire, wind, burst pipes or plumbing, sinkholes, mold, flooding, and termite and insect incursion.

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You have insurance on the property in case of damage. You have procedures and policies in place for preparing for a storm and handling things in the days and weeks after a storm or hurricane hits your area.

These are known as common sense precautions to take, and most commercial owners, condo associations, and community associations have insurance to protect their properties and plans in place to protect tenants and residents before and after a storm. 

Types of Commercial Property Damage Cases We Handle

No matter what type of insurance issues you’re having, the commercial property damage lawyers at Tighe P.A. can assist you. We’re here to help with all types of commercial property insurance claims in Florida.

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Denied Insurance Claims

Nothing is more infuriating than a denied claim. According to most insurance adjusters, many common reasons for denial have nothing to do with the validity of the claim. Instead, claims are denied because of:

  • Improperly filled out forms
  • Missed filing deadlines
  • Lack of coverage

Having a commercial property damage attorney review your insurance claim before filing is not just a good idea, it can be essential to having your claim covered and receiving payment.

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Wear and Tear Exclusion Defenses

After a natural disaster (like Hurricane Ian in Florida), insurance companies are anxious to reduce all claims by calling some damage “pre-existing” due to so-called “wear and tear.” In other words, your damage was primarily due to existing weaknesses in the structure and your claim will not be covered.

Our commercial property damage lawyers will examine all your repair and inspection records to determine what can reasonably be attributed to wear and tear, and what should be claimed under your insurance.

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Inaccurate Damage Estimates or Low-Ball Settlement Offers

It’s common for an insurer to send their own adjuster to assess the damage and provide an estimate. If you disagree or your own figures are grossly different, your attorney may engage additional professionals. This can prevent low-ball offers or lump-sum settlement offers that will leave you with a big loss.

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Delayed Payment on Valid Claims

Insurance companies are not your friends. Their goal is to pay as little as possible, even on valid claims. When you have an aggressive commercial property damage lawyer on your side, the insurer will have less opportunity to drag their feet on sending your due compensation.

Understanding Commercial Property Insurance Coverage

Commercial property insurance is a little different than the homeowner’s insurance you may have purchased for your residential property. Commercial insurance may cover the same types of properties (such as buildings, boats, and so on), but may be limited to risk coverage. Risk coverage will protect you against fire, theft, and other common losses.

Basic coverages may exclude “acts of God” claims, meaning a hurricane or hailstorm wouldn’t be covered. For water, flooding, and storm damage, you may need to purchase additional “broad form” or “special form” commercial insurance to protect you in cases of natural disasters like hurricanes, hailstorms, floods, and other situations.

Types of Commercial Property Damage

There are as many types of commercial property damage and ways to recover as there are properties. You should always carefully review your insurance policy and filing requirements with your attorney before sending anything to your insurance company.

 

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Roof Damage

Roof damage is frustrating because it can be subtle and difficult to find – is the leak coming from a pipe in the ceiling or a hole in the roof? It can be anything from leaks to complete collapse of the entire structure. Whatever its origin, roof damage must be dealt with promptly before it becomes a major problem.

Hurricanes and Storm Damage

A hurricane is defined as a storm with sustained winds over 75 miles per hour. A Category 4 or 5 storm can level buildings to their foundation and demolish roads and infrastructure. It may be days or weeks before you can reopen your business.

Hail Damage

Any business owner who has been through a hail storm knows about the destructive power of hail, and many insurers require separate insurance policies because of it. If you live in a hail-prone area, make sure you have this type of coverage. Auto dealerships, landscape supply shops, and other outdoor companies are especially susceptible to hail damage.

Windstorm Damage

Even if it isn’t a hurricane, a burst of wind carrying debris can tear roofs, shatter windows, or knock down signs. Windstorms are particularly damaging to orchards, restaurants, and companies that keep their inventory outdoors.

Water Damage

Floods do more than just wash away cars and houses. When the water rises and stays, it destroys everything below the water level. Water damage also includes mold and mildew, undermined foundations, and weakened or rotted beams. In colder climates, water damage can also mean ruined insulation that must be replaced.

Fire and Smoke Damage

Fire damage can mean something’s burned beyond repair, but it can also indicate smoke damage that has to be remediated. Smoke does more than just smell bad, it penetrates the wood and drywall and can weaken the structure. Additionally, water or foam used by firefighters to save your building can also result in damage.

Exterior Siding and Finishing

A building’s exterior is the first thing your customers see, and it can’t be overlooked. Exterior finishing is an easy place for insurance companies to lowball costs, especially if the rest of the building is severely damaged.

Foundation Repair

Without a solid foundation, a building can’t stand and is subject to being condemned. When faced with foundation damage, whether due to sinkholes, flood damage, or bad joists, you need immediate assistance to get the foundation repaired.

Interior Damage

Walls, floors, fixtures and windows are all part of the building’s interior. Insurers may try to argue that damage to the interior was “pre-existing” or predated the cause of the claim. When filing a commercial property damage claim, it’s important to have proof of the condition of the property before and after the event to show the damage caused by the incident.

Business Equipment and Personal Property

Do you have printers and computers in your business? What about office furniture or artwork? Did you leave your personal laptop or cellphone in the office the night before the tornado hit? Unless there is an exclusion clause in your policy, all of these items should be covered by your insurance.

Loss of Business Income

Depending on your insurance policy, you may be able to recover lost income due to being closed or only able to operate on a limited basis. Some policies have exclusions or limits on how you can claim this type of loss, like a declared state of emergency or law enforcement curfew. However, you should ask your attorney about recovering lost income on your claim.

Types of Commercial Property Our Lawyers Can Help With

Tighe P.A. can help you with all your commercial property insurance needs. Whether you are a small business leasing space in a larger complex, or a large commercial property owner, our commercial property damage attorneys in Florida can assist you in dealing with claims for these types of properties:

  • Condominiums
  • Office buildings
  • Apartment buildings
  • Warehouses
  • Community clubhouses
  • Hospitals
  • Malls
  • Hotels/Motels
  • Restaurants
  • Other commercial buildings
  • Related property–vehicles, outbuildings, signs, fixtures

We’ll work tirelessly to recover everything you lost both in and on the property.

What To Do After Suffering Commercial Property Damage

Whether it was a natural disaster or a simple burst pipe, there are things you must do immediately after suffering commercial property damage so that your insurer accepts your claim. While these steps don’t guarantee acceptance, they will make it easier for you and your attorney to file a complete claim.

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1. Document everything

Photograph and videotape the damage before cleaning it up. If you can show the entire property from several angles to highlight what was damaged and what remains intact, this will help the insurer give you an accurate estimate.

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2. Contact your insurance company immediately.

Most insurers require that you notify them within a certain amount of time, usually 24 hours, of an incident. One of the main reasons claims are denied is failure to meet deadlines. Don’t assume that because a natural disaster is all over the news that your insurer knows about it.

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3. Make temporary repairs to protect yourself from additional damage

You have a duty to “mitigate losses.” Your insurer can and will deny your claim for failure to mitigate.

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4. Stay off social media

This is as true for commercial damage as for personal injury cases. Don’t post cheerful pictures of yourself repairing your restaurant after a flood. The insurance company may take this as evidence your building was not seriously damaged.

Commercial Property Damage FAQs

The most frequent causes for commercial property insurance claim denials are:

  • Improperly filed forms
  • Lack of supporting documentation
  • Exaggerated claims
  • Expired or missed payments

Many people hire us to handle the entire process, but you should at least hire a commercial property damage attorney whenever you believe the insurance company is not dealing in good faith or treating you badly. That said, you should have an attorney review your insurance documents before sending them in regardless. And never sign anything without letting an attorney see it first.

At Tighe P.A., we don’t get paid until you win your case. The consultation is free, and we’ll work tirelessly to get your case resolved. We use a Pay for Performance model, which means that we will only get paid when we positively resolve your claim. Call us at 1-855-LOSS-PRO or fill out our intake form on our website to book an appointment, and we’ll get started on your case right away.

How We Can Help

You need a top quality commercial property damage lawyer at your side when you’re dealing with an insurance company. Contact Tighe P.A. today for your commercial property damage legal needs in Florida.