Tagged: EMCOR, Maintenance
- This topic has 2 replies, 3 voices, and was last updated 9 years, 9 months ago by
Anthony Patete.
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08/12/2015 at 7:09 pm #3951
David
ParticipantI have a new EMCOR situation. We have a post office with USPS Maintenance. After hours, a non USPS driver knocked down a light pole in the parking lot. No police report was filed, the driver didn’t report anything. EMCOR calls me and tells me I must fix it. I read from the lease that my responsibilities are Roof and Structure only. EMCORE says because it’s an “insurable event”, that I have to take care of the repairs. I refuse. They tell me that it falls under page M1 Section D3 of the maint rider, that says damage from Acts of God, Public Enemy, Riot, or Insurrections are my responsibility and that this driver qualifies as a public enemy. I tell them that a “Public Enemy” is legally defined as “a nation or state upon whom the United States of America has declared war”. They then tell me its NOT the public enemy clause, its the next one that says “Fire or other causalities” and the driver is considered an “other causality”. I tell them that according to that definition, anything is an other causality and that clause implies “other causalities” to be catastrophic events in a magnitude equal to a fire, such as a landslide, flood, hurricane, etc. They’re now threatening enforcement and withholding of rent if I don’t comply. Anyone else dealing with this kind of refusal to adhere to the maintenance provisions on the part of EMCOR, and what have you done about it? I’m going to consult my attorney as this is the 6th issue this year that EMCOR has tried to make the landlord responsible on in direct contradiction to the lease and riders. This is the first time they’ve been this pushy about it though.
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08/21/2015 at 2:06 am #3970
Don Swete
ParticipantEMCOR must like using the phrase “insurable event” like it is something magical that absolves the P.O. from responsibility ! They used that phrase with me after it was acknowledged that a delivery driver hit the bldg causing damage, but not known whether it was a postal employee or an HCR driver. They seem to think that if someone else’s insurance will pay, they don’t have to. I’m still fighting them…….
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08/21/2015 at 2:19 pm #3972
Anthony Patete
ParticipantGentlemen-
Understand that insurance is not a legal requirement, meaning, just because you have it does not absolve the tenant (USPS) from its obligations under the lease, which is a contract. You are insuring your asset and it is not a repair or replacement policy. Note, USPS may also have insurance which insures them for any liability, but that may not be the case here. Insurance companies step into the shoes of the insured and from there they make a determination of LIABILITY under the law, their obligation under the policy, and the lease. In the event your insurance company pays, then they will go after the person liable for the damages, and that may be USPS. The only way to get a real determination on this issues is for a judge to make a determination, but the first step should be to submit the claim and let the carrier make a determination. I suspect it will be denied, but you will get a letter stating the reasons for a denial. From there, you can send that denial to EMCOR to support your position under the lease. Either way, I suspect USPS will be liable, either to you or to your carrier.
Good luck!
Anthony Patete
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