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The Storm After the Storm: Scam Contractors Who Prey on Those Suffering After a Natural Disaster

‘The key is to get a lawyer to look at the contract before you sign it,’ Baylor legal expert says WACO, Texas (Oct. 11, 2018) – Following a natural disaster or strong storm like Hurricane Michael, there is usually a second wave of potential destruction – scam artists looking to line their pockets. “After any major weather-related incident, insurance adjusters and contractors swarm the affected area and, unfortunately, some are looking to take advantage of those in distress,” said Stephen Rispoli, L.L.M, J.D., assistant dean of student affairs and pro bono programs at Baylor Law School. As an attorney, he works with victims of insurance scams. Rispoli said most contractors are legitimate businesspeople helping neighbors rebuild. But there are the unscrupulous ones whose practices inflict financial and emotional pain on people already suffering from storm damage. “The primary result of these scams is financial loss,” Rispoli said. “The homeowners may pay much, much more than they should have to fix the damage, sometimes having to pay multiple contractors for the same work. Sadly, in some cases, homeowners could even lose their homes.” In this Q&A, Rispoli shares some tips to help those reeling from storm damage identify and avoid scammers. Q: Who are the most common victims? A: The most common targets are those in distress following a major storm, the elderly and the disabled. Q: How will scam artists approach a potential victim? A: Usually, contractors will approach homeowners they know have been affected. This happens as simply as the contractor driving through neighborhoods looking for damaged homes. Let’s say, for example, they see a damaged roof with a homeowner standing outside looking at it. They’ll quickly pull over and offer to tarp the roof to prevent damage. The homeowner, already distressed by the storm and the damage to the house, agrees. Once the tarp is on, the contractor then starts asking questions about insurance coverage, which insurance company has insured the house, and helpfully offering his or her opinion on how much it will cost to fix the damage. Unscrupulous contractors will try to take advantage of this situation by pressing the homeowner to sign a contract with them. I have even seen cases where the contractor left all the blanks in the form contract unfilled, including the work to be done and the price, saying things like, “Don’t worry about that, we’ll talk to your insurance company and get it all taken care of, just sign it.” Once the unscrupulous contractor has a signed contract, they can fill in the blanks at their leisure. At this point, they are in total control – they know how much the insurance company will pay, and they can try to squeeze the homeowner for more money by charging too much or with add-ons that may or may not be necessary. Q: What are some of the potential losses victims can suffer? A: Financially, victims could lose money by paying more – sometimes much more – than they should for repairs. Or, in extreme cases, they could even lose their homes. That could happen if the homeowner signs a contract with the contractor that contains a mechanic’s or materialman’s lien provision. Under these provisions, contractors can file a lien with the county for work done on the house to ensure payment. If the homeowner does not pay the contractor the amount owed under the contract, the contractor can seek to foreclose on the house to recover the amount owed. Q: What about dealing with the insurance company? A: It’s important that you cooperate with your insurance company and your adjustor. Call your insurance company as soon as you can. Waiting to file a claim may make the process take longer or complicate matters. You should be responsive to their requests, but don’t be afraid to ask questions if you have them. Be sure to take photographs of any damage or evidence of the storm if it’s safe to do so. After your initial conversation with your insurance company, the company will send an adjustor out and will give you a quote. However, after you’ve had two or three contractors come out and give you estimates, if the adjustor’s quote looks too low, don’t be afraid to ask for another adjustor to come out and give you a quote. You should feel comfortable with the process as you move forward. Q: Is it illegal or unethical for contractors to file liens? A: It is not necessarily unscrupulous for contractors to include a mechanic’s or materialman’s lien provision in the contract. Generally, creditors cannot foreclose on a person’s homestead in Texas. The purpose of a mechanic’s or materialman’s lien provision is to protect the contractor should the homeowner wrongfully refuse to pay for work done on a homestead. On large jobs where several thousands of dollars are at stake, the contractor may rightfully want to make sure that they can be paid for the job. Whether they are appropriate can only be decided on a case-by-case basis. Q: Are there red flags people should look for when presented with a contract? A: Do not sign a contract you are not comfortable with. There are several red flags to look for: pressure to sign a contract, giving you little time to think about it, refusing to let you take the contract to a lawyer, and asking to collect the money directly from the insurance company or pressuring you to give them the check from the insurance company. Q: How do people know if the repair costs presented to them are too high? A: Be sure to get written estimates from several (at least three) contractors. By getting three estimates, you’ll have a better idea of how much the repair should cost. Any estimates that are way lower or way higher than the others are good indications that something is off. If that happens, get another estimate from a different contractor. Do not be afraid to ask contractors to come give you an estimate. It is a normal part of their job, and good contractors will not mind taking the time to do it. Q: How do you know if a contractor is legitimate? A: Do your homework on the contractors. Ask for references and call them, and check with the Better Business Bureau. Be cautious when dealing with contractors who are not from your area, and extra cautious if they are not from Texas or will not provide local references. Q: Contractors often ask for upfront money, don’t they? A: Once the contract is signed and the work begins, be sure to control the money. The contractor will likely ask you to pay some of the contract up front so that they can begin to purchase materials and hire the crew to work on your repair. Try to pay as little as possible. You do not want to give them the bulk of the money up front, because then the incentive to get the job done quickly is diminished. After the job starts, ask the contractor to give you, in writing, progress reports when they ask for more money. Do not pay more than the progress report. Do not give the contractor the final payment until all the work is done. Q: If someone feels they’ve been taken advantage of, are there legal steps they can take? A: The key here is to get a lawyer to look at the contract before you sign it. Once the contract is signed, it will be difficult for a lawyer to undo the damage. If the contractor is trying to foreclose on the home using a mechanic’s or materialman’s lien, a lawyer may be able to save your home. There are several Texas Constitutional and statutory protections for homeowners. If the contractor did not strictly follow the steps necessary to properly attach a lien, a lawyer may be able to keep the foreclosure from happening. ABOUT BAYLOR UNIVERSITY Baylor University is a private Christian University and a nationally ranked research institution. The University provides a vibrant campus community for more than 17,000 students by blending interdisciplinary research with an international reputation for educational excellence and a faculty commitment to teaching and scholarship. Chartered in 1845 by the Republic of Texas through the efforts of Baptist pioneers, Baylor is the oldest continually operating University in Texas. Located in Waco, Baylor welcomes students from all 50 states and more than 80 countries to study a broad range of degrees among its 12 nationally recognized academic divisions. ABOUT BAYLOR LAW SCHOOL Established in 1857, Baylor Law was one of the first law schools in Texas and one of the first west of the Mississippi River. Today, the school has more than 7,400 living alumni. It is accredited by the American Bar Association and is a member of the Association of American Law Schools. Baylor Law has a record of producing outstanding lawyers, many of whom decide upon a career in public service. Baylor Law boasts two governors, members or former members of the U.S. House of Representatives and the U.S. Senate, two former directors of the FBI, U.S. ambassadors, federal judges, justices of the Texas Supreme Court and members of the Texas Legislature among its notable alumni. In its law specialties rankings, U.S. News & World Report ranked Baylor Law’s trial advocacy program as one of the top 5 in the nation. Baylor Law School also is ranked No. 50 in the magazine’s 2019 edition of “America’s Best Graduate Schools.” The National Jurist ranks Baylor Law as one of the “Best School for Practical Training” and No. 4 in the nation in its most recent “Best Law School Facilities” listing. The Business Insider places Baylor Law among the top 50 law schools in the nation. Baylor Law School received the 2015 American Bar Association Pro Bono Publico Award, making it only the third law school in the nation to be honored with the award since the award’s inception in 1984. Learn more at baylor.edu/law.

One Tweak That Can (Instantly) Add Significantly To The Value Of Your Business

If you’re trying to figure out what your business might be worth, it’s helpful to consider what acquirers are paying for companies like yours these days. A little internet research will probably reveal that a business trades for a multiple of your pre-tax profit, which is Sellers Discretionary Earnings (SDE) for a small business and Earnings Before Interest Taxes, Depreciation and Amortization (EBITDA) for a slightly larger business. Ian Fitzpatrick is a Chartered Professional Accountant and a Chartered Business Valuator. He is an expert in advising business owners and entrepreneurs on all aspects of corporate sales, mergers, acquisitions, litigation, succession and ownership issues. In a recent piece, Ian highlights how business owners can take simple steps to add significant value to their enterprises. To learn more, simply click on the short article attached at the bottom. To contact Ian directly, simply click on his icon to arrange an appointment regarding this topic. Source:

Forecasting sales using financial stock market data

Firms use many kinds of data for forecasting future sales—one of the key activities in the management of a business—and combine various methods in order to utilize different types of information. A recent study by Nikolay Osadchiy, assistant professor of information systems and operations management; Vishal Gaur (Cornell); and Sridhar Seshadri (UT Austin) focuses on financial stock market data in developing a new methodology for firm-level sales forecasting, testing it against standard benchmarks such as forecasts from equity analysts and time-series methods. Applying their method to the forecast of total annual sales for US public retail firms, the researchers find their market-based approach achieves an average 15 percent reduction in forecasting error compared with more typical forecasting methods. Their model, they write, can also be applied to hedging operational risk with financial instruments. Source:

Going about business . . . and helping change

Politically oriented organizations, such as those advocating equal rights for lesbians and gays, have long been credited with effecting changes in public policy that reduce discrimination. But what about the role of “ordinary” commercial organizations, such as dry cleaners or insurance agencies or clothing stores, that are affiliated with a “challenger” group that has limited recognition in a political system? A recent article by Giacomo Negro, associate professor of organization and management; Glenn Carroll (Stanford); and Fabrizio Perretti (Bocconi) examines such organizations, which are often overlooked in the study of policy outcomes. The researchers find that “politically mundane” commercial enterprises linked to lesbians and gays can contribute distinctly to local enactment of nondiscriminatory policies. The researchers attribute this to the bridges created between these businesses and the larger community, and to the normalcy and legitimacy signaled by their familiar organizational forms. They find that the more diverse in nature these commercial organizations are, the greater their potential to bring about nondiscriminatory policies. But this potential is diminished, they note, in communities where political organizations, particularly those engaging in contentious action, have a larger presence. The authors conclude that commercial organizations are an important complement to political action and can helpfully challenge discrimination while enhancing community connections and awareness. Source:

The impact of behavioral bias on decision-making

For business leaders, the ability to make critical decisions in a dynamic work and industry environment is essential to the success of an organization. However, Diwas KC, associate professor of information systems & operations management, and coauthors Francesca Gino (Harvard U) and Bradley R. Staats (UNC) note that behavioral traits can sometimes impact the ability to weigh new information and make a logical decision, even in the face of negative news. KC, Gino, and Staats analyze 147,000 choices made by cardiologists during a six-year period when they were presented with negative news from the FDA about drug-eluting stents used in angioplasty. The experienced cardiologists were more likely to continue using the questionable stents than their less-experienced peers, even after being informed of the problem. The role of influence also played a factor in the decision-making. They add, “Given that those who feel they are expert are less likely to react to negative news, those around them show the same tendency, thus making worse decisions than those in groups with less perceived expertise.” The seasoned cardiologists were better able to “generate counterexamples to the negative news and thus be susceptible to confirmation bias.” The authors note managers should be aware that more experience and the perception of expertise may bias decision-making. Source:

Significance of pricing and product-line strategies

In new research, Ramnath Chellappa, associate professor of information systems & operations management, and coauthor Amit Mehra (U Texas) investigate the business practice of IT “versioning,” whereby a company creates different models of a product in order to charge varying prices for each one. Much research takes into account economies of scale and a company’s marginal costs—the price of making an additional unit of a product. However, Chellappa and Mehra note that companies also need to consider consumer usage costs when they decide to create various versions of the same IT product. But for IT products and services, the “costs” are not monetary. The pair note the “time commitment and physical effort” to use IT products or services. They use the example of mobile devices: “One cannot enjoy these information goods without them consuming resources such as memory and processing power.” They determine that “this consumption-related disutility” is critical to feature bundling and consumer segmentation. The researchers create a model to test the consumer cost impact, using a “digital goods firm with a unique production cost structure and agents—consumers who face resource constraints in consuming these goods.” Given the usage costs, they determine that individuals may not necessarily prefer products with more features to lower-quality items. The pair concludes “marginal cost and consumers’ usage costs have the same impact on versioning strategy.” Source:

Managers’ performance measures and their work behavior

Management accounting literature devotes considerable attention to the “controllability principle.” This principle stipulates that managers should only be held responsible for the results they directly control through their actions. The literature argues that the use of less controllable performance measures reduces managerial motivation and causes stress. However, Karl Schuhmacher, assistant professor of accounting; Michael Burkert (U Fribourg); Franz Fischer (independent researcher); and Florian Hoos (HC Paris) argue that there can also be positive effects associated with a lack of controllability. The researchers conducted a survey with 432 business managers, asking questions related to the measures used for their performance evaluations. They concluded that less controllable measures do create stress but also induce proactive work behaviors. In fact, the lack of controllability stimulates managers to cope with stress by interpreting their roles more flexibly and cooperating with peers to seek solutions for organizational problems they cannot control individually. The authors suggest further research to determine how organizations modulate between the positive and negative effects of disregarding the controllability principle. Source:

The role of behavior in managing mergers

Despite corporate interest in M&As as a growth strategy, research indicates that financial returns on such deals often fall short of expectations. Corporate leaders spend considerable time looking at the financial and quantitative aspects of mergers and acquisitions; however, Sandy Jap, Sarah Beth Brown Professor of Marketing; A. Noel Gould (Texas State U); and Annie H. Liu (Texas State U) argue that factoring in people should also be a major consideration when it comes to a proposed deal. Their research indicates that better employee and customer management is especially critical to an organization’s M&A strategy and implementation success. The trio analyzed ANZ New Zealand’s horizontal merger with the National Bank of New Zealand to better understand the impact of employee and customer behavior on the deal. They contend that this brand and technology merger succeeded due to ANZ’s commitment to ensuring customer satisfaction and addressing employee concerns about the merger. ANZ New Zealand also focused on business efficiencies and rebranding efforts. Jap, Gould, and Liu note that collaboration became a big key to the success of the merger with ANZ’s financial, IT, marketing, and communications personnel working closely together to retain customers. Source:

Markdown Management and Shopping Behavior

Consumers face the trade-off of immediately paying tag price for an item or waiting for a time when it might be marked down but out of stock. In new research, Nikolay Osadchiy, assistant professor of information systems & operations management, Manel Baucells (U of Virginia), and Anton Ovchinnikov (Queen’s U) argue that retailers can better optimize markdowns by paying more attention to this particular type of consumer behavior. The researchers approach the consumer waitor-buy decision as a “multidimensional trade-off between the delay in getting an item, the likelihood of getting it, and the magnitude of the price discount.” Those dimensions need not be independent; for example, the consumer patience (or sensitivity to delay) could depend on the magnitude of markdown. By optimizing the model, they find that retailers can substantially increase revenues by offering larger markdowns than the current state of the art suggests. In the experiments involving business school students as well as Amazon Mturk participants, which is an on-demand, scalable workforce, the trio found that the expected revenue gains are between 1.5% and 2%. Source:

The impact of economic prosperity on CEO ethics

Prior research suggests that economic booms are associated with overconfidence and risk-taking. In a new paper, Emily Bianchi, assistant professor of organization & management, and coauthor Aharon Mohliver (London Business School) build on that research by showing that prosperous times are also associated with more ethical lapses. The authors examined whether CEOs were more likely to backdate their stock options during prosperous economic times. Backdating stock options was relatively common during the late 1990s to early 2000s. It was also unethical. A backdating CEO would receive a stock option grant on one day but report that the options were assigned on an earlier date when the stock price was lower. This would allow the CEO to realize greater gains when he or she sold the stock. Also, it required lying to the SEC and came at the expense of company profits. To test their theory, Bianchi and Mohliver looked at the backdating patterns of 2,139 CEOs of US publically traded companies between 1996 and 2005. They found that CEOs were more likely to backdate in good economic times. They also found that “CEOs who began their careers in prosperous times were more likely to backdate stock option grants later in their careers.” The findings indicate that economic prosperity influences the likelihood of corporate misconduct. Source: