Texas Law & Licensing
When a job is limited: complications and conflicts
In plain English
Chapter 9 gives names to the things that get in the way of a job done by the book. A limitation is a restriction imposed by others, such as a budget cap, a ban on containment, or skipping the assessment. A complexity makes the work harder but still doable: tight access, after-hours work, an occupied building, a crawlspace. A complication arises after work starts and changes the scope, such as a new leak or the discovery of asbestos.
R520 says only the owner or the owner's agent can impose a limitation, and it should be written down. If an adjuster or anyone else tries to limit the work, the owner should be told and should approve it first. Complications should be reported to the owner in writing promptly and may need a change order.
When these lead to disagreement over how the work should be done, R520 calls it a conflict. The remediator can negotiate, decline, stop work, or proceed with releases and disclaimers reviewed by a lawyer. If a condition is illegal or dangerous, it must be resolved immediately or the work stops. Texas note: in Texas, a limitation cannot override the licensed assessor's protocol or TDLR rules on a regulated project; changes to the protocol go through the assessor.
Key points
- Limitations come from others; complexities make work harder; complications arise mid-job.
- Only the owner or the owner's agent can impose a limitation, in writing.
- Report complications promptly and use change orders.
- Illegal or dangerous conditions mean the work stops.
- In Texas, the licensed assessor's protocol cannot simply be waived.
Official text
This topic is covered in our own words because the standard behind it is copyrighted; we cite it below rather than reproduce it.
Citations
- IICRC S520 Reference Guide, IICRC S520 Standard and Reference Guide for Professional Mold Remediation — Reference Guide — Ch. 9, pp. 101–104. Best practice
