I Got Burned. Need Advice.

tc70518

Thanks Warren. This has been a great experience for me. I have definitely learned from this one. I just added this product to my line, and I'm a little green still regarding this product. I really think this woman needed an out, and didn't have the money to pay the balance. She never once said anything about getting her deposit back. Her words exactly were, "Just forget me as a customer", and she refused to talk to me after that.

It's very hard to rationalize with irrational people.

WarriorWithWood

More like impossible.

__________________
-Dennis
www.bowmanch.com

J F

The best you can hope for is that she really is crazy...and totally forgets about her deposit...but don't bank on it.

ChainsawCharlie

Seems to me like she was told a few different deadlines-

4-6 weeks
then 3 weeks
then next week....

And she called you at the end of each of those deadlines, when she didn't see or hear from you.

I do not see her being in the wrong here.

Whewn you knew you weren't going to make the deadline, YOU should have called her to explean..."Hello Mrs ***xx, I just heard from the powder coater, they had a minor hang up, etc, etc, etc... "

Had you been the one calling her before she had to call you, I'm guessing things would have been quite a bit different.

COMMUNICATION.


Never underestimate the power of it.

tc70518

My communication the first 6 weeks was bad. I admit it. I admitted it to her. The last few weeks, I communicated with her as much as I could. If I say I'll try to be there late next week, and she calls me Tuesday at 7 a.m. yelling at me, what can I do? If I say I'll try to start late Sunday and she calls me Sunday morning at 10 a.m. yelling at me, what can I do? I'm not used to coddling my customers like that. I'm way to busy to call a customer every other day and tell them exactly what steps I took over the last 48 hours of the process. I can't run my business efficiently doing that to every customer. No one could. If I gave that treatment to some other customers, they would say leave me the hell alone and call me when you're ready to install. Most of my customers are like that. I've never had to deal with a person like this, but now I know what to do next time.

J F

Under the circumstances, a call on Saturday with an update probably would have gone a looong way

tc70518

I called her Friday at 4 pm when I picked up the pallet of shutters and left her a voicemail. She didn't call me back until Saturday morning. So I did talk to her on Saturday. What else could I have done? I still think she just needed an out.

J F

So what did you tell her on Saturday? (I must have missed it).

tc70518

I told her I would be there Sunday afternoon. She said, "do you normally work on weekends?". I said I work when I need to work, and I have no problem working on weekends. She said okay great, see you tomorrow. So you can understand my confusion by her call Sunday morning, then the cancellation a couple hours later a few hours before I was going to start the install.

J F

does she have alzheimers?

B_Boop

Continuing this job with the lady would likely have her stiff you after you're done.
I would, however send her a certified letter, nicely stating the sequence of events, and your attempt to honor the severely underbid job. I have always found that offering the client options, leaves them a bit more satisfied in finding resolution. However, do not make the mistake of allowing her to just move forward without an addition to the contract, stating a new completion date, no penalty assessed. and that the balance remains the same, signed by both of you. You might also ask for final payment by certified check.
Also, I would tell her that you have already invested substantial funds into the project. If this job was underbid, she will not be able to reproduce the pricing elsewhere. But, if u truly want to cancel the deal and install on your parents home,...then send the letter, certified, with the full deposit refund, and the details as above.....and that you are taking her at HER WORD.....that she wants to cancel the contract. And, you are allowing her to do so.
Hope this helps.....PS- keep copies of all communications. If she really saw an attorney....she may be gearing up to haul u into court.
Your choice

__________________
Periwinkle is a useless color!

J F

Don't whine about under bidding to your client

naptown CR

Gene Best avatar yet keep this one


I would send her an invoice for the remainder of the contract less your labor COST to install. You have a lot of time and money tied up in this and most of it is off site work. If she ponies up give her the shutters and go away. Cash only no checks. If you don't get a response take her to court. Start and completion dates are approximate and no court is going to hang you for being a few weeks late.

CookeCarpentry

I would make sure that future contracts include full payment up front of any special order materials that cannot be returned. Other down payments are usually set forth by the state.

In one of your posts you said that from now on your contracts will state that "no refund on deposits after work as begun" or something to those effects. I don't know exactly how legal that is - consult your lawyer.

As far as how to handle the whole situation - sounds like you dropped the ball and you now realize it. Don't wait for her to ask for her deposit back, refund it with a certified letter summarizing the events. Apologize profusely. If she wants to have you install the product, draw up a new contract, and try and re-coup some of your costs.

Refunding the deposit and not hearing from her is probably the best thing. No news is good news. Meaning she isn't taking you to court. You can't please them all. I think you probably realize that some customers require more "coddling" than others - factor that into future estimates/bids. Work on better communication.

Even with the best plan in place, sometimes customers just turn out to be a PITA. As it has been said here before many times, underpromise and overdeliver.

tc70518

This is exactly how I feel. Some of the responses I've gotten from people in this thread make me think that some of you think I deserve to lose over 4 thousand dollars out of my bank account and weeks of unpaid labor, simply because she was told 4-6 weeks and my vendor and powder coater caused me to run a month late. She gets her money back, and I'm stuck with 32 custom sized shutters panels that are powder coated, and other than a few of them that will fit my parent's house, are a complete waste. I refuse to let her run over me like that. If she wanted 6 weeks as a hard deadline, she should have demanded it be put in the contract. Fact is, she asked how long and was told about 4-6 weeks. There was no promise, no guarantee.

Cooke-the only way I feel I dropped the ball is lack of communication the first month. Everything else was out of my control. I had delays that I couldn't control, and I explained all of that to her. My vendor dropped the ball more than one occasion during this job. I was sent wrong materials, damaged materials, and stuff was on back order. My vendor alone caused me well over a month in delays. I was to the point where I was looking for a new vendor, but I couldn't find another company who offered storm shutter components close to this area. Then my powder coater promised (and this was an actual promise) me that he would turn my job over in 3 days. I told him before I gave him the shutters that I was under the gun and would only give them to him if he could turn it over quickly. He went on vacation a couple days later, and when I called the day my job was promised, he was nowhere to be found, and they had no idea about the promise he made, and I didn't get the shutters til 4 days later. That ended up being the straw that broke the camel's back. He did email me from vacation and apologized profusely and wants to make it up to me somehow.

As far as her having alzheimers, I don't think so. She remembers way to much, but she does have a bad case of selective memory. I am 100% convinced that she has a bipolar disorder. It has felt like I've been dealing with 2 different people, alternating conversations with me.

tc70518

I certainly didn't do this. But she actually asked me, at one point, how much money I had made on her $2500 deposit, while I was already over budget. I simply told her I was already over budget. She even offered to give me more money when the job was completed, so I was properly compensated. I refused and told her that I don't work like that, and once a price is set in a contract, that's the one I stick to.

I was very good to this woman given the circumstances, and she bailed on me last minute. There's really no other way I can put it.

knucklehead

waaaaaaaaaaaaaaaaaaaaaaaaaa

katoman

I agree with naptown, get paid for the product, don't install, take her to small claims, or consult your attorney as how best to proceed.

Or you could send a couple of "bikers" over with the shutters - they will collect for you. Usual price is 25% of amount owed.

tc70518

Name fits

Darwin

Dude, it's so many things wrong about the way you do business. You suck at business. Get out now. Where do you start???

First, you shouldn't be sending out employee to sell jobs without:
a) fee structures to you won't lose your shirt
b) competent employee who will be realistic with the customer.

Of course she's pissed because you got half her money, you haven't done the install (10 weeks???), and again, you got half her money. So what if your friggin' A/C went out. Blow - it - out - yer - butt ??

Contract not co-signed? Whatever aineehow, Yo fault. How long you been in business? Since last Thursday?

You need to get what's coming to you. It's called the school of hard knocks. Time to get a few knuckles to the ole monetary dome; because, all I see is you pretendin' to be in bizness.

You haven't heard from her anymore but I bet you hear from small claims...