CYA - Use A Contract.

[BIGBOY2008]

Today i went to look at a 9900 sq ft sealing job where i mentioned to the property owner that i always provide a written contract prior to starting work and i provide a receipt after the job is done.

The individual then responded by saying "Now son you dont have to worry about going to all the trouble of doing that because you see ill soon be seventy years old and one thing ive learned in all my years is how to read people, and i can read them like a book, and i can tell from talking to you that you are a resonably honest fellow and i dont have to worry about you doing me wrong so im not worried about a contract". I then explained to him that i always provide a contract whether it was a $400.00 or a $4,000.00 job. All the time i was wondering why the guy would want to refuse a written contract it simply didnt make sense to me.

The old man got in his car and left me there to do the measurements. When a few minutes later a local contractor pulled over and commenced to telling me how he had built a large multi-level deck in the back side of this particular house and how the property owner had called and put a stop payment on the check before he could cash it at the local bank. He then told me the this property owner had pulled the same stunt with a well know and reputable roofing contractor. He then writes down the name and phone number of the roofing contractor. (I later called the roofing contractor and he affirmed this property owner did indeed put a stop payment on his check before he could get it cashed at the bank).

I finished my measurements when the property owner pulled in the drive and asked me how soon i could get started on it. So i told him i would get started on it as soon as possible but first i had to take care of things at home which included either building a new deck or finding someone to build a deck for me. I figured he was trying to lie to me so why not lie to him.
I then commented on the nice deck he had (and it was indeed a very nice deck with all boards cut square and all joints mitered perfectly) and asked for the name of the person who had built it. He then commences to tell me the deck was built a couple months ago by his grandson who is not available because he is now living in California. I also commented about his roof and that it looked nice and i was sure to need a new roof before winter and i would like to talk to the person who did his new roof. He then tells me the same story about how the roof was also done (prior to the deck being built) by the same grandson who is now living in California. He then explains that i shouldnt have any trouble finding a local contractor that could build a deck and do a new roof for me.

Im pretty sure this old geezer would have also shafted me just as he had screwed the other two guys.

[JFGauvreau]

Wow you're lucky that the contractor pulled in the driveway to tell you this.

Like you in this business, we need to read people to know what kind of people they are. But we can never tell if someone is going to pay us or not. At least you got a hint when he didn't want to sign the contract.

So you didn't do the job i'm guessing?

[BIGBOY2008]

No way ill do that job. That old man was one of the quickest thinkers and smoothest liars i have ever run into in my life. All the time he told me his line of bull he was looking me straight in the eye and not missing a lick. The only thing that didnt seem quite right was he put a little too much emphasis on a contract not being necessary.

Either which way i still would not have done the job unless he had signed a contract. There was still a definite possibility he could have signed the paperwork and still refused to pay. Ive never had to file a lean on a persons property and im thinking that i would need a written contract as legitimate proof before filing a lean.

[Mowingman]

Quote him the job. Tell him the terms are "payment in full, in cash required before start of job". When he protests, tell him you will be delighted to do the job, but you know all about his past tricks with the deck builder and the roofer.
Might be kind of fun to see his reaction.

[JFGauvreau]

Ya a written contract is necessary if you want to sue someone.

I only make them sign a contract with jobs over 1000$, I make them sign and they have to give me a 50% deposit prior to start the work.

[BIGBOY2008]

Ive never required a deposit prior to starting a job but i always require a contract on each and every job i do. Doesnt matter if its a $400.00 or a $4,000.00 job.

Do the majority of seal coaters require a deposit before starting a job?

[JFGauvreau]

It's just to cover your ass, you learn as you go. I got caught once, and it took me about 1 month to get the payment, he always had something new to tell me. I didn't received my paycheck, the bank is close etc.

At least that way if the customer don't want to pay you, you still have 50%.

It goes both ways, some contractor will just keep the 50% and never finish the job.

What do you put in your contract? a guarantee? work statement?

[BIGBOY2008]

I have a three pages of info i give the customer. It includes price per square foot and warranty info. Drying time period and curing time period info. How long to stay off the new sealer and info on power steering marks. It includes a section on keeping children and pets away during the sealer application. Basic Info.

[JFGauvreau]

Ya that's good, I always attached a copy of the MSDS that explains the materiel and hazardous stuff.

It makes you look more legit then a fly by night dude.

[Will P.C.]

Contracts are Most Necessary. I am fortunate enough to have a few lawyers in the family and they write them up for me.

I believe you should have a lawyer write a contract up for you. This protects you against being sued and gives you a basis to file a lean.

The reason I say lawyer is because they can help you with stuff you might miss. Even something as stupid as not putting the sealer in your mouth.

It also prevents any loopholes that a slippery customer might try to snake their way through.

If somebody is hesitant about signing a contract, that should instantly raise a red flag.