Beware of some legal pitfalls and unscrupulous clients
Posted: Sun Jun 03, 2012 8:56 am
Have you ever noticed that as soon as a problem customer has decided they do not want to pay for their goods or services you have provided that suddenly absolutely every little thing that you have ever done for them is incorrect?
We have found this to be a fairly constant theme in objections raised by this, thankfully, minority of minorities,and from personal experience we have found that the old adage of "giving them enough rope" works quite well. Quietly making a pictorial record throughout the works is a very effective insurance policy against many fraudulent asertions.
Many of these problem customers can be spotted before the contract starts. A familiar ploy is to be told that the works are on a budget - you duly quote for a budget range or product then to be told that what they really like is another product - much nearer the top of the range.
Here warning bells should ring as they probably fully intend to get their quality installation for the original budget price by agreeing to go for the higher priced product but having absolutely no intention of paying you for it by claiming all sorts of faults once most of the work has been done. They are hoping you will be scared off by talk of legislation and courts whereupon they will find another craftsmen who will complete your works for a small fee enabling them to effectively " pocket" the differerence and get what they wanted with you paying for it.
Most courts are fair and under the jurisdiction of experienced judges who are fully aware of this practice and after all, most have seen it all before - so our advice is do not be deterred from claiming what you are rightfully owed by these "barrack-room Hitlers" whose stock in trade is abuse, denigration of your abilities, and quasi-legal threats - not to mention of course that they always know much more about your trade and profession than you do.
Some of the lower forms of this "client" will even put members of their own family in the firing line up front and then claim the contract was with them afterwards,- especially if they have a history of such practices, so make sure all of your terms and conditions are in writing with a single individual clients name shown as the client and where possible ensure that installment payments ( often called interim payments ) are included in the contract.All contracts that include such payments have to be written and so they cannot then claim that you allowed them to change the contract orally - another trick in their thieves arsenal.
We have found this to be a fairly constant theme in objections raised by this, thankfully, minority of minorities,and from personal experience we have found that the old adage of "giving them enough rope" works quite well. Quietly making a pictorial record throughout the works is a very effective insurance policy against many fraudulent asertions.
Many of these problem customers can be spotted before the contract starts. A familiar ploy is to be told that the works are on a budget - you duly quote for a budget range or product then to be told that what they really like is another product - much nearer the top of the range.
Here warning bells should ring as they probably fully intend to get their quality installation for the original budget price by agreeing to go for the higher priced product but having absolutely no intention of paying you for it by claiming all sorts of faults once most of the work has been done. They are hoping you will be scared off by talk of legislation and courts whereupon they will find another craftsmen who will complete your works for a small fee enabling them to effectively " pocket" the differerence and get what they wanted with you paying for it.
Most courts are fair and under the jurisdiction of experienced judges who are fully aware of this practice and after all, most have seen it all before - so our advice is do not be deterred from claiming what you are rightfully owed by these "barrack-room Hitlers" whose stock in trade is abuse, denigration of your abilities, and quasi-legal threats - not to mention of course that they always know much more about your trade and profession than you do.
Some of the lower forms of this "client" will even put members of their own family in the firing line up front and then claim the contract was with them afterwards,- especially if they have a history of such practices, so make sure all of your terms and conditions are in writing with a single individual clients name shown as the client and where possible ensure that installment payments ( often called interim payments ) are included in the contract.All contracts that include such payments have to be written and so they cannot then claim that you allowed them to change the contract orally - another trick in their thieves arsenal.