Re: what would you do question

Posted by Billy NY on June 09, 2015 at 09:44:02 from (104.228.35.235):

In Reply to: what would you do question posted by Greg K on June 09, 2015 at 08:25:05:

More or less a learning curve at this point, potentially a claim. Lot of mis-coordination, confusion, time elapsed. It's possible that you could bill them for acceptable work, and attempt to get payment on that. They could dispute it, or pay. You did offer to pay for damaged equipment, they let you off the hook apparently on that. They could counter with a damage value equal to your bill.

Legally, its hard to say where you stand, consult with any attorney on that end of it. Was there s signed contract/bid proposal? What was the scope of work of the contract if so? Provision for damages or schedule impact, coordination with the other trade(s), out of sequence provisions if you could not complete your contract work continuously, etc. etc. etc.

What you describes just sounds un-organized. When you are a contractor, that is a very bad way to conduct business. The simple philosophy of construction/contracting is to get the work, perform the work/complete the contract, get paid and move on to the next one.

I would suggest a formal contract/subcontract agreement/bid proposal, standard for your business, prepared by a competent attorney in that area, one that is "boiler plate" and standard for every job, you just fill out the particulars or specifics at contract negotiation time. Things like scope of work, payment, schedule, sequence, can vary and can be agreed to by both parties if there are special circumstances, un-forseen conditions to deal with, potential changes or additional work that could arise.

Be prepared, be organized PRIOR to contract award. 2nd, when responding to a solicitation for a bid, take the time to organize the job properly, each one will be different, so be sure to iron out the specifics up front. Include any exclusions, note work to be done by others, coordination needed with other trades, come-back work like to connect the A/C unit if that is out of sequence and set when you won't be on site, a total scope of work description, schedule, and the payment terms once the work is complete. A job like this, with a delayed comeback, or out of sequence work, you should be paid for acceptable work in place with normal terms on that. You could state that its included, make a line item on your estimate so you have it included internally, most customers would appreciate it vs a stack of time and material slips to be agreed upon later with no timekeeper or monitoring on site, hence lump sum bid/proposals and a signed contract agreement up front. Progress payments are typical on large and even some small jobs if necessary. Your work has to be acceptable to receive payment, time is always of the essence on both sides of this. So the work you did prior to the A/C unit being set, was done, acceptable and the terms should state that payment should be rendered in full or as the job progresses, whatever the agreement states. You do this to maintain cash flow and keep current on the receivables for that job. You can't be successful in this business by leaving gaping holes in areas that create risks for payment.

Sometimes its a wide front to maintain on all aspects as a business owner or private contractor. A savvy contractor does not let one area get behind, whatever it takes, keep current across the board, if you don't it becomes a huge mess in no time. Believe me, I have seen it at all levels in this industry. Large scale work to residential homes, light commercial etc. I know some that let the line out too far, then spend days on bill collection, time elapses, at some point you realize you have a mess on hand, stack of receivables, cash flow problems, one job carrying 3 others, when it should not be like that. This shifts your focus, creates financial problems and is unproductive use of time. Sure you will always have problem jobs, just not widespread. When your focus is needed on that one problem job, and you have widespread problems, it becomes a very serious dilemma, one that can jeopardize your business, reputation and future work.

Communication and coordination, will vary per the job, don't fall off the customers radar, if things get complicated, you are busy, the job is not ready for you to work, stay in contact, take the time at intervals to monitor your and the customers interest on the job. If need be, call the A/C guy, work it out with him as to when you'll meet on site to finish, he drops the ball, you show up and document same, inform the customer, vice versa, you drop the ball, you're in the hot seat. On large projects this function is the same, but done by project managers or superintendents for all trades on site, to keep the job rolling without delay or problems, same thing applies to the smallest of jobs, but you may have to do it because most customers don't know much about things like that unless you have customers that are general contractors and know how to keep the work moving along. Doing nothing is never a good idea, put the customer on notice, get involved or find a way, do whatever is in your best interest to get the work done and fulfill your contract. If you hit a wall, with a delay or problem, simply document same, photos, brief notation or report, inform the appropriate parties and follow up until resolved. On small scale contracting, just stay organized and attend to your customers in a visible manner, you won't encounter these situations nearly as much, or at all, and you'll get repeat business.

You may just have to learn from this one, organize your affairs much better for the next one. No need to get beat up here, its a learning curve most every contractor will encounter.

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