Re: Brick Sign
Hi CS,
California actually has a workable lein program?
For the most part I have always filed pre liens and in 25 years I have had to work two of them through to a point where I got paid. I have never had to take it all of the way to foreclosure and I would hope that none of us do, but I know it happens. I have had to use an attorney in both cases but I was awarded the associated costs (I hear this is not always possible).
Here in WI, or for that matter IL, we have the standard issue mechanics lein. Filing is no problem, but collecting requires the sale of the property. In my experience, some of the worst "no pay" offenders are those who plan to occupy a home or property for the rest of their lives. In their case, a lein is a useless instrument.
I do not know what constitutes a "Standard lien" for different states, but the liens I have used allow the potential to foreclose on a property and have it auctioned on the steps of the county hall. This may be stayed:
Before Section 1281.5 was enacted, commencement of a
mechanic?s lien foreclosure action was sometimes deemed a
waiver of the plaintiff?s right to arbitrate.2 This put the
prospective plaintiff in a difficult position, because the limitations
period for a mechanic?s lien foreclosure action was
(and is) very short,3 making it impossible for the plaintiff to
delay litigation until completion of arbitration, except where
arbitration was completed very quickly.4 To address this
problem, Section 1281.5 makes clear that the filing of a foreclosure
action is not a waiver of arbitration if the plaintiff
simultaneously files an application for a stay of the action
pending arbitration.5
but I have never gotten that far.
As far as dealing with unscrupulous customers goes, in my highly jaded opinion, most all customers are. Virtually no one pays extras without a fight anymore.
You should not do any extras without a signed change order.
You really have to word your contract precisely and get all changes in writing with a signature to have a chance of collecting. Even then, some customers will stiff you on the "so sue me" principle. I'd rather come in with a higher bid and a thorough explanation as to the benefits of any upgrade, than come in low and fight for the extras. It takes a bit more negotiation and marketing skill on the front end, but it saves headaches down the road.
I applaud your sales abilities and agree with precise wording. Coming in with a higher bid and negotiating implies scrupulous customers, you earlier implied you trusted next to no one. If you are dealing with a trusted customer, I wholeheartedly agree with the approach. Perhaps the very first question we were discussing, the small trench and lighting issue should be broken into trusted or not trusted potential clientele?
If I do not trust someone, I do not want to work for them, not that we always have a choice. So, let's use the first scenario posed at the onset, trench and lights, with a new customer.
Two contractors, Upright Elec. Inc and Joe Schmuck Elec. JS pays employees under the table and uses stolen parts, and yet UE is close on the bid. All the two contractors are to the potential client are....two contractors, and even UE does not know what type of contractor JS is. UE says to customer, "you should use this fixture becuse of this reason and it will cost X amount more". The unwary client asks JS about this and JS says:
1- They just want more money from you
2- How much did they say it would cost you? ($350)
3- Sheesh, I can provide that for $185, they are trying to rip you off.
Trusted or not, a set bid due date with a clear scope and specs is optimum. Sometimes this may mean helping to define the scope prior to bid date. And a lot of times it just is not going to happen.
A simple trench and some lights with no specs? If bidding against others, I will still opt to provide the cheapest price feasible with my version of a defined scope, include any perceived adders, and ask that the document be included in any contract awarded to me. Otherwise I will spend as much time selling it as I would building it and I run the risk of the bottom line number forcing a "No" from them.
If you trust them, do whatever has enabled that trust to be developed in the first place.
Gary
[ August 07, 2005, 12:36 AM: Message edited by: grasfulls ]
