Foreign.
Speaker BWelcome to around the House with Eric G. Your trusted source for all things home improvement.
Speaker BWhether you're tackling a DIY project, hiring it out, or just trying to keep your home running smoothly, you're in the right place.
Speaker BWith over 30 years of remodeling experience, certified kitchen designer Eric G takes you behind the scenes with expert advice, industry trends, and the latest innovations for your home.
Speaker AHome.
Speaker BIt's everything you need to know without the fluff.
Speaker BNow let's get this show started with our host, Eric G. And John Dudley.
Speaker CWelcome to the around the House show, the next generation of home improvement.
Speaker CThis is your trusted source for everything about your home, and we got a great one today.
Speaker CI'm Eric G. Johnny, great to see you, brother.
Speaker DThanks for having me, brother.
Speaker DAlways fun.
Speaker CAlways fun.
Speaker CAnd this is going to be a great one because this is something that, if you've been listening recently, Dudley and I have been waving the flag on a lot.
Speaker CBut we have a great guest today.
Speaker CWe got Joseph Brinkman, who's an associate attorney with Williams and Tucink, focusing his practice on land use, zoning, real estate litigation, and everything about your home, including, did you hire that contractor correctly?
Speaker CJoseph, welcome to around the House.
Speaker AThank you, guys.
Speaker AI appreciate being here, and I'm excited to.
Speaker ATo get into this stuff, man.
Speaker CThis is.
Speaker CThis is just something that John and I have been talking about a lot because there are so many things as a homeowner you're not prepared for.
Speaker CAnd I think what's even making it worse these days are some of these websites like Nextdoor and Craigslist and all of these things where somebody comes out and goes, yeah, I'll do that for $400, and off you go.
Speaker CAnd that big noise you hear is the liability door opening.
Speaker AYeah, absolutely.
Speaker AI mean, if it sounds cheap, it's like, I mean, I'm the same way.
Speaker AIf I.
Speaker AIf I feel a deal out there, I'm going to take it.
Speaker AYeah.
Speaker CAnd it's dangerous because as I've always said to people on this show for years, if you hire somebody to go up and clean your gutters and they fall off and get hurt, they're your employee.
Speaker CCorrect.
Speaker CWhich means you're in charge of their medical expenses and everything else that goes along with that.
Speaker AYou want to cut off the liability chain as quick as you can and as efficiently as you can.
Speaker ASo.
Speaker AAbsolutely.
Speaker CSo what are some of your tips, brother, for really trying to do that, you don't get yourself in trouble.
Speaker AYeah, I mean, I think when it comes to.
Speaker AAnd I guess I'm kind of tailoring all of this to home renovation projects.
Speaker ANothing commercial.
Speaker AThis is just.
Speaker AYeah, this is home renovation we're going to do.
Speaker AHiring a contractor and kind of getting into what you want to be in that contract.
Speaker AAnd I think off the bat, I mean, most of the time, if you've got this big project that you want to do, you've been planning for it for a while.
Speaker AIt could be years, could be months.
Speaker AYou've been saving for it and allocating some money towards that project for a long time.
Speaker AYou've been going through the plans for so much time and generally speaking, have just been putting a lot of time into it.
Speaker ASo my, I guess first question would be when you're looking for a contractor is why would you cut a corner after doing all of that work and after making this your child and envisioning this for so long, why would you at the very last second just say, you know what, I found that guy on Craigslist.
Speaker ALet's just roll with it and see what happens.
Speaker CThere we go.
Speaker CYeah.
Speaker CIt's so crazy and it's so interesting here.
Speaker CI live in a state here in Oregon where we have a really good construction contractors board that is, you know, to some contractors that absolutely hate this, but they are actively going after unlicensed, unbonded, uninsured contractors.
Speaker CThey do stings.
Speaker CThey will go around and drive around neighborhoods.
Speaker CThey've got enforcement officers.
Speaker CAnd as a homeowner, you can literally just get on the phone, give them a call and say, hey, I'm looking at hiring and I'll make a name up, ABC Contractors.
Speaker CI'll say, hey, how are these guys to work with?
Speaker CWhat do you see?
Speaker CAnd they'll go, wow, they're current with everything.
Speaker CThey've been sued twice, but they've been in business for 55 years.
Speaker CSo that's not that far outside of the box.
Speaker CAnd any complaints they had were resolved quickly.
Speaker CAnd it seems, seems like on the up and up, and now you've got somebody that's at least helping you.
Speaker CNow, I know across the US it can be the Wild West.
Speaker CSome places don't even have contractor licensing.
Speaker CAnd it's depending on where you're at, it can be a whole new ballgame.
Speaker AYeah.
Speaker AAnd I mean, I think the biggest thing that I would say in response to that is just use your resources and if you've got the resources, utilize them.
Speaker AI'm not sure if we have something quite as impressive in Georgia as you guys have out in Oregon, but I think all of this kind of what we're talking about applies wherever you are, which is, do your due diligence, rely on the information that you've got and ask around.
Speaker AI mean, it does not hurt to ask someone you know who you know has done a project.
Speaker AWhen you did that research before you found your contractor, what did you find?
Speaker ADid this name come up?
Speaker AWas it flagged for any reason?
Speaker AAnd I think not only doing the research, but.
Speaker AAnd this is kind of getting into the next part of this, of the process, but sit down with the contractor and have a conversation.
Speaker ABecause when I get involved, it's usually once the relationship's already kind of past repair, and the first thing always that I'll ask to see.
Speaker ANot even the contract of.
Speaker ALet me see those conversations.
Speaker ALet me see communications that you had or explain those communications you had before you even put pen to paper.
Speaker AWhat was.
Speaker AWhat was the vibe?
Speaker ABecause there has to be a vibe check.
Speaker ALike with any other relationship in life, you want to know who you're signing up to work with.
Speaker AAnd, John, I know you're a contractor.
Speaker AWe're a contractor.
Speaker AAnd you can appreciate that if it goes both ways, too.
Speaker AThis is not just from the homeowner's perspective.
Speaker AThe contractor, too.
Speaker AIf you show up and you've got a homeowner who's, you know, going to be on your ass no matter what, maybe you don't necessarily want that job.
Speaker DNo.
Speaker DAnd that's a.
Speaker DThat's a real hard truth.
Speaker DAnd we've brought that.
Speaker DThat topic point up several times over the last couple of months, like.
Speaker DCause for me, that was always a big thing.
Speaker DAnd it's something I always emphasize when we're speaking to the homeowner.
Speaker DLike, man, get that vibe.
Speaker DYou know, he might not be the cheapest, he might not be the most expensive.
Speaker DHe might not have the prettiest truck.
Speaker DBut like I always tell Eric, you know, I used to walk in and sell $300,000 remodels with long musician hair and tattoos and earrings, ripped jeans.
Speaker DAnd the people would buy from me versus my sales guy, who'd go in with a tie and a sport jacket, all dolled up and looking pretty.
Speaker AThey want that.
Speaker AThey want that.
Speaker DThey're like, yeah, they know authenticity.
Speaker DThey know when you're speaking the truth, and they know that you're being genuinely who you are, and it makes a huge difference.
Speaker DAnd same goes for the homeowner.
Speaker DWhen they're like, hey, if you do a great job on my bathroom, let's take a look at the kitchen afterwards.
Speaker DI'm like, you're the snake oil peddler now, brother.
Speaker AYep, it's.
Speaker DYeah, it's.
Speaker DAnd, you know, especially in these long remodels, it's.
Speaker DIt's somebody you're gonna have to get along with for a couple of months.
Speaker AAnd if not longer.
Speaker DI have also talked about the relationship between husband and wife during these big remodels, and it gets sticky, man.
Speaker DNo matter how cool of a person you are, there's going to be points so that friction comes.
Speaker DSo I love that advice.
Speaker DThank you, Joseph.
Speaker CI had to almost call the police to break up a fight between a husband and wife on a new home build because he had changed the laundry room cabinets, and she wasn't aware.
Speaker CAnd she goes off and gives him a right hook that landed.
Speaker CAnd I'm like, whoa, whoa.
Speaker CAnd I was like, hey, guys, this meeting's done.
Speaker CThey're like, oh, I'm sorry.
Speaker CI'm sorry.
Speaker CI'm like.
Speaker CThey're like, no, let's continue.
Speaker CI'm like, this meeting's done.
Speaker CBecause the next thing I have to do is call the police.
Speaker AThis is a different type of podcast now.
Speaker CYeah, exactly.
Speaker DAnd a different attorney.
Speaker DWe need to contact a different attorney.
Speaker AThat's.
Speaker AThat's not me.
Speaker CNow we're into the Johnny Depp stuff, and that's a whole other thing.
Speaker AJesus, here we go.
Speaker AWe're checking every box right now.
Speaker AI love it.
Speaker DWell, what?
Speaker CIt's crazy, though, because, you know, and I always said this as I taught kitchen and bath designers, because, you know, I've got 35 plus years of kitchen and bath design behind me, and I'd say, hey, if you're not letting go a couple clients a year, you're probably not being picky enough.
Speaker CBecause in that front end of the project, if it is not nice, calm, chill.
Speaker CIf it's already rough, it just gets worse from there.
Speaker AAbsolutely.
Speaker AAnd again, just kind of like when you're approaching this, again, you've spent so.
Speaker AAnd this is what always throws me off.
Speaker AYou've spent so much time planning for this.
Speaker AWhy are you allowing yourself to even feel the pressure of having to hire this person?
Speaker AAnd from the contractor's perspective, too, you've got other jobs.
Speaker AWhy are you feeling the pressure to have to take this?
Speaker AAnd I know sometimes it just seems in the moment to be it, and you're like, wow, I can see where this is going.
Speaker AMaybe it's not perfect right now, but it could get there.
Speaker AAnd that's with any relationship in life, but especially when you're about to invest so much Money and become best friends with this contractor.
Speaker ADon't let the pressure get you that early.
Speaker BTo find out more information about the show, head to aroundthehouse online.com help us out and hit that subscribe button on our podcast, around the House.
Speaker BWe'll be right back.
Speaker AAnd the kids these days will never understand what it's like to play an instrument and being a fan.
Speaker DWhat's up?
Speaker DThis is Sticks It In Ya and.
Speaker ASatchel from Steel Panther.
Speaker AAnd you are listening to around the House with Eric G. Yeah, we love.
Speaker BEric Garrett and you should, too.
Speaker BWelcome back to the around the House show.
Speaker BPlease visit our website at aroundthe house online.com Eric G. And John Dudley are in the middle of a conversation with Joseph Brinkman, and we are talking about contractor law.
Speaker BLet's get back to it.
Speaker ADon't let the pressure hit you that early.
Speaker AAt least let the pressure hit you way later on when you have to make a quick decision.
Speaker AAnd I know we'll get to that, but a quick decision, maybe at the very end to finish everything off, but before you even put pen to paper.
Speaker AIt just doesn't make sense.
Speaker CYeah.
Speaker CAnd when you later in that process where they've been coming in and out of your house for 45, 50 hours a week and they're coming over to play catch up on Saturday morning, and all you want to do is just be sitting there in your pajamas, drinking coffee and maybe watching the morning news or the morning home improvement show on hdtv and you got people walking through your living room.
Speaker CYou're sick and tired of everyone.
Speaker CAt that point, almost no matter how good that relationship goes, you got to start out great.
Speaker AYeah.
Speaker AAnd then all of a sudden, it's an Irish coffee and things are.
Speaker AThings are getting out of hand.
Speaker DAnd here comes the right hook.
Speaker AAnd here comes the right hook.
Speaker AThis is.
Speaker AIt's all linear right now.
Speaker CWell, you know, I think the big thing here, too is, is as we go through this process, the contract is such an important thing.
Speaker CAnd it's so crazy because I'm also.
Speaker CYou and I were talking beforehand about some of the.
Speaker CSome of the groups that I'm either a moderator or an expert in on social media.
Speaker CAnd one of them is, is called Ask a Cabinet Maker.
Speaker CAnd people are doing these kitchen models, and there is no contract.
Speaker CIt's literally on the back of yesterday's pizza box.
Speaker CThere's no samples, there's no drawings.
Speaker CIt's a big round number.
Speaker CAnd then they're wondering why they're not getting what they expected because no one's bothered to communicate it correctly.
Speaker AYeah.
Speaker AAnd I think it's important to make clear, and I know John can attest to this, there's the practical side of everything, and then there's reality.
Speaker AIn an ideal world, you've got the perfect contract.
Speaker AYou've thought through this, you've listened to this podcast, you've heard the horror stories.
Speaker AYou know what is to come and why it's important to have that contract 95% of the time.
Speaker AWe're not going to have that.
Speaker AAnd you're going to have a piece of paper or a handshake, and it's just going to be, I'm hiring you to do this because I trust you, and I've heard from multiple people that you know what you're doing.
Speaker AAnd yeah, maybe this is a $400,000 project, but we just got to make it work.
Speaker AAnd that's practically what's going on.
Speaker ABut you've got to.
Speaker AYou've got to take a step back.
Speaker AAnd again, it's just the timing of.
Speaker AYou've put so much time to begin with.
Speaker ALet's just take a little bit of extra time to figure out the details, because the contract itself can make everything go smoothly, including the breakup.
Speaker AIf it does get to that, it's.
Speaker CSo important because that's always the first thing I ask when things are going sideways on that.
Speaker CAnd I.
Speaker CAnd this is something I literally comment once or twice a day in this group.
Speaker AAnd.
Speaker CAnd the first thing is, what is your contract say?
Speaker CAnd they're like, well, it doesn't look what I expected.
Speaker COkay, what is the sample that you signed and approved?
Speaker CWhere's the door sample you signed and approved?
Speaker CAnd that was a rule when I owned my own kitchen and bath company, was that I don't care if they want to write a check today.
Speaker CWe don't have a contract until there is a signed sample that we have in our hands.
Speaker CWe'll order them two samples, they get to have one.
Speaker CWe have the control sample they're going to approve, and we're going to keep that in the file with the contract.
Speaker CAnd so we have all the hard pieces so there's no misunderstandings.
Speaker CAnd you have to almost go to that level, especially with some of the products that you see out there.
Speaker CAnd I've got horror stories with that where products are not clear and it look.
Speaker CAnd it's perfectly written out in the contract, but there's still a misunderstanding around it.
Speaker AExactly.
Speaker AAnd you can't have a situation where you're like, oh, well, the contractor was supposed to get me exhibit A to the contract right after we signed.
Speaker AI actually don't have that.
Speaker AThey never gave it to me.
Speaker AI'm like, well then why the hell did you sign it?
Speaker AAnd that said that you did have it, you don't even know what it said.
Speaker AAnd now you're just operating based off of what someone else is saying that you may or may not have agreed to.
Speaker ASo I agree.
Speaker AIt's, it's, I mean it's almost like it's kind of like a prenup.
Speaker AI mean it really, it's, it's the con, it's the construction prenup of.
Speaker AAnd that's why I think it's important.
Speaker AIt's not just to cover your own, but it's to cover both parties butts.
Speaker AAnd it should very clearly explain what happens if something goes south.
Speaker AIt's not just about here's how we're going to do change orders, which I've got a lot to say on that.
Speaker ABut it needs to say if you guys are going to go like this at a certain point, post right hook, then here's what's going to happen and here's what you can recover as the contractor, here's what you can't touch and here's what you can claim as a homeowner.
Speaker AHere's what you can't fight.
Speaker AAnd it needs to spell that out.
Speaker AAnd I don't, I don't think people really realize how important that part of the contract is.
Speaker AIt's not just the typical provisions, but it's the breakup provisions.
Speaker CSpeaking of the breakup, we covered this probably now three or four years ago.
Speaker CI don't know if you saw this out in, in Colorado, but it was the sledgehammer contractor that made all the stuff.
Speaker CSo he was doing a remodel for a bathroom and he wanted to get paid early outside the contract.
Speaker CShe said no because she had some concerns about the quality.
Speaker CAnd he went over even though he was told not to enter the premises and was known as the sledgehammer contractor because as the neighbor filmed it, he went into the bathroom with a sledgehammer and demoed it as a quote, repossession.
Speaker CAnd we were very involved in this because I saw it come out and we had some friends of the show and another Facebook group called Global Tile Posse went out there and they gave her a brand new bathroom for free.
Speaker CAnd it looked, I mean it looked like a blind 8 year old did the tile work.
Speaker CIt was the worst tile work I'd ever seen.
Speaker CAnd this guy, when it Was all said and done after two years, he did a little time for that felony, and rightfully so.
Speaker CBut it just shows you, even if you have a contract, if people don't want to follow it, it's something you can hold people accountable with, but it's not going to fix the overall problem of hiring the wrong person.
Speaker AAbsolutely.
Speaker AAnd unfortunately, we've dealt with a lot of cases where there's not clear enough instruction.
Speaker AIt's not clearly spelled out what part of the job is going to.
Speaker AThat's going to entail.
Speaker AWhat demo plans specifically.
Speaker ASpecifically, demo plans of.
Speaker AWhy didn't you look at these plans before you sign the contract?
Speaker AYou can't.
Speaker AYou have to make sure, you know, because once you demo something, it's gone.
Speaker AOnce something's gone, it's gone.
Speaker ASo you've got to be on the same page.
Speaker AAnd again, demo happens first.
Speaker ASo I'm like, again, what are we.
Speaker AWhy are we at a disconnect this early on?
Speaker AIf there's going to be a demo, you better know what the demo is going to be.
Speaker AAnd it can't be a situation where maybe I did authorize it, maybe I didn't, because that's kind of the most important part.
Speaker AAnd I mean, your loan might be affected by that.
Speaker AOh, my gosh.
Speaker ARight?
Speaker AIt's the hugest piece is the money.
Speaker AAnd where are you getting this money?
Speaker AAnd even if.
Speaker AEven if you're kind of.
Speaker AYou're fronting the cash yourself, I mean, you're not taking out a loan for the project.
Speaker AI mean, that's a huge expense if.
Speaker AIf you demo the wrong part of the property.
Speaker CYeah, it's like the.
Speaker CIt's like the surgeon doing the wrong surgery.
Speaker CYou know, it's exactly hard to go back and fix that.
Speaker CIt's just what it is.
Speaker CBut this is probably one of the most controversial parts of construction.
Speaker CWhat is your take on down payments?
Speaker AGive me as much detail as you can.
Speaker AI can't.
Speaker AI cannot stand looking at these contracts where it just says 25,000 do off the bat.
Speaker AWell, what does that entail?
Speaker AWhat's that going to cover?
Speaker ABecause I know in theory, $25,000 is going to go towards materials.
Speaker AIt's going to go towards my subs.
Speaker BTo find out more information about the show, head to aroundthehouse online.com help us out and hit that subscribe button on our podcast, around the House.
Speaker BWe'll be right back.
Speaker ANot for many foreign.
Speaker BWelcome back to the around the House show.
Speaker BPlease visit our website@aroundthehouseonline.com Eric G and John Dudley are in the middle of a conversation with Joseph Brinkman, and we are talking about contractor law.
Speaker BLet's get back to it.
Speaker A$25,000 is going to go towards me materials, it's going to go towards my subs, it's going to go towards plans and permitting.
Speaker AThere's a lot of things that I can assume it's going to go towards, but you've got to spell that out.
Speaker AIt can't just be, give me a chunk of cash and we'll make progress.
Speaker AWell, what does that mean?
Speaker AAnd that's.
Speaker AI think that's my initial take is I just.
Speaker AI don't like it.
Speaker AIt has to be more detailed.
Speaker CYeah, it's.
Speaker CIt's so bad because I get it.
Speaker CIf you're doing a kitchen model and it's.
Speaker CLet's say it's $100,000 kitchen model, you could easily have 25 or $30,000 of the cabinets in that.
Speaker CAnd I get that you probably are going to go prepay it.
Speaker CYou know, contractors don't have the house accounts that they had 30 years ago where you just went down to the lumberyard.
Speaker CIt was a handshake, and off you went again.
Speaker CIt's a different world.
Speaker CBut at the same point, if they're turning around and just paying off the bill for the last project and don't have the money to pay for your cabinets, and they're hoping for the next one to pay off yours, that's where that death spiral of a contractor happens.
Speaker AAbsolutely.
Speaker AAnd that's.
Speaker AI mean, that's the biggest unknown when you do just hand over a chunk of change.
Speaker AIs, is this covering another job that you're already in a lawsuit over and that's why you needed this cash, or is this going towards my cabinets like you claimed it was?
Speaker AAnd you don't know until it's written out and it's described and every.
Speaker AIn the contract, every stage has to be detailed.
Speaker AAnd again, it just.
Speaker AIt drives me crazy when I get involved months after there's been an issue, and I'm like, well, obviously you guys are fighting because nobody knows any.
Speaker ANobody's on the same page of what is and isn't supposed to be happening right now.
Speaker ALike, you.
Speaker AYou're all disagreeing for a reason.
Speaker AI'm as confused as all of you.
Speaker CYeah.
Speaker CThat those benchmarks are so key.
Speaker CAnd I don't know, John, you were really good at that, you know, spelling that stuff out in your contracts back then.
Speaker COnly because we kind of had to be, but it was one of those things.
Speaker CThat, you know, homeowners love to slow pay if they can get away with it.
Speaker CSo you kind of have to have those things in there from the contractor, you know, to say, okay, cabinets are going to be installed.
Speaker CWe'll have countertop templates here, for instance, and that is going to be the benchmark for the next payment or round of payment.
Speaker CSo you can go check.
Speaker COkay, now it's time.
Speaker CAnd that gets to be even at that.
Speaker CThat can be a gray area, but it's better than just two months in.
Speaker CYou're paying me this.
Speaker AYeah.
Speaker DThose are lessons hard learned, I can tell you that for sure.
Speaker DAnd my contracts only got better because of those hard learned lessons.
Speaker AAnd that's what all of this is.
Speaker DThat's covering your cabinets repurchase on my amex for the month and a half until you pay me again or whatever the case may be.
Speaker DThose are.
Speaker DAnd as contracts, I mean, we're inherently lazy when it comes to contracts.
Speaker DI don't even want to look at an Excel spreadsheet.
Speaker DLike, I pound nails and I build cool things and I make people dance in their kitchens and they're happy about it.
Speaker DSpelling out on October 7th, you're going to give me this.
Speaker DAnd it's going to go to a bag of screws and a hammer.
Speaker DAnd I know stuff made me crazy.
Speaker DCrazy, absolutely fair.
Speaker DContractors don't want to do all that stuff.
Speaker DYou're an attorney.
Speaker DYou live in that world.
Speaker DI get it.
Speaker DMy accountant, she will attest, God rest your soul.
Speaker DI used to walk in with literally a giant cardboard box of all my receipts and stuff and invoice whatever.
Speaker DI'd put it on her desk, she'd get me a beer out of the fridge, she'd start talking, my eyes would glaze over and she'd say, get out of here.
Speaker DThat's me and paperwork, man.
Speaker ABut no one wants to do it.
Speaker AAnd that's the thing.
Speaker AAnd I, of course, live and breathe it.
Speaker ABut neither the homeowner nor the contractor want to do that.
Speaker AAnd that's why it always ends so poorly.
Speaker ABecause when you do disagree, well, what's the first thing we're going to look to is the paperwork.
Speaker AAnd when it's incredibly unclear, then both sides just take a hard position of, you told me you wanted me to do this.
Speaker AAnd the homeowner says, no, I didn't.
Speaker AMy gosh, I never know who to believe.
Speaker AAnd it's just, it's a game of characters and it's so.
Speaker AIt's.
Speaker AIt can be really fun to be the kind of the mediator.
Speaker ABut at the same time, I'm like, you guys are just lying through your teeth, both of you.
Speaker CYeah, both of you are right.
Speaker ANo one's right here.
Speaker CYeah.
Speaker CSo what is your take on the breakup rules?
Speaker CBecause I think this is so important, because you get.
Speaker CI'm not going to disparage the name Karen out there, but you get the homeowner that gets upset, and they're like, you're off the job.
Speaker CYou.
Speaker CThis is.
Speaker CThere's a scratch in my door, and we're, you know, they're 90% done, and I don't want them coming back here anymore.
Speaker CAnd sometimes you have rules on a state or a local basis that says, hey, they have a right to go out and repair it first and give it a try.
Speaker CI know it gets really sketchy across the country, depending on where you live, but what's your take on that, I guess.
Speaker ARight.
Speaker ARight.
Speaker ATo repair aside, because Georgia's got the Right to Repair act, and it's very, very strict, and there's so many procedural.
Speaker AJust strict liability.
Speaker AHave to hit this before we get to the next step.
Speaker AThat aside, I think just generally speaking, you've got to have something clearly written out that says if the relationship terminates, doesn't matter whose fault it is, the contractor is entitled to everything that they've done at least up to that date.
Speaker AIf the contractor has already purchased the materials with their own money, if they have already done work, if they've already done anything that costs money, they have to be entitled to that to the extent the work was actually done.
Speaker ARight.
Speaker AAnd that's the little caveat, assuming it was all done right, you can't fight that.
Speaker ABut what I always have a problem with is there's a lot of situations where the contractor knows that they have leverage at this point as far as permitting.
Speaker AThey know that they can go and pull that they can cancel that permit whenever they want.
Speaker AAnd all of a sudden, there's a homeowner, whether or not we call her Karen, him or her, any.
Speaker AWhatever we want to refer to Jim, Jim is ready to move on to another contractor.
Speaker AJim should be able to do that, assuming Jim pays what's actually been done so far.
Speaker ASo my.
Speaker AMy take on it and in the breakup provisions is that you've got to spell that out, and you have to have not only the provision that says contractor gets what they've done to date, but you also need to have something that says they're not entitled to anything after that because they didn't do it.
Speaker AAnd yes, maybe they expected going into this that I'm going to make 100 grand on this project.
Speaker ABut.
Speaker AYeah, and that's the reality.
Speaker ABut.
Speaker ABut on top of that, there needs to be something in there, I think, and this is kind of what I. I harp on a lot, is the permit, the changing of the guard for the permit.
Speaker AAnd it's got to be.
Speaker AIt's got to be a very clean transition of power as it comes to the permit.
Speaker ABecause you can't have a situation where Jim wants to move on and get a new contractor involved, but he can't, because the contractor's like, this is my job.
Speaker AThis is my permit.
Speaker AI'm just like, God.
Speaker DEspecially if the back of his house is wide open because you demoed the.
Speaker ABack wall when you weren't supposed to.
Speaker DJim's like, hey, dude, shower curtain cover in my house ain't gonna work.
Speaker AYeah, exactly.
Speaker CWell, and then the worst part is, is that homeowner is always going to pay more when another contractor comes in because they're coming in with all the red flags going, okay, you just hired somebody and it looks like they did half decent job on this.
Speaker CIt's not a, it's not a procedural hot mess as far as, okay, things look like they, they're good to this point.
Speaker CThey're always going to look at it and go, oh man, I'm going to charge 20, 30, whatever percent more going, this is going to be a hot mess on the best day.
Speaker AYep.
Speaker DYeah.
Speaker CSo it never saves you money.
Speaker CAnd I always try to go, okay, is there a way to go back and repair this, people, before you start throwing hand grenades at contractors, trucks out front?
Speaker DAnd it's tough because, and I was going to say this earlier, like, first of all, anything that involves this amount of money or that amount of money is going to be emotionally charged.
Speaker DAnd secondly, you know, your house is such a private item that first of all, you get very excited about the project.
Speaker DSecond of all, your expectations are never realistic.
Speaker DThird of all, you're completely impatient.
Speaker DAnd so now everything's at a 10.
Speaker ARight.
Speaker DSo a hangnail can lead to a right hook when we get involved in these situations.
Speaker CYeah.
Speaker AAlways bringing it back to the right.
Speaker DRight.
Speaker DI'm always back.
Speaker DBut.
Speaker DBut it's a.
Speaker DIt's about bringing it back to personalities and, and having people that are level enough.
Speaker DAnd as a contractor, I had to learn.
Speaker DI was part psychologist half the time.
Speaker DLike, I had to be a therapist.
Speaker DIt's like being a haircutter.
Speaker DYou're like, this is the worst thing I've ever done to somebody's hair.
Speaker DSo how's the kids?
Speaker DI mean like you legit have to be a therapist at some point to keep that temperature down because everything is emotionally charged.
Speaker DIt was my favorite color purple.
Speaker DAnd that's not the purple I wanted.
Speaker BLike to find out more information about the show, head to aroundthehouse online.com help us out and hit that subscribe button on our podcast.
Speaker BAround the House will be right back.
Speaker BWelcome back to the around the House show.
Speaker BWe had a bunch of the conversation not make it into this podcast.
Speaker BSo make sure you subscribe to our around the House insider to hear the entire thing commercial free.
Speaker BEric G. And John Dudley are wrapping up the conversation with Joseph Brinkman and we are talking about contractor law.
Speaker BLet's get back to it.
Speaker ANot every municipality has perfect public access to all those records.
Speaker AAnd then what you'll see a lot of the times from appraisers on their reports is they will have an appraiser.
Speaker ATheir appraisal will be like two or three pages and then five pages of here's what we're not doing and here's what you can't, here's what you can't come after me for is yep, here's what the, here's what it's worth.
Speaker AAnd then here's everything that I didn't do today.
Speaker AAnd I'm like, well then what did I pay you for?
Speaker DIf everybody has gotten good at at least one thing, it's shirking responsibility.
Speaker DYes, they're with them there with them.
Speaker DAnd especially in the States, it's so litigious there.
Speaker DPeople know somebody's going to come after them for something even if it's not on them.
Speaker DIt's unfortunate, but you know, the people I think about and I've stupidly bought several homes and not looked into those things, you know, again, emotionally charged.
Speaker DI don't care, I'll fix it later.
Speaker DI just love this place.
Speaker DI got to have it.
Speaker DBut you think about a 20 year old couple or 24 year old couple with a baby and they don't know what the hell they're doing.
Speaker DSomebody to tell them these things.
Speaker ARight.
Speaker DWhether the it's the appraiser or an honest real estate agent that says, hey, this looks like this might be an addition.
Speaker DWe should check with the, you know, check the record, see if nobody's out there doing that because the real estate agent is mostly charged.
Speaker DThey're looking to make a buck.
Speaker DThey want to get the sale.
Speaker DThey got a birthday for their baby.
Speaker DIt's Just, it's an accountability.
Speaker DYeah, that's.
Speaker DWhere do you look now?
Speaker DAnd everybody's so well protected with the five pages you're talking about, Joseph.
Speaker DDisappointing but.
Speaker CWell, Johnny too is.
Speaker CThink about it from a bank perspective, right.
Speaker CSo let's say you're a major mortgage company and you just lended money out for a 2700 square foot house that was calculated out at, I'm going to use a round number, 500 a square.
Speaker DFoot and only a thousand of it's legal.
Speaker DYeah.
Speaker CSo okay, there's $750,000 of value I lent out there quite frankly doesn't exist.
Speaker DWell, you'll never get my pity for the banks.
Speaker DBut.
Speaker ANo, I know.
Speaker CHypothetically though, but you see where I'm going with that Joseph.
Speaker CThat gets to be pretty ugly pretty quick on paper and then you get.
Speaker AInto kind of the cost breakdown of well what does it cost to fight this and what are we, how much money are we really fighting about?
Speaker AAnd that's always such a difficult conversation on our end is trying to convince someone that $30,000 quote isn't worth it.
Speaker DIsn't worth it.
Speaker AYeah, they and I would agree.
Speaker AYou look at, I get, I hear it either on the phone or face to face.
Speaker ASomeone's looking at me like are you really telling me right now, you who has no skin in the game, Joseph, that $30,000 isn't worth it?
Speaker DAnd I'll just go yes, that's, I'm that guy, dude.
Speaker DI'm like that was a hundred thousand dollar mistake and I'm not going to chase it down through three years of nonsensical attorney craz paperwork and phone calls.
Speaker DAnd what's it going to cost me in time and my life experience?
Speaker ALike Exactly.
Speaker AIt's emotional.
Speaker AI don't speak about the baggage, the emotional baggage from the project.
Speaker AWell now you've got another piece to it.
Speaker ANow you've got a lawsuit and then you're paying me instead of spending that money to finish and fix the issue.
Speaker AAnd that's why a lot of the times my, my kind of theory is let's, let's finish the project then maybe reevaluate whether we want to sue and reevaluate if that really makes sense.
Speaker ABecause most if not all the time after you spend $30,000 to fix everything and you're done and you're moved in and you're happy, why would you then spend another 30 to make part of 30.
Speaker AExactly.
Speaker ASo my thought is always let's just get to the finish line and then you're gonna think differently.
Speaker AYou just are.
Speaker CWell, great example.
Speaker CI've been through a couple divorces and I've had some friends that are going through something now.
Speaker CAnd I go, hey, man, I know you want your $1200 television back, but your attorney is $350 an hour.
Speaker CAre you gonna spend $6000 fighting for a $1200 TV?
Speaker CWhy don't you go buy a really cool 8K one after this is all said and done and enjoy it instead of getting one that maybe has a hole in it by the time you get it?
Speaker AYeah, exactly.
Speaker DI took my tools and my guitars and I said, keep the rest.
Speaker DI don't care.
Speaker AYou gotta let go.
Speaker DFight from this dog.
Speaker DYep.
Speaker AYou gotta let go.
Speaker CAbsolutely.
Speaker CAbsolutely.
Speaker CWell, Joseph, we're running out of time.
Speaker CWe're going through this hour quick.
Speaker CI wanted to just kind of wrap this up in a.
Speaker CIn a nice little bow and just some quick tips for people out there that are getting ready to hire that contractor and maybe going down that, that road.
Speaker CJust kind of a rapid fire.
Speaker CWhat's your quick suggestions on it?
Speaker CBecause I know we could do another hour just on that again.
Speaker AYeah, what we've talked about, it's a vibe check first and foremost, I think.
Speaker AAnd, and I don't mean to sound too critical of any contractor.
Speaker AAnd John, this is not aimed at you or anybody, but you don't.
Speaker AAs the homeowner, you don't owe the contractor anything.
Speaker AThis is your project.
Speaker AYou have saved for it.
Speaker AYou have planned it out for years, for months, whatever it is.
Speaker AThis is the vessel that you need to finish the project to make it into reality.
Speaker ABefore that, before you started looking for this contractor, you would know anyone, anything.
Speaker AThis is your thing.
Speaker ASo I think that's an important mindset to have.
Speaker ANow, don't be arrogant.
Speaker ADon't walk into a meeting with a contractor and kind of just slam your fist on the table and be like, you're going to do this for 50,000 less than you're probably entitled.
Speaker DServe me.
Speaker AYou serve me.
Speaker ANo, not.
Speaker DThat being said, the contractor is a service provider, which really makes them a tool that you're paying for.
Speaker DDon't forget.
Speaker DYou're making a great point, but I would wholeheartedly agree as a.
Speaker ASo I think from the homeowner's perspective, you have to approach it with that mindset of, I do need a contractor, but I don't necessarily owe this contractor at this moment anything.
Speaker ASo I think it's the vibe check, it's that it's do your Due diligence.
Speaker AAnd then I think really the biggest kind of pill to swallow off the bat is you have to know that this is going to cost more than you think it's going to cost, and it's going to take more time than you think it's going to take.
Speaker AAnd whether that's an extra week, and I'm not trying to say that it's automatically going to be an extra six months, but it could be an extra week, it could be an extra five grand.
Speaker AObviously, the other end of that spectrum is another two years and 100 grand.
Speaker ABut you have to know going in that it's not.
Speaker AThis isn't going to be exactly what you think it's going to be.
Speaker AAnd I think the last part, it's not Legos, as much as we might want it to be.
Speaker AAnd.
Speaker AAnd don't get bullied, don't get pushed around.
Speaker AAnd you need to find the right fit that you guys can kind of work together and know how to disagree.
Speaker ABut it really is frustrating when I see people getting pushed around and being told, no, no, no, just trust me, I know what I'm doing.
Speaker AJust shut up.
Speaker AI'll make the change.
Speaker AIt'll be fine.
Speaker ALike, no, you don't have to agree to that.
Speaker AAnd I think there's a position of power, and we all, with anything in life, we kind of tend to rely on experts.
Speaker ABut a lot of the times you have to be able to take a step back and kind of trust your spidey sense and just know that if this doesn't smell right, it probably isn't.
Speaker AYou don't need an attorney at $350 an hour to tell you that.
Speaker CAmen.
Speaker CAnd my other rule is not written done.
Speaker CIt doesn't exist.
Speaker DYeah, that was frustrating as a contractor myself, right.
Speaker DHearing those stories like, oh, man, super frustrating.
Speaker AYeah, don't frustrate.
Speaker AIt goes both ways.
Speaker AYeah.
Speaker DYeah.
Speaker CSo, Joseph, before we head out, what's the best way of people, like, I'm in my own nightmare right now and they need help.
Speaker CHow do they find you?
Speaker CYou can hear their horror story.
Speaker CMaybe we can talk about it next time.
Speaker AI.
Speaker ANow that we're talking, I'm like, I would love to just do some of this in Oregon.
Speaker AIt sounds pretty awesome.
Speaker ABut I would just.
Speaker AI would just say you just be on the lookout for an attorney who's also going to approach it this way.
Speaker ABecause the last thing you need once you're in a bunch of is to get even deeper into that by just funneling in legal fees.
Speaker ASomeone needs to be on the same page as you and understand that this is your child, this project is your child.
Speaker AAnd we're trying to get you through the project.
Speaker AWe're not trying to get you through a fight with the contractor, because that shouldn't matter as much as the project.
Speaker AAnd again, if we just take that step back to the very beginning of what's the whole point of this?
Speaker AIt's to finish the job and get through what you wanted to get through so that you have the finished product.
Speaker ASo I'd say anyone who's in the middle of this needs to.
Speaker ANeeds to remember that.
Speaker AAnd also, I don't know what that was.
Speaker ANeeds to.
Speaker AIt needs to.
Speaker DColombia, man.
Speaker DColumbia.
Speaker DWe like fireworks in the middle of the day.
Speaker DCome on.
Speaker DViva Columbia.
Speaker AAnd have a little bit of that type of attitude about it.
Speaker CAbsolutely.
Speaker CAbsolutely.
Speaker CJoseph Brinkman, thanks for coming on today, man.
Speaker CI just really appreciate what you're doing out there for homeowners, because I tell you what, this is such.
Speaker CAnd it's just such a big, important part of any remodel project when you're bringing someone in to do it.
Speaker CAnd that's super important.
Speaker CAnd I think it's just one of those things that this is the roadmap for your.
Speaker CYour project, and it's.
Speaker CYou got to pay attention to it, brother.
Speaker AAbsolutely.
Speaker AWell, I. I appreciate you guys.
Speaker AIt's been a pleasure and.
Speaker AAnd good luck to all the homeowners out there and diving into their new projects.
Speaker CAll right, brother.
Speaker DTalking with you, Joseph.
Speaker DThanks for coming.
Speaker CGreat for Johnny.
Speaker CI'm Eric G. You've been listening to around the House.
Speaker CI had to leave.
Speaker ANot yet.
Speaker AGo all over the radio with you.