The desire of every trade contractor is to do their work without interruption, leave, put in an invoice, get paid promptly and never have to go back to that site again.
The problem is that vary rarely does anybody do what they have to do to achieve that aim. While everybody hopes for that outcome, very little is done to make it happen.
That is not to say that there is a great deal of effort going into trying to make sure that the work performed on site is well done. However, that is not enough. It is just one aspect of not going back.
The other problem is that if you have not done what you have to do, simply refusing to go back when there is in fact a real problem can make things worse.
There are also flow on effects such as having to pay for repainting and other finishing that will have to be redone once you have rectified your work.
The Myth
The biggest obstacle to not going back is the popular myth that if you do not have a contract or you are working on a purchase order that is light on terms and conditions you are avoiding all of those nasty things such as defects liability periods and having to meet interesting standards.
The Reality
The common law and the Sale of Goods Acts in each of the states impose obligations and time limits that last for many years and standards of work that are much higher than that contemplated by the builder and the trade contractor.
Contracts that set a defects liability period and specify the standard of work can dramatically reduce the amount of time for which you are liable for any defects that might arise in the appearance of the work.
Manufacturers Mistakes
There can also be problems with manufacturer’s products or the user instructions.
The big danger is using a product according to the instructions at the time of installation or application but in the meantime those instructions are changed to overcome issues with the product.
By the time you get the phone call about problems with your work you do not have anything to show that you did what you were supposed to do at the time you did the work.
You need to be keeping samples of the product specifications and instructions for a number of years after the job was done.
What to do
It is not good enough to just have very good trade skills and be a nice guy in the hope that you get paid and do not have any problems that will cost you a lot of money to fix some years after you have done the job.
You also have to pay attention to contracts, quality control and the paperwork necessary to drive those processes.
If you do not there will be a nasty shock one day and it will cost you a lot of money.
In the current economic environment that could be the difference between you:
1. having a business and working for someone else; or
2. being financially viable rather than being bankrupt.
What should you do.
There are a lot of people that think they will be regarded as stupid or silly if they do not know all of this stuff.
That is not correct. Just because you have not been trained in something does not make you an idiot if you do not know it.
What you need to do is contact us and find out what training you can do to help you with this.
There are also good computer systems that can make issuing the paperwork a lot easier.
However, you should not believe that buying an app will save you when it comes to the crunch. An app or a computer system is worth nothing if you do not have the knowledge.
The other question you need to ask is whether the information you are receiving is geared to the needs of a trade contractor or is it generic on of little or no help at all.
But it costs money.
Good training and information does cost money and sometimes a fair bit of money.
However, the question is not whether you can afford to do the training and put in place the systems that you need. The question is whether you can afford not to.
You will be horrified when you find out how much money you have been losing because you did not know the rules.
This is not different to the dangers of going swimming without knowing how to swim, driving without knowing the road rules or using a mobile phone without knowing how you are going to be billed.
Procedure
If you are contacted about defective work there is a procedure that you need to follow in order to minimise the consequences.
They are:
| 1) | Get the training you need; |
| 2) | Get the systems that you need; |
| 3) | Enter into a properly negotiated contract; |
| 4) | Do not ever do the best you can to make a poor background work when the outcome is just not going to be good enough; |
| 5) | Do your work to the standard specified in the contract within the time limits specified in the contract; |
| 6) | Do the paperwork necessary to close off the contract such as practical completion and final completion; |
| 7) | When you do get the phone call about allegedly defective work: |
| a) | Go and have a look at the problem and ascertain what the issue is; |
| b) | Look at your contract and ascertain your contractual liability; |
| c) | If it is something that is clearly within your contractual liability, is clearly defective work and within the defects liability period then you should arrange to rectify the defects immediately; |
| d) | If it relates to a settling of the background or poor paint application and you are not responsible for the background or the paint then you should endeavour to discuss this with the builder. If the issue becomes problematic or confrontational then you may want to contact the association for technical assistance; |
| e) | If it may be a defect in the product then you should contact the manufacturer to attend and consider funding the rectification and if they are unwilling to assist contact the association for technical help; |
| f) | If it is poor workmanship, check your contract to see if you are within the defects liability period; |
| g) | If you are outside the defects liability period then it is a question of the relationship that you wish it maintain with that builder; |
| h) | If your contract is with a homeowner and not a builder then the circumstances may be different and you need to obtain advice before you say and do anything; |
| i) | Just remember that once you decide to rectify any work you may well be liable for the repaint and that may well be the entire wall (or room). |
| j) | At all times you should take care to make sure the entire process is documented by: |
| i) | confirming all discussions in writing; |
| ii) | keeping a copy of all emails, faxes, letters and notices; |
| iii) | Taking photographs of before and after states with the appropriate measuring indicators in place; |
| iv) | Keeping samples of materials and products removed from the defective work area; |
| v) | Keeping detailed records of exactly what work and materials were consumed in the rectification process; |
| vi) | Keeping all product data sheets and user instructions. |