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Legal Risk Management: Weather the Day-To-Day Storms
9/16/2005

David M. Governo’s presentation at ASCR’s Weathering the Storm: Winning Solutions for Turbulent Times, which was held in St. Louis, Missouri September 14-17th, illustrated how the legal system can operate as an ally to provide both legal protection and competitive advantage, by imposing a consistent structure that results in efficiencies and profits.

Legal Issues in Water Damaged Building Losses (Presented at the Commercial Drying Research Institute, Tom's River, New Jersey)
5/15/2005

Presented at Commercial Drying Research Institute’s Controlling Costs in Water Damaged Building Losses class, the presentation discussed the three most common problem areas and how to be proactive to reduce the possibility of a lawsuit.

 

The number one proactive measure is to manage your customer’s expectations.  You must understand the scope of your duty, and communicate this with your customer, ensuring that they understand the scope of your duty, perform your duty and document your work.

 

Although you may have communicated your duties to your customer, they may not understand them in the same terms.  Ask them questions, encourage them to ask you questions ensuring they understand exactly what will and will not be done.

 

It is a good idea to develop standard business practices, which should include handouts and references to give to your customers.  All communications and work performed on the job should be well documented.  Documentation proves to be a great asset if you have to recall events, especially if it is not a current project.

 

In addition to managing customer’s expectations, contractors need to be certain that they can perform the work that is required of them.  Avoid cross contamination is as well as damage to household goods.  

 

Contractors also need to be aware of three common troublemakers: mouth, band-aid and greed. 

 

Mouth

If the customer has a question or concern, Murphy’s Law dictates he or she will consult the least qualified person on the job.  Request that your customers speak directly to the project’s supervisor or manager.  Explain to your employees that if prompted, they should refer the customer to a more qualified individual, such as a project supervisor or manager, rather than attempting to address the question or concern themselves. 

 

Do not over promise and under deliver.  If you are not certain that you can accomplish a particular task, or tasks do not tell the customer it will be done.  Finally, stick to your area of expertise; do not offer opinions outside your area of expertise. 

 

Band-Aid

Correct the original problem; do not just cover it with a band-aid.  Correct the source of moisture to reduce the possibility of future damage.  Most importantly, dry completely!

 

Greed

The final troublemaker for contractors is greed.  Avoid conflicts of interest and do not allow insurance companies to dictate methods or scope of your work, do the job correctly.  Care about the job at hand, do not become indifferent and ignore complaints from your customers.  You want a happy customer.

 

“Protect yourself at all times”

 

The presentation was originally presented at the Commercial Drying Research Institute, located in Tom’s River, New Jersey.  www.cdri.info

Value Engineering (Presented at the ASHRAE Winter Meeting)
2/9/2005

HVAC engineers design systems that are often blamed for a variety of problems later encountered at a facility.  Sound engineering alone is insufficient to provide engineers with optimal protection from liability.  Knowing where an engineer’s legal vulnerabilities lie is a key prerequisite to taking the logical steps necessary to minimize financial exposure.  This presentation, given at the 2005 ASHRAE winter meeting, will discuss how HVAC Engineers can achieve their business goals of getting paid for their work, while avoiding potentially costly claims.

Water Loss Specialist School: Legal Issues (Presented to the Water Loss Institute)
1/26/2005

The Water Loss Institute (WLI), a division of ASCR International, is the world's foremost authority and resource on the restoration of residential and commercial property as a result of water and sewage damage. members of WLI/ASCR adhere to its high code of ethics and stays abreast of the latest technology and expertise in the industry. 

 

Originally intended as a training tool for members studying for the certification exam, this presentation highlights legal issues faced by water damage professionals.

Please contact Governo Law Firm for more information.

Asset Protection Planning
1/15/2005

Over time, claims and lawsuits are inevitable for business owners, which is why asset protection is important.  Regardless of how well you perform your work there is no guarantee that you will not be sued.  Over a sufficient period of time a lawsuit may not be inevitable, but it is likely.  Fortunately, there are approaches that you can take to minimize the risk that a lawsuit will cause you financial harm. 

 

There are two basic strategies: asset protection and insurance.  While insurance shifts the risk of loss from you to your insurance company, asset protection operates to insulate you and your assets from whatever is causing the risk of liability.  Although both approaches should be employed, this presentation focuses on a few key asset protection strategies that business owners can employ to protect the financial security that they have worked so hard for.

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