I Got Burned. Need Advice.

tc70518

Well you're very fortunate to have never communicated poorly in your entire career. I took a large job for a local bank, with a very short deadline that was before the shutter job, and I got so consumed with it, that the other customer was inadvertently neglected.

strathd

I guess communication has allways been one of my peeve's. It pisses me off when I'm waiting to hear from someone and get the line "I did'nt have time time to call". Seriously, how long does it take to make a call from a cell phone. I'm not directing this statement at you. I just don't like not hearing from people therefore I try my best to keep people informed.

A few clients have stated in "referral letters" that they appreciated how I allways kept them informed of what was going on.

tc70518

That's a good attribute. I appreciate good communication as well, and I am ashamed that I went so long without communicating. You live, you learn.

strathd

Cool...........

Mike(VA)

This is experience that no book or forum can ever teach you. Good luck.

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Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

ProWallGuy

So, was it Murphy's Law, or did you neglect her?

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Digital Murals Installation

tc70518

She was neglected by lack of communication the first 6 weeks about the delays. I explained all of that. The problems I had with my vendor and with my powder coater were Murphy's Law. I was already pressed for time and first, everything was on backorder. Then my sales guy screwed up my order because he was new to the shutter parts. I switched sales guys to someone who had shutter experience, and then I was sent parts that were bent and had to send them back. I was also sent a whole box of wrong bolts. I had to send those back to. Then something else was on back order and had to get that shipped from Florida. Then there were times when I couldn't even get the sales guys on the phone or to return phone calls. One thing after another with those guys.

PGD

TC some of the guys already posted great advise, I would just like to add:

Get ready for a court summons.

From her perspective she lost a great deal more than you have, she was given the runaround (whether you fault or not) and she is out 1,500 bucks.

If the contract is with you, then it's YOUR fault, period. and By the way usually 10% is all you can collect upfront from a residential customer, regardless what special order item they purchase.

You can ask the homeowner for more money once you step foot on their property to get some work done, but the Laws are clear; Max 10% including materials as upfront deposit. You may also arrange for the customer to pay for the material as a "separate" matter and still make your mark-up but that requires it's own description on the contract.

She has a winner in small claims court and since this post is recent, I'd advise to walk over there in person and hand her the check or speak to her husband/ other. forget about finishing the job just give her the check back and keep the material, and learn from this mistake.

If your lucky she will be so grateful you handed her a check with no strings attached that she let's you finish the job, but I wouldn't count on that. Give her the deposit back, trust me.

and change this thread's name from "I got screwed" to "Bad situation gets worse"

PGD

One more thing since your new to the business side of construction:

This isn't the last time you will lose money. and it isn't the last difficult situation or customer. roll with the punches, don't be so defensive, take the good with the bad and smile. Never let you customers or your employees see you sweat. (no matter if you A/C goes out)
and finally if your going to do something anyway, Never ever complain about doing it, You'll lose out 2 ways if you do.


Good luck!

Darwin

Sorry buddy, but I call it like I see it.

If you can't take constructive critics, you shouldn't be posting your problems here..

However, If you just want critics to be lop-sided to your POV , then go ask a loved one for assurance.

Good luck buddy....... Idiot.

tc70518

I'm all ears for constructive criticism, but if you respond to me like a d1ck then you'll get a response back like a d1ck. Point taken, however.

SeamlessGutters

I would send her a sincere written letter with a apology. I would keep it short and sincere.

Tell her you feel horrible about what happened and would are prepared to do anything to make it right. Don't talk money, or excuses. Just say you are sorry and you hope she accepts your apology. Say that I deeply regret the way I spoke to you on the phone and there was no excuse for it. And maybe get some flowers. (IDK)


The thing is, people can be mad as hell, but deep down, even though we may be stubborn, most of us have a big heart. Just don't ask for anything in the apology. She will think you are trying to get something out of it.

Good luck.

You have to swallow your pride and be a suck up to get what you want sometimes.

Handymanservice

Chased the bigger money.

This seems like the real reason there is a problem on the job. I am as guilty as anyone, I have let jobs run on in the past, especially jobs I was not qualified to manage properly.

You need to grab your balls, stand up and admit that you messed up and fix the problem. The truth is, all of your posts in this thread sound like an immature man, trying to get some sympathy and hoping we will not be hard on you.

What you are doing right now, is the problem with our industry and the reason we are perceived negatively by consumers.

Pricing is irrelevant at this point, you blew it, you had your chance to price it properly and didn't, you have to complete the project. If she doesn't pay you, then you can try to take her to court. But you need to complete the project because you took her money. If you think you don't owe her her deposit back, you are sadly mistaken, she is gonna clean your clock in court buddy.

If she felt from the beginning she was not being serviced, she probably kept details and dates of your conversations, promises and excuses and is going to fire them off to the judge in written format when you go to court.

This whole thread is not helping your case, it is solidifying her's. I want to feel bad for you because we are contractor brothers, but you messed up, get on with the fixing, stand by your word, take care of the problem, eat your losses and save face, even if it is only for your own self respect (which is worth the most), you will at least know you did everything you could to make up for lack of experience.

Don't get all pissy either, you brought this situation to us, we are all trying to guide you to do what's right. Good luck.

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tc70518

I didn't chase bigger money. I did the jobs in order while I waited on backordered shutter components.

I said in post #1, In week 6, I told her the shutters would be should be ready week 9 because of the back order and she said was fine with that. They were ready week 10, and she bailed, leaving me with her complete order, ready to be installed. Refusing my calls. Telling me not to trespass. And NEVER ONCE asked for her deposit back. On what grounds does she have to "clean my clock in court" again? I called 4 times and left 3 messages begging her to talk to me so we can resolve it. She only called back to tell me to stop calling and don't trespass on her property.

I am not legally required to force these shutters on her, and unless she asks for her deposit back and I refuse, she has no grounds for a suit. What I should do ethically is a whole different story, and I have stated my opinion about that earlier today.

Flame away.

kevjob

Maybe send a certified letter stating materials are ready to be installed or dropped off at her house plus the bill for time spent and all out of pocket expenses choice is her's to make or not.

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Kevin
Basement Finishing Highlands Ranch Colorado
Littleton Colorado, Basement Remodeling
Kitchen Remodeling Denver

tc70518

That's my plan. Certified letter, so at least it's on file that I gave her an option. I'm a little worried that if I show up, she'll call the cops for trespassing.

kevjob

Show forward progress without stalking her, shows the judge you made the effort multiple times. certified letter for the certifable

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Kevin
Basement Finishing Highlands Ranch Colorado
Littleton Colorado, Basement Remodeling
Kitchen Remodeling Denver

Ed the Roofer

That is very good advice. But, it still takes time for the letter to get delivered, so in the mean time, take the Bull by the Horn and address the situation in person, like a man. The longer the delay, the more severe the consequences. Act Now.

I don't know why TC is all of a sudden getting paranoid about her calling the cops on him, because if she did, all he would have to do is politely leave and I think he is just grasping at straws for an excuse to not have to refund her the money until she demands it back, which she most certainly will, with a vengeance, when it comes to that point.

Quit moaning and conjuring up excuses as to how and why you can't try to appease the customer and get out of the situation Scott Free and Man Up and do what has been suggested to you for your own good.

Instead of taking forward action on this since you started this topic thread, you are still on the keyboard trying to make excuses sound like logical explanations. Forget about any rationalization of any problems that have occured. Take care of the problem. Nothing in the past is the current problem. Addressing the customer and swaying her to become ameniable to resolving this situation is the ONLY problem that needs addressing.

You asked the other guy, How Can She Clean Your Clock In Court? Very easily. She has a contract for goods and services. She paid a deposit. She has not received the goods and services in the time frame she was told initially and additionally told with several undue extensions, regardless of whose fault the blame lies with for creating the extensions in time frame for delivery.

Unless you want to be in the scope setting of your local Attorney Generals office, for taking deposits without rendering goods and services, you better get your head straight and deal with the situation.....NOW.

If you don't take any of the sound advice given so far, you will deserve what you get and all of the aggravation and headaches that go with it.

If it seems as if I or others are picking on you, Too Bad. It's still good sound and useful advice.

If you do wind up neglecting this customer without attempting to resolve the situation immediately, then you are in the category that would be considered dishones and incompetant. Yes, I screwed up lots of times too, but got through it by perseverance and honesty.

Good Luck.

Ed

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ampman

hey sometimes you get a job that sucks

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Handymanservice

yeah, what he said.

Seriously tc, you asked us and you don't like what we have said. I stand by my statement "she will clean your clock" in court!

I've come to the point where I don't care what you do, I just realized we cannot help you because you have made up your mind to puss out on this job.

If I am wrong and you are going to grab your balls and man up, good for you. If not, I heard of a lady that is going to open a clock cleaning business to go along with her "professional staging business!"

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"You can shear a sheep every year, but you can only skin him once!" Remember that when dealing with your customers and pricing.

http://www.yourhandymansite.com