I had intended to write this post after working a late shift last night, but while I was at work a small tornado came through town and wiped out the power.
Here’s a brief recap to set things in chronological order: My post in thread III started at the beginning with the signing of the contract. Only two weeks after signing the contract (waiting for the concrete contractor to finish) did I learn that I would be building on colored concrete. It was after this that their demands for daily phone calls began.
Now it just so happened they didn’t like the way their colored concrete turned out. The concrete contractor didn’t make the color very uniform. That’s when I showed them one of the latest articles in one of my trade magazines in hopes they could repair it: “Decorative Concrete Floors” Fine Homebuilding April/May 2006. The husband just rolled his eyes when I referred to Fine Homebuilding as one of my trade magazines. I read his face like an open book and told him I also subscribe to JLC. It turned out he had just about every issue ever published. Apparently he didn’t consider any magazine you could find in home center an actual trade magazine. I knew I didn’t like him right then.
What added to my dislike was the way he would try to control my building procedures because he was buying the materials. I know what you’re thinking; you don’t have to say it: “Why in the world would you ever let the homeowner buy the materials?” Well, it was my first big job, and I didn’t have a clue of how to estimate. I thought if he handled the materials, estimating would be easier on me because I would mostly just estimate the time.
Anyway, according to the prints, the walls were supposed to be 10′ high. He delivered 10′ studs (instead of 10′ precuts) and insisted that I make the walls 10′ – 3″. I tried to tell him the prints said 10′ walls, but he wouldn’t budge. Now I would have to cut all of these studs at 10′ – 1, 10′ – 1/2″, and whatever, down to exactly 10′. He also insisted on oversized 2×12 headers. I was doing a lot of this work myself, and his 2×6 wall were heavy enough for one man to lift. Now I would have to piece the headers in place after raising the walls.
This was all slowing me down, but what takes the cake is the way he would try to tell me not only what to build with, but how to but it together. Because he subscribed to JLC, and because he supposedly held some summer job in construction when he was a kid, he thought he knew it all. On one such occasion he insisted I should glue exterior wall sheathing. “What?? That’s not usually done,” I told him. “You always glue sheathing,” he said. “Ah, no you don’t, I replied.” Him: “Well, you glue the sub floor don’t you?” Me: “Yes, but that’s so your floor doesn’t squeak.” Him: “I want the wall sheathing glued! It’s in the contract.” Me: “No it’s not, I think I would’ve noticed that.” Him: “It’s in the contract!” Me: “Why don’t I pull out my copy and we’ll see.” Him: “I don’t have to look and see, I know I put it in the contract.” Me: “I’ll just get my copy out anyway so you can show me.” After I show him it’s not there, he continues: Hu, I was sure I had put it in there. Well, I want you to glue it anyway!” I knew something would go wrong when he told me he preferred JLC over FHB.
Obviously, no court would allow him to sue me for not gluing the exterior wall sheathing. It’s also too ludicrous to put in a contract even to prevent a misunderstanding. It does lead me to another contractual issue though. I know that some of you have been telling me to stop trying to legislate everything. However, all kidding aside, the may 2006 issue of JLC had an article entitled: “Spell Out Your Standards of Workmanship.” The article referred to a painting contractor that went above and beyond to meet a building inspector’s unreasonable demands. When the homeowner refused to pay for it, and hired another painter, the painting contractor was able to force payment (in spite of the inspector) because of spelling out their standards of workmanship.
What do you think of this kind of a clause? Please also note that I’m not going to try to fit everything into one contract. I intend to have a different contract for each type of work I do.
–T
Replies
How many parts does this "series" have? We're on #4 and the framing hasn't really even begun. Wouldn't it be easier to just use one thread like Mike Smith does with a project that he's doing?
Jon Blakemore
RappahannockINC.com Fredericksburg, VA
I'll make the next one a real doozy. From there it should wrap up fairly quickly.-T
I think he would have a case in court expecting you to glue his sheathing. If he asked you to do it and you proceeded without doing it, he would sue you for remediation expenses. He would then produce his documentation saying this is standard workmanship, or an expert witness (old engineering college budy). You would produce your oposite documentation. You should realize judges tend to prefer the poor home owner, not the contractor getting rich.
This is why you should encorporate a standard by reference. Find a standard, be it ASTM, ASME, ACI, an NHAB standard what ever. I have standards for every aspect of the job in my contract for material quality and workmanship tolerance. You don't have to add little notes like studs shall be plumb to 1/8" or 1/4" just find a standard for the entire frameing process and encorperate it by reference. Make sure you also read the reference to know what the tolerances are.
Jason
What all of these threads have in common is a power struggle. And every step that passed without the contractor taking charge of the process emboldened the HO. From the very first interaction, these clients needed someone to say "no" to them. No, you can't continuously change plans. No, you can't dictate methods and procedures outside of the contract. No, no, no. All the clauses in the best contract wouldn't solve this. Assertiveness might. And if the HO still doesn't assume the proper role and behavior, then you gotta say "No" to the job. If you start off not being assertive enough, and don't change from there, how could there ever be a different outcome?
Each time I've had a prospective client try to tell me how to design, I've declined to work for them, or invested the time to clarify the roles everyone needs to assume to achieve a successful result.
Thank you. Very good advice.-T
"What all of these threads have in common is a power struggle. And every step that passed without the contractor taking charge of the process emboldened the HO. From the very first interaction, these clients needed someone to say "no" to them. No, you can't continuously change plans. No, you can't dictate methods and procedures outside of the contract. No, no, no. All the clauses in the best contract wouldn't solve this. Assertiveness might. And if the HO still doesn't assume the proper role and behavior, then you gotta say "No" to the job. If you start off not being assertive enough, and don't change from there, how could there ever be a different outcome?
Each time I've had a prospective client try to tell me how to design, I've declined to work for them, or invested the time to clarify the roles everyone needs to assume to achieve a successful result."
Amen! You have lost control of this sale and yielded that control to an apparently well meaning person (he tries hard given the level of knowledge that he possesses) who is just trying to avoid being screwed (his point of view).
Ideally, you would have convinced him prior to the sale that you are an expert competent to deliver his project. Now that the contract has been signed, buyers remorse and paranoia has apparently taken over his thoughts.
The question is: how do you regain control?
Perhaps you schedule a meeting, offsite and afterhours, to 'clear the air'. At this meeting you detail your qualifications, credentials and experience, demonstrating that your knowledge is wide ranging and in depth. This will likely require a bunch of advance preparation.
Once this has been established and aknowledged by the client, (and not until then) you kindly explain that you are willing to answer his questions outside of work hours, like the hour after your quitting time. You are willing to address any concerns he has within the standards of local code and building practices, but not during your work hours.
When he aknowledges that this is reasonable (and not until he agrees, repeat yourself as many times as is necessary) explain that this is the only way you will work and if he is not comfortable with this arrangement - he needs to pay you off for work done to this point (I sure hope he is current on payments) and find another contractor. PERIOD!
While you are doing all this, you need to build some sort of connection with the guy. His emotions and fear of being screwed is likely the real motivation behind his attitude. That is what you need to defuse. Somehow, to some degree, he has gotta trust you. If he can't trust you, then you are not the right guy. Because (his point of view) he deserves a builder he can trust. (If he won't agree with this statement, you gotta dump him).
If he starts talking about litigation, explain attempting to sue you for not performing non-standard or non-code compliate work demanded by the client is not going to fly in court at all. (I am wondering what happens to normal thermal expansion and contraction when the siding is glued to all the studs, I am sure you will find better examples). And such action could result in a counter suit to cover your expenses.
None of this is simple or easy. You have my sympathies. I am sure that you will do a far better job of selling your expertise and experience before you close your next job.
I remember something an employer used to say, "Don't let the biggest jerk* in town tell you how to do business"
Good luck. People skills for situations like this are tough to aquire.
* substituted for a term denoting the extreme southern end of the digestive system.
Thanks.-T
The painter's contract I mentioned earlier allowed "either party to cancel the contract at any time." That's what even allowed the homeowner to hire someone els in the first place. This kind of clause seems like it might the perfect cure all for "homeowners form Hades."-T
There are some clients who make contracting with them close to impossible. Your guy sounds like a good example. He needs to be in control and he's never wrong.
I had a long association with a client like him on a renovation. It was fairly easy to tell, from our first meeting, that I'd be much happier if I worked for him for wages. I just made it clear that, in addition to my time working with my tools, all the time we spent together was on the clock too.
I got prevailing wage for my carpentry skills and foreman's wage for any time I worked with others on the job. The client was happy with that arrangement because it allowed him maximum control. As he got to know me and my abilities he gradually relaxed into a more reasonable attitude.
He had his own business to run which kept him away from the job about half of the time. That was one key to our successful association, that and my insistance that all time spent together, talking and planning was also on the books. That made him much more willing to leave me alone and let me do my work.
I didn't make any money on materials but I always got paid for the time I spent, figuring what was needed and getting it to the job. I kept a small log book in my pocket, often making shorthand entries which I later transcibed into a daily report.
So T&M jobs can be arranged to suit the needs of both parties. And even the worst clients can be made more agreeable by terms which don't suit their need to lead blindly.
<< explain that this is the only way you will work and if he is not comfortable with this arrangement - he needs to pay you off for work done to this point (I sure hope he is current on payments) and find another contractor. PERIOD! >>
Amen! This HO needs to be wrangled back under control. Yes, he is paying you to do the work, but you are not his whipping boy. If he doesnt like that, tell him to find a contractor who is willing to yield to his heavy-handed style of controlling the job. Justin Fink - FHB Editorial
"Everybody wants to know what I’m on...
What am I on? I’m on my bike, busting my ass 6 hours a day…
...What are you on?"
- Lance Armstrong
alot of commerical work we do are to the spec and blue print with no change orders allowed. If its spec and blueprinted wrong, it get build wrong. so spend all the meeting getting the prints right and then when construction start, no changes. If the spec called for #1 hickory finish and you like a differnt finish, sorry wrong answer.I have been in new elementry school construction where the principal doesnt like color of tile, two days before opening day. Big change order for tile layer. Wrong answer. They get the ugly tile..Haga su trabajo de fricken
"I had intended to write this post after working a late shift last night, but while I was at work a small tornado came through town and wiped out the power."
What town are you in? Hope you didn't get too much damage.
I'm in Schererville about a half mile northeast of 30 & 41 off of 213th behind Home Depot. We only got the edge of that storm - a lot of rain (about 2" in an hour), thunder, lightning and some wind.
Everything east of me to Valpo got hammered from what I've seen and heard - some won't have power back until Monday.
My wife has family in St. John and Lowell - they only got sprinkles.
No, not much damage. A lot of trees fallen over in the area though. I was pretty fortunate, my tree was unaffected. No damage to my home, just a lot of things rearranged out in the yard. Thanks for asking.-T
My very first job was for a retired successful farmer and businessman. He was well respected in the community.
It wasn't just a basement remodel, but a way to boost his ego. He hired me because I was fresh meat, and after retirement, he needed someone to boss. He told be to forget about what I had been taught that he "Would teach me how to carpenter like an old farmer." I thought it was a joke. He was serious. He honestly thought he knew it all. Standard practice meant nothing.
I won't get into the details. When the job was done, I was emotionally drained, and my enthusiasum for my profession was gone.
Years later, I realize I could have a lot of trouble with a simple "no" at the first ridiculous locking of horns. I didn't because:
I was taught not to backtalk authority. This guy represented authority in my community.
The customer is always right.
I knew this job would be what established my reputation and I was afraid of bad press.
In my opinion,your discussion of contract clauses is about what you have a right to say no to. You have the right to say no. You agreed to do a job, you didn't enlist or take a blood oath for obedience.
I think you will learn to assert yourself and take contol of the job while at the same time accomodating reasonable customer requests.
After working for this guy, you will be able to recognize his type a mile away and leave them there.
As you get a good rep, these guys will find someone else to pick on.
Learn not to be bitter about this and enjoy your work.
<< The husband just rolled his eyes when I referred to Fine Homebuilding >>
That guy ought to be smacked on sight! If he's too high and mighty to read our lowly magazine, tell him to do the work himself.
Justin Fink - FHB Editorial
"Everybody wants to know what I’m on...
What am I on? I’m on my bike, busting my ass 6 hours a day…
...What are you on?"
- Lance Armstrong