FREQUENTLY ASKED QUESTIONS (FAQS) ABOUT RECOVERY FUND
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Is it necessary to be represented by an attorney?
What can be expected after the filing of a claim?
What is the basic time frame?
Is it necessary to be represented by an attorney?
This decision is entirely up to the claimant. While some claimants choose to be represented by an attorney in their claim, it is not necessary in order to file a claim. If the claimant is represented by an attorney, the Board will contact that attorney directly with regard to the claim. Attorney fees may be recoverable from the Recovery Fund.
What can be expected after the filing of a claim?
Once a claim has been received by the Recovery Fund, the Board staff will open a file and the claim process initiated. The claim form and all attachments will be copied and served on the general contractor alleged to be the cause of the reimbursable loss. The contractor will have thirty days to respond to the allegations contained in the claim. The staff will conduct an investigation to determine if the claimant meets the requirements for reimbursement set forth in the Recovery Fund statutes and Rules (at cite).
Once the investigation has been completed, the Board staff will make an initial decision as to whether the claimant has successfully met the requirements for assistance from the Fund. If Board staff determines that the claimant meets the requirements, an informal fact-finding conference will be scheduled before a Board member.
At the hearing, the claimant will appear before a Board member and present information regarding their claim. The purpose and focus of this conference is to determine the actual loss the claimant has incurred as a result of the actions of the general contractor. Only the actual loss, along with attorney fees and court costs, will be considered. Special damages, consequential damages, punitive damages, etc. will not be considered.
The claimant will present their case to the Board member, including specific information concerning an accounting of their actual loss. The Board member may ask questions about the claim and the information provided. Following the presentation of this information, the Board member will make a recommendation as to the amount of assistance, if any, to approve. The recommendation and claim file will be reviewed by the Board to make a final decision.
What is the basic time frame?
It is difficult to state a general time frame because each claim is different. Factors include if all the required documentation is included with the claim form, if the civil action has been completed and how much difficulty the Board has in serving the claim on the general contractor. IFF Conferences are normally held three or four days a year to hear recovery fund claims and the Board meets every six weeks to review the recommendations. Claimants should be aware that obtaining assistance from the Fund is not a swift process in most cases.
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This web page was last updated: 08/30/2007 11:45:20 AM