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Contractor beware!


Some folks are never happy, no matter what you do.

For our latest example, we were contacted by a local couple in desperate need of landscape services. We explained our contract, our estimates, talked about the work needed and agreed on a price. We received down payment, and immediately began the project.

Although the bid we came to was likely lower than any other estimate they received, this couple was still concerned about price. Nickle here, a dime there. We applied discounts, reduced materials, and came to what was decided to be the best course of action for them. And while we cautioned them not to attempt a project this size without what we had planned for the budget. They had decided that they were willing to accept the risks.

We finished, soon after. In nearly 1/3 the time we estimated the project would take. I assumed (wrongfully) that our clients would be ecstatic.

While we bent over backwards, applied discounts, left extras, and included materials including plants paid for out of our own pocket, and went far and above what was agreed on our clients were dissatisfied.

While they admit the project looked great, they fabricated dissatisfaction under the pretense of what you may ask? More free material and labor paid for by us.

First, It wasn't that we didn't do a great job, had that been the case, they certainly wouldn't be asking for more, and more work.

Secondly, we took a bazillion photographs before and after, showing what the project progressed to.

Third, we under promised and over delivered on the contract that our customer agreed to. We went out of our way, for our customer's benefit.

This situation brings us into what one of my attorney friends' has also observed. The more nit picky and difficult the client, the more difficult to impossible they may make it to get paid. While making it harder on themselves to be satisfied.

Another issue I encounter a great deal, is the customer who only has a very vague notion of what they want, while they may seem on the outside, to be easy going, 'take it as it comes' type of customer, my experience often points to the opposite. They only know what they don't want when they see it and have time to think about what they would like better.

A solid contract is absolutely needed with any customer, but especially this type. While the contractor with a solid contract can work with constant design changes to make more money, A unprepared "handyman" and perhaps even some experienced contractors may take a faster approach, and go without the legal protection.

My experience, and the experiences of others have taught me, that is a mistake. NEVER, do ANYTHING, for ANYONE without a clear, concise and agreed upon contract. Even if it's your cousin Ernie, maybe even especially if it's your cousin Ernie...

Bad clients are a part of the industry. You cannot and will not go unscathed as a contractor in dealing with difficult clients unless you close your business.

Knowing that some clients just plain suck is something you can prepare for.

-Write up a contract, explain it, and have your client sign before you accept any money or begin any project.

-Realize that your handshake may mean your word, and your client may use this against you.

-Expect criticism, attempt to put yourself in their shoes, if you were going to try and make life hard on a contractor, how would you do it? What would you say?

-Purchase prepaid legal services, it is incredibly inexpensive vs. the heartache you could potentially endure. This can even be used for drafting contracts. Shop around and pick the best one for you. If you can take away anything from this article, remember these terms "as is, and implies no warranty" and "we win in all cases". I'm no attorney, but knowing how to use these terms has helped me, but as they say "your mileage may vary".

-Take pictures, of everything, all the time.

Before I begin a project I take photographs, of the entire work area, any potential hazards, purchased materials, and basically everything else you can think of. I do the same during the project under construction, and if the homeowner asks for anything additional, and finally at the end of the project. Most contractors and other industry pros call it C.Y.A. "cover your ass". Besides doing exactly that, it makes for excellent marketing material if you have a good camera and know how to use it.

We include a statement of rights over our photographs, that include permissions to prevent misuse, or prevent legal action against us for taking them. We are on private property, after all, and it is possible that a homeowner could prevent you from capturing photographic evidence of some wrong doing on their part.

A terrible customer was likely the one that's default response to unreasonable or unrealistic demands is "the customer is always right" , this is simply not true. The customer is not the expert, that is why they hired you!

Your customers need to trust that you know what you are doing, and how much the project will cost, never sacrifice the quality or quantity of the work needed at the customer's say so.

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