Legal counsel and insurance carrier determined liability was minimal because of the condition existing due to an 'act of god'. As an operator, we held the responsibility to address all emergency and maintenance related issues in an efficient and timely manner.
The flood caused emergency conditions that necessitated access and remedy. The wet items and underlying wet physical plant necessitated 'extraordinary and reasonable' maintenance procedures to cure condition to 'betterment of all parties both owner and entirety of lease holders.
We gave tenants 48 hours to come in before we took possession and started cure of condition.
You need to have your insurance carrier intimately involved in advising you on procedures to use so they stand behind you during litigation. You will be sued most likely. All of our suits were either dismissed or settled out of court by the carrier.
Chin up Randy. Call me if you think I can help, or you need to vent to someone who has been there!
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