Tuesday, October 24, 2006

Considered this thought provoking comment.

Someone commented on my ranty post about the crazy lady, last month.
He raised some interesting points, and I decided this was worth commenting on.

Oh Man!
I feel for you.

Thanks!

HOWEVER, I'm sure you work with a contract,being a professional, and I'm sure you have a clause about payments that includes the DOWN payment. I'm sure your contract stipulates details like access to the worksite otherwise billed at $55/hr etc etc (which would include an area to wash your brushes.
Nope. No down payment on a job that is only going to take one day. Would you expect a down payment in liquid funds from, say, someone coming over to say, repair your refrigerator? Yes, I almost always have a signed, written contract and did in this instance. A down payment was required for the exterior. Balance "on satisfactory completion of all work."
No, I don't stipulate conditions in that much detail. I don't know anyone who does, for small jobs. I certainly don't stipulate a requirement for an area to wash my brushes. That's assumed a given - it's the only time in 27 years that I have been denied access to water. I don't stipulate things like "must be able to park within 100 feet of the residence" either - I assume that's also a given.

You should not tolerate any wishy washiness over color with any client, but of course that is specified on your SPEC SHEET in your contract, ISN'T IT?
Nope. Client wishy-washiness about color is a common in residential paint jobs. A painter who "won't tolerate" this with residential clients won't get much referral business, I assure you. Yes, I charge for extra trips and time for color changes. Varies with size and complexity of job.

If a client is 3" form you while you are working you should STOP and say"my insurance does not allow you or any children or dogs or cats to be in the work area. As a matter of fact, you being here is a breach of contract, and subject to work stoppage which is clearly stated in the contract you signed when you gave me my deposit. This breach of contract is billable at $55/hr until it is rectified. AND if I have to go get another color of paint, that time is also billed at the same rate, as well as my marking up the paint cost 20%.
Uh, no, haha. My insurance does not disallow any such thing and I don't specify location of clients, their children, or their pets, (in inches no less!) in my contract. That's plain silly. It might have been 4 1/2 inches, I didn't take out my measuring tape and check.
Much of my work is repeat business, all is from referrals, people live in the houses I work in and sometimes there are children and pets and adults in the same room while I work. Shocking, I know. 99.9999% of my clients are reasonable and considerate people who would be amused and possibly bemused by such demands.
I've had work done on my own houses by competent, experienced trades people. Never have I seen a contract written out in this sort of detail. Since I generally know these guys from other jobs, it's generally a "handshake" agreement and it's always worked out fine.

Don't let this mental case roll over you.

Trust me, it was much easier to walk away. I pick my battles wisely! Over the years I've had to sue in small claims court, threaten leins, block a driveway (a city councilman no less, who kept writing bad checks) and once, had my 6'4" burly ex-husband threaten to get medieval on a GC who was trying to get out of paying his subs. Last time I took someone (an attorney, no less) to small claims court, he paid up before we went to court because he was gonna lose anyhow. That was....11?12? years, and thousands of clients ago.

BTW You do have insurance, and a tax id #, and a business license, and workers comp or the proper opt-out, right?
Yes but what's that got to do with the crazy lady?

You may want to log onto www.contractortalk.com if you are unsure of any of the things I have mentioned. My name at the site is Terrence, and I would be happy to help out if I can.
I will definitely visit, when I have time. I used to hang out a little at a paintertalk forum, but that was years ago. I don't doubt your sincerity and knowlege one bit. But not all of it applies to real small contractors who work with residential clients in their homes. Maybe I'd be in the serious six figure net income bracket if I followed your advice to a T, I dunno. :)

7 Comments:

At 6:07 AM, Anonymous Anonymous said...

Finally someone with a common sense approach to business. I would rather do things on a handshake any day. Enjoy your blog...keep up the very enjoyable site.

 
At 1:06 PM, Blogger yellowdoggranny said...

i think you did the smart thing by just walking away...i would have figured out some way to put urine in her apple juice..but that's just me..haha

 
At 4:37 PM, Blogger Scott said...

We have one of the most detailed form contracts in the industry, and I still couldn't stop laughing whe I read that......talk about OVERKILL! Most customers would laugh at you for most of those contract "clauses". Good god....Our commercial contracts don't even have that much crap in them!! Thanks, I needed a good laugh today.

 
At 8:55 AM, Blogger Jenn said...

All a matter of scale.

I had one client that I SHOULD have had a contract with. Hindsight being perfect, of course.

Little jobs come in and go out without much trouble. It's a rariety to get a rukus client like yours.

 
At 1:41 PM, Blogger Tabor said...

I think with some strangers a handshake is not good enough, unfortunately. But, as you said, this is a rarity. Thank goodness most of us have common sense.

 
At 4:07 AM, Blogger Carina said...

Anonymous - thanks for stopping by and thanks for your nice comment!

jackie sue - LOL. Never thought of that.

Scott - no kidding. I can see having more detailed contracts for larger jobs/clients; I used to. Now I'm more "mom and pop" so it really isn't necessary.

Jenn - you're right, it really is a rarity.

Tabor, ditto. Many of my clients aren't total strangers - they're co-workers, neighbors, family members, friends or repeat business...I don't advertise so it's al word of mouth.

 
At 2:33 PM, Blogger Karen said...

wow, there's a lot more to painting than painting, eh?

 

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