What
Contract?
by Paul Dutton, Paul's Window Washing,
Glendale, CA
Unfortunately
in today's society with litigation at an all time high and
more lawsuits filed every day, it is imperative to have a
written contract, especially when dealing with your customers.
Many people have said that if it isn't written it hasn't
been said or more likely it is suddenly forgotten. The trouble
really starts when something is misconstrued or misunderstood
even if it is written down on your estimate sheet. Miscommunications
happen everyday, thus complete communication with a contract
is the key to mutual understanding and a happy customer. Helping
your customer to understand what is to be performed for what
price is invariably your responsibility.
First,
and foremost you must go out to the customer and give a detailed
estimate of the work the customer wants done. Don't try
and give an estimate over the phone, it only leads to misunderstandings
right from the start. It almost always leads to false expectations
for you and your customer. I have only found one housewife
who could describe the amount and kind of their windows accurately
in 18 years.
As
for property managers, they always downplay or misrepresent
the extent of the job to be performed. "Yeah, I got five or
six windows on each side of the building a couple stories
high. We have been keeping them up but were not happy with
our regular guy." After close physical inspection of the building
you find that there is 8 to 10 years of grime on the windows,
waterspots galore. It's a three story building with the parking
structure on the first floor and about 12 windows per side
and one side is adjacent to residential backyards. Sound familiar?
If you try to give a price over the phone you will only succeed
in giving the customer a false expectation when you have to
adjust your price later. With all the factors that can affect
your bid residentially I don't even give a ballpark figure.
Besides
all the mitigating factors, it is always best to go to see
the potential customer and discuss what they want done. This
is where you should listen intently because the customer will
lay out their concerns and expectations. Now you can discuss
their needs and expectations and give him or her a bid based
upon your communications. Now, are their expectations different
from your standard job or are they the same? Have you included
in writing - all the things you discussed? Here is what separates
problems -have a written estimate outlining all the points
that you discussed and then clarify them with the customer
right there. I always review what we are going to do for what
price and list out any "extras" we will include. On my residential
estimate our standard includes:
- exterior
house wash
- screens
removed and cleaned
- windows
cleaned inside and out
- window
sills and frames cleaned
What
about tracks, will that be included with the sills and frames?
Does the exterior house wash mean we are going to powerwash
it? No, but it does require explanation. So you explain to
them that you're going to just wash it off with a hose to
rinse off the dirt on the walls and shutters, and get the
cobwebs. Now they understand, however, that long explanation
is not written on the estimate
So
I have them initial where there is a box on my estimate for
Exterior house wash. Now they know we discussed it and I do
too in case they have a memory lapse.
Now
if the customer wants it done then you have them sign your
estimate and initial any points that were in question. Having
them sign lets them know that they are accountable and finalizes
things. Many times questions will come out after they sign.
Because they know they are committed they had better get things
straight in their own minds before you start the work.
Problems
arise when the customer is not there and you leave the estimate
at their door or with their secretary. Many times a third
party enter into the picture with property managers and owners
as well. All the more reason to have all points written down
and itemized so that they can be easily discussed with the
customer over the phone. Now if "extras" are discussed or
there are points of confusion, I initial them on my copy while
I'm talking to them with the date and time and with whom and
what we said.
For
example, I give the customer a discount if they get it done
within the next three days, I date and time stamp my estimate
and the price difference, and initial it. I have my sales
rep do this and my secretary also, so we know who gave the
discount and when and who they spoke to, as well as the price
change. Communication is the key and documenting on
paper is your back up. The more you clarify the work to be
done the better it is especially after the job has been started.
If you wait to iron out these details after you start you're
just asking for trouble. Gee, Paul, wasn't paint scraping
included in the job? I don't remember discussing it. Let's
check the estimate. I noticed it is not marked down, I supposed
we could do it, but there would be an extra charge.
Very
seldom do they continue the argument when you point it out
on an estimate that you had them sign. Most of the time we
try to reiterate all the points of the bid before we start
the job when we first arrive. This can clarify any last minute
assumptions the customer might have.
This
leads to another point I call "The Canadian Geese Theory."
That is the customer wants to see the mother goose at the
beginning of the job to make sure everything they discussed
will in fact happen. In other words, the customer will follow
or believe only the original person they saw first when the
deal was first born. So it is important, especially in residential
work to have your sales rep who gave the estimate, to be there
on the job for the first 30 minutes. That way, any details
of the estimate can be reiterated and the customer, heaven
forbid, cannot take advantage of your guys saying, "Oh yeah,
that was included in the bid and the mirrors, too."
We
follow all this up by asking the customer how it is looking
after the first 30 minutes of the job, certainly within the
first hour. Again communication early and often, makes for
no surprises for you or your customer. Remember, go out to
see the customer and give a face-to-face presentation discussing
all the details and expectations of the customer. Write up
a detailed estimate reiterating all the points of the job
to be done. Write it on the estimate and review, initialing
any points of clarification, and having the customer sign
it. Always initial any changes in price and document with
whom and when. Always have the same person start the job who
gave the original estimate and reiterate all work to be done
before work begins. Let's not give any more work to all those
overpriced attorneys.
Good
luck and remember: get it in writing for everyone's sake.
This
article was reprinted with permission from American
Window Cleaner magazine.
