Please note: Our office will be closed on Wednesday, June 19th, 2024, in observance of Juneteenth.

Would you like Claudia to manage your liability concerns?

Can’t Certify the Work

Q: "Due to COVID and Supply Chain issues there have been many delays getting building materials to sites. When completing construction progress reports, I am repeatedly being asked to report on what will be done. Several times, recently, a contractor has promised the materials will be on site “tomorrow,” “next week,” or just “soon.” Despite their assurances, I have to explain that I cannot certify that work is complete if that is not the case.

Even though it means a return trip for me back to the site, I continue to tell them I can only report on work that is truly complete. I blame it on the client sometimes and say that I am required to provide photos confirming the work has been done. As my E&O carrier, I assume you support me and think I should continue to do this?"

A: Of course, and good for you. Too many times an appraiser has given in to the pleas of a contractor only to find out later that the promised work was not completed. Once, building materials that were on site were loaded on a truck the minute the appraiser left and taken to another job site.

The bottom line is if the work has not been done, you can’t say otherwise and all work should be confirmed with photos, whether required by the lender/client or not. You can always retain the photos in the workfile if the lender does not require photos as part of their completion reporting.

Would you like Claudia to manage your liability concerns?