Episode 2097
Sledgehammers and Lawsuits: The Wild World of Home Renovation!
Hiring a contractor isn't as easy as scrolling through your dating app and swiping right—trust me, I learned that the hard way! In this wild ride of an episode, we’re joined by Joseph Brinkman, an attorney who shines a light on the chaotic world of contractor hiring and real estate law. We dig into everything from dodging liability like it's a bad ex to deciphering contracts that are about as clear as mud. Spoiler alert: if you think you can just grab the cheapest guy off Craigslist and everything will magically go smoothly, then buckle up, because we’re about to expose the absurdity of that idea. So, grab your coffee, settle in, and let’s navigate this construction minefield together!
Ever thought hiring a contractor was as easy as picking a pizza topping? Well, buckle up, because Eric G, John Dudley, and attorney Joseph Brinkman are about to take you on a wild ride through the chaotic world of contractor hiring and real estate law. They dive into the nitty-gritty of why you shouldn't just swipe right on the first contractor you see on Craigslist. Spoiler alert: if it sounds too good to be true, it probably is. From understanding liability (you might be responsible if they fall off a ladder) to deciphering contracts that are murkier than that lake you swim in, this episode is here to shed light on the often absurd realities of home improvement projects. They discuss how to vet contractors properly, the importance of communicating expectations, and why a solid contract is your best friend when things take a turn for the worse.
Joseph Brinkman shares his wisdom on navigating the legal labyrinth of hiring contractors, emphasizing the importance of doing your homework. The guys share stories that will make your jaw drop—like the time a homeowner had to call the cops because of a contractor dispute that escalated to fisticuffs! They stress the importance of having clear communication and a vibe check before you sign any dotted line, because, believe me, no one wants to end up in a legal battle over a bathroom remodel. This episode is packed with practical advice, sharp humor, and a lot of laughs as they navigate the often ridiculous world of home renovations. So grab your coffee, sit back, and prepare to learn about the dos and don’ts of hiring contractors—because let's be real, you're gonna need it!
Takeaways:
- Hiring a contractor isn't as easy as swiping right on a dating app; it's a full-on relationship with all the complications.
- If you think hiring a contractor who offers the lowest bid is a good idea, just remember: you get what you pay for, and sometimes that means chaos.
- Navigating contracts in real estate can feel like deciphering your ex's mixed signals; if you're not careful, you might end up in a mess.
- Always do your due diligence before hiring; checking references and past work can save you from a nightmare scenario later on.
- Communication is key; make sure to vibe check your contractor to avoid future misunderstandings that could lead to literal fistfights.
- A contract is like a prenup for your home project—make sure it outlines everything clearly, including what happens if things go sideways.
Companies mentioned in this episode:
- Williams and Tucink
- Nextdoor
- Craigslist
- ABC Contractors
- Global Tile Posse
To get your questions answered by Eric G give us a call in the studio at 833-239-4144 24/7 and Eric G will get back to you and answer your question and you might end up in a future episode of Around the House.
Thanks for listening to Around the house if you want to hear more please subscribe so you get notified of the latest episode as it posts at https://around-the-house-with-e.captivate.fm/listen
If you want to join the Around the House Insider for access to the back catalog, Exclusive Content and a direct email to Eric G and access to the show early https://around-the-house-with-e.captivate.fm/support
We love comments and we would love reviews on how this information has helped you on your house! Thanks for listening! For more information about the show head to https://aroundthehouseonline.com/
Information given on the Around the House Show should not be considered construction or design advice for your specific project, nor is it intended to replace consulting at your home or jobsite by a building professional. The views and opinions expressed by those interviewed on the podcast are those of the guests and do not necessarily reflect the views and opinions of the Around the House Show.
Mentioned in this episode:
Advertise on the Around the House Show!
Contact us at AroundtheHouseOnline.com for more information!
SiteHype Designs
Visit SiteHype Designs and lets build a website that works as hard as you do! Use Promo Code "Eric G" for your free website audit and 30 minute consultation.
Clean up inside and out with AeroBroom
The world's first 2-in-1 sweeper broom and cordless leaf blower combined in one convenient tool to clean your outdoor living spaces. With the Aerobroom, you can use it to sweep just like a normal broom, or you can blast debris from hard-to-reach areas.
Subscribe to the Around the House Pro Insider!
Find the podcast here or your favorite podcast player! https://player.captivate.fm/show/d5793130-86a7-4b36-896b-b5c645059d3b
Suscribe to our YouTube Channel
Want even more home improvement tips, tricks, and insider advice? Subscribe to my YouTube channel @AroundTheHouseEricG for project guides, product reviews, and behind-the-scenes content you won’t hear on the podcast. Don’t miss out—hit that subscribe button today!
🔥 Join the Around the House Insider today and unlock more of the show you love! For just $4 a month, you’ll get: ✔️ Early access to the weekend show every Thursday ✔️ Extended exclusive episodes you won’t hear anywhere else ✔️ Full access to our entire back catalog ✔️ Direct access to Eric G with a private email ✔️ Plus member-only shows coming soon And right now—sign up for 30 days and get two free Around the House with Eric G stickers! But hurry—this offer is only good while supplies last. 👉 Head to AroundTheHouseOnline.com or click the link https://around-the-house-with-e.captivate.fm/support
Subscribe to the Around the House Pro Insider!
Find the podcast here or your favorite podcast player! https://player.captivate.fm/show/d5793130-86a7-4b36-896b-b5c645059d3b
Transcript
Foreign.
Speaker B:Welcome to around the House with Eric G. Your trusted source for all things home improvement.
Speaker B:Whether 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 B:With 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 A:Home.
Speaker B:It's everything you need to know without the fluff.
Speaker B:Now let's get this show started with our host, Eric G. And John Dudley.
Speaker C:Welcome to the around the House show, the next generation of home improvement.
Speaker C:This is your trusted source for everything about your home, and we got a great one today.
Speaker C:I'm Eric G. Johnny, great to see you, brother.
Speaker D:Thanks for having me, brother.
Speaker D:Always fun.
Speaker C:Always fun.
Speaker C:And 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 C:But we have a great guest today.
Speaker C:We 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 C:Joseph, welcome to around the House.
Speaker A:Thank you, guys.
Speaker A:I appreciate being here, and I'm excited to.
Speaker A:To get into this stuff, man.
Speaker C:This is.
Speaker C:This 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 C:And 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 C:And that big noise you hear is the liability door opening.
Speaker A:Yeah, absolutely.
Speaker A:I mean, if it sounds cheap, it's like, I mean, I'm the same way.
Speaker A:If I.
Speaker A:If I feel a deal out there, I'm going to take it.
Speaker A:Yeah.
Speaker C:And 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 C:Correct.
Speaker C:Which means you're in charge of their medical expenses and everything else that goes along with that.
Speaker A:You want to cut off the liability chain as quick as you can and as efficiently as you can.
Speaker A:So.
Speaker A:Absolutely.
Speaker C:So what are some of your tips, brother, for really trying to do that, you don't get yourself in trouble.
Speaker A:Yeah, I mean, I think when it comes to.
Speaker A:And I guess I'm kind of tailoring all of this to home renovation projects.
Speaker A:Nothing commercial.
Speaker A:This is just.
Speaker A:Yeah, this is home renovation we're going to do.
Speaker A:Hiring a contractor and kind of getting into what you want to be in that contract.
Speaker A:And 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 A:It could be years, could be months.
Speaker A:You've been saving for it and allocating some money towards that project for a long time.
Speaker A:You've been going through the plans for so much time and generally speaking, have just been putting a lot of time into it.
Speaker A:So 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 A:Let's just roll with it and see what happens.
Speaker C:There we go.
Speaker C:Yeah.
Speaker C:It's so crazy and it's so interesting here.
Speaker C:I 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 C:They do stings.
Speaker C:They will go around and drive around neighborhoods.
Speaker C:They've got enforcement officers.
Speaker C:And 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 C:I'll say, hey, how are these guys to work with?
Speaker C:What do you see?
Speaker C:And they'll go, wow, they're current with everything.
Speaker C:They've been sued twice, but they've been in business for 55 years.
Speaker C:So that's not that far outside of the box.
Speaker C:And any complaints they had were resolved quickly.
Speaker C:And it seems, seems like on the up and up, and now you've got somebody that's at least helping you.
Speaker C:Now, I know across the US it can be the Wild West.
Speaker C:Some places don't even have contractor licensing.
Speaker C:And it's depending on where you're at, it can be a whole new ballgame.
Speaker A:Yeah.
Speaker A:And 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 A:I'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 A:I mean, it does not hurt to ask someone you know who you know has done a project.
Speaker A:When you did that research before you found your contractor, what did you find?
Speaker A:Did this name come up?
Speaker A:Was it flagged for any reason?
Speaker A:And I think not only doing the research, but.
Speaker A:And 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 A:Because 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 A:Not even the contract of.
Speaker A:Let me see those conversations.
Speaker A:Let me see communications that you had or explain those communications you had before you even put pen to paper.
Speaker A:What was.
Speaker A:What was the vibe?
Speaker A:Because there has to be a vibe check.
Speaker A:Like with any other relationship in life, you want to know who you're signing up to work with.
Speaker A:And, John, I know you're a contractor.
Speaker A:We're a contractor.
Speaker A:And you can appreciate that if it goes both ways, too.
Speaker A:This is not just from the homeowner's perspective.
Speaker A:The contractor, too.
Speaker A:If 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 D:No.
Speaker D:And that's a.
Speaker D:That's a real hard truth.
Speaker D:And we've brought that.
Speaker D:That topic point up several times over the last couple of months, like.
Speaker D:Cause for me, that was always a big thing.
Speaker D:And it's something I always emphasize when we're speaking to the homeowner.
Speaker D:Like, man, get that vibe.
Speaker D:You know, he might not be the cheapest, he might not be the most expensive.
Speaker D:He might not have the prettiest truck.
Speaker D:But 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 D:And 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 A:They want that.
Speaker A:They want that.
Speaker D:They're like, yeah, they know authenticity.
Speaker D:They 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 D:And same goes for the homeowner.
Speaker D:When they're like, hey, if you do a great job on my bathroom, let's take a look at the kitchen afterwards.
Speaker D:I'm like, you're the snake oil peddler now, brother.
Speaker A:Yep, it's.
Speaker D:Yeah, it's.
Speaker D:And, you know, especially in these long remodels, it's.
Speaker D:It's somebody you're gonna have to get along with for a couple of months.
Speaker A:And if not longer.
Speaker D:I have also talked about the relationship between husband and wife during these big remodels, and it gets sticky, man.
Speaker D:No matter how cool of a person you are, there's going to be points so that friction comes.
Speaker D:So I love that advice.
Speaker D:Thank you, Joseph.
Speaker C:I 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 C:And she goes off and gives him a right hook that landed.
Speaker C:And I'm like, whoa, whoa.
Speaker C:And I was like, hey, guys, this meeting's done.
Speaker C:They're like, oh, I'm sorry.
Speaker C:I'm sorry.
Speaker C:I'm like.
Speaker C:They're like, no, let's continue.
Speaker C:I'm like, this meeting's done.
Speaker C:Because the next thing I have to do is call the police.
Speaker A:This is a different type of podcast now.
Speaker C:Yeah, exactly.
Speaker D:And a different attorney.
Speaker D:We need to contact a different attorney.
Speaker A:That's.
Speaker A:That's not me.
Speaker C:Now we're into the Johnny Depp stuff, and that's a whole other thing.
Speaker A:Jesus, here we go.
Speaker A:We're checking every box right now.
Speaker A:I love it.
Speaker D:Well, what?
Speaker C:It'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 C:Because in that front end of the project, if it is not nice, calm, chill.
Speaker C:If it's already rough, it just gets worse from there.
Speaker A:Absolutely.
Speaker A:And again, just kind of like when you're approaching this, again, you've spent so.
Speaker A:And this is what always throws me off.
Speaker A:You've spent so much time planning for this.
Speaker A:Why are you allowing yourself to even feel the pressure of having to hire this person?
Speaker A:And from the contractor's perspective, too, you've got other jobs.
Speaker A:Why are you feeling the pressure to have to take this?
Speaker A:And 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 A:Maybe it's not perfect right now, but it could get there.
Speaker A:And 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 A:Don't let the pressure get you that early.
Speaker B:To 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 B:We'll be right back.
Speaker A:And the kids these days will never understand what it's like to play an instrument and being a fan.
Speaker D:What's up?
Speaker D:This is Sticks It In Ya and.
Speaker A:Satchel from Steel Panther.
Speaker A:And you are listening to around the House with Eric G. Yeah, we love.
Speaker B:Eric Garrett and you should, too.
Speaker B:Welcome back to the around the House show.
Speaker B:Please 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 B:Let's get back to it.
Speaker A:Don't let the pressure hit you that early.
Speaker A:At least let the pressure hit you way later on when you have to make a quick decision.
Speaker A:And 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 A:It just doesn't make sense.
Speaker C:Yeah.
Speaker C:And 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 C:You're sick and tired of everyone.
Speaker C:At that point, almost no matter how good that relationship goes, you got to start out great.
Speaker A:Yeah.
Speaker A:And then all of a sudden, it's an Irish coffee and things are.
Speaker A:Things are getting out of hand.
Speaker D:And here comes the right hook.
Speaker A:And here comes the right hook.
Speaker A:This is.
Speaker A:It's all linear right now.
Speaker C:Well, 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 C:And it's so crazy because I'm also.
Speaker C:You and I were talking beforehand about some of the.
Speaker C:Some of the groups that I'm either a moderator or an expert in on social media.
Speaker C:And one of them is, is called Ask a Cabinet Maker.
Speaker C:And people are doing these kitchen models, and there is no contract.
Speaker C:It's literally on the back of yesterday's pizza box.
Speaker C:There's no samples, there's no drawings.
Speaker C:It's a big round number.
Speaker C:And then they're wondering why they're not getting what they expected because no one's bothered to communicate it correctly.
Speaker A:Yeah.
Speaker A:And 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 A:In an ideal world, you've got the perfect contract.
Speaker A:You've thought through this, you've listened to this podcast, you've heard the horror stories.
Speaker A:You know what is to come and why it's important to have that contract 95% of the time.
Speaker A:We're not going to have that.
Speaker A:And 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 A:And yeah, maybe this is a $400,000 project, but we just got to make it work.
Speaker A:And that's practically what's going on.
Speaker A:But you've got to.
Speaker A:You've got to take a step back.
Speaker A:And again, it's just the timing of.
Speaker A:You've put so much time to begin with.
Speaker A:Let'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 A:If it does get to that, it's.
Speaker C:So important because that's always the first thing I ask when things are going sideways on that.
Speaker C:And I.
Speaker C:And this is something I literally comment once or twice a day in this group.
Speaker A:And.
Speaker C:And the first thing is, what is your contract say?
Speaker C:And they're like, well, it doesn't look what I expected.
Speaker C:Okay, what is the sample that you signed and approved?
Speaker C:Where's the door sample you signed and approved?
Speaker C:And 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 C:We don't have a contract until there is a signed sample that we have in our hands.
Speaker C:We'll order them two samples, they get to have one.
Speaker C:We have the control sample they're going to approve, and we're going to keep that in the file with the contract.
Speaker C:And so we have all the hard pieces so there's no misunderstandings.
Speaker C:And you have to almost go to that level, especially with some of the products that you see out there.
Speaker C:And I've got horror stories with that where products are not clear and it look.
Speaker C:And it's perfectly written out in the contract, but there's still a misunderstanding around it.
Speaker A:Exactly.
Speaker A:And 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 A:I actually don't have that.
Speaker A:They never gave it to me.
Speaker A:I'm like, well then why the hell did you sign it?
Speaker A:And that said that you did have it, you don't even know what it said.
Speaker A:And now you're just operating based off of what someone else is saying that you may or may not have agreed to.
Speaker A:So I agree.
Speaker A:It's, it's, I mean it's almost like it's kind of like a prenup.
Speaker A:I mean it really, it's, it's the con, it's the construction prenup of.
Speaker A:And that's why I think it's important.
Speaker A:It's not just to cover your own, but it's to cover both parties butts.
Speaker A:And it should very clearly explain what happens if something goes south.
Speaker A:It'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 A:But 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 A:Here's what you can't fight.
Speaker A:And it needs to spell that out.
Speaker A:And I don't, I don't think people really realize how important that part of the contract is.
Speaker A:It's not just the typical provisions, but it's the breakup provisions.
Speaker C:Speaking of the breakup, we covered this probably now three or four years ago.
Speaker C:I don't know if you saw this out in, in Colorado, but it was the sledgehammer contractor that made all the stuff.
Speaker C:So he was doing a remodel for a bathroom and he wanted to get paid early outside the contract.
Speaker C:She said no because she had some concerns about the quality.
Speaker C:And 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 C:And 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 C:And it looked, I mean it looked like a blind 8 year old did the tile work.
Speaker C:It was the worst tile work I'd ever seen.
Speaker C:And this guy, when it Was all said and done after two years, he did a little time for that felony, and rightfully so.
Speaker C:But 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 A:Absolutely.
Speaker A:And unfortunately, we've dealt with a lot of cases where there's not clear enough instruction.
Speaker A:It's not clearly spelled out what part of the job is going to.
Speaker A:That's going to entail.
Speaker A:What demo plans specifically.
Speaker A:Specifically, demo plans of.
Speaker A:Why didn't you look at these plans before you sign the contract?
Speaker A:You can't.
Speaker A:You have to make sure, you know, because once you demo something, it's gone.
Speaker A:Once something's gone, it's gone.
Speaker A:So you've got to be on the same page.
Speaker A:And again, demo happens first.
Speaker A:So I'm like, again, what are we.
Speaker A:Why are we at a disconnect this early on?
Speaker A:If there's going to be a demo, you better know what the demo is going to be.
Speaker A:And 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 A:And I mean, your loan might be affected by that.
Speaker A:Oh, my gosh.
Speaker A:Right?
Speaker A:It's the hugest piece is the money.
Speaker A:And where are you getting this money?
Speaker A:And even if.
Speaker A:Even if you're kind of.
Speaker A:You're fronting the cash yourself, I mean, you're not taking out a loan for the project.
Speaker A:I mean, that's a huge expense if.
Speaker A:If you demo the wrong part of the property.
Speaker C:Yeah, it's like the.
Speaker C:It's like the surgeon doing the wrong surgery.
Speaker C:You know, it's exactly hard to go back and fix that.
Speaker C:It's just what it is.
Speaker C:But this is probably one of the most controversial parts of construction.
Speaker C:What is your take on down payments?
Speaker A:Give me as much detail as you can.
Speaker A:I can't.
Speaker A:I cannot stand looking at these contracts where it just says 25,000 do off the bat.
Speaker A:Well, what does that entail?
Speaker A:What's that going to cover?
Speaker A:Because I know in theory, $25,000 is going to go towards materials.
Speaker A:It's going to go towards my subs.
Speaker B:To 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 B:We'll be right back.
Speaker A:Not for many foreign.
Speaker B:Welcome back to the around the House show.
Speaker B:Please 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 B:Let'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 A:There's a lot of things that I can assume it's going to go towards, but you've got to spell that out.
Speaker A:It can't just be, give me a chunk of cash and we'll make progress.
Speaker A:Well, what does that mean?
Speaker A:And that's.
Speaker A:I think that's my initial take is I just.
Speaker A:I don't like it.
Speaker A:It has to be more detailed.
Speaker C:Yeah, it's.
Speaker C:It's so bad because I get it.
Speaker C:If you're doing a kitchen model and it's.
Speaker C:Let's say it's $100,000 kitchen model, you could easily have 25 or $30,000 of the cabinets in that.
Speaker C:And I get that you probably are going to go prepay it.
Speaker C:You know, contractors don't have the house accounts that they had 30 years ago where you just went down to the lumberyard.
Speaker C:It was a handshake, and off you went again.
Speaker C:It's a different world.
Speaker C:But 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 A:Absolutely.
Speaker A:And that's.
Speaker A:I mean, that's the biggest unknown when you do just hand over a chunk of change.
Speaker A:Is, 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 A:And you don't know until it's written out and it's described and every.
Speaker A:In the contract, every stage has to be detailed.
Speaker A:And again, it just.
Speaker A:It 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 A:Nobody's on the same page of what is and isn't supposed to be happening right now.
Speaker A:Like, you.
Speaker A:You're all disagreeing for a reason.
Speaker A:I'm as confused as all of you.
Speaker C:Yeah.
Speaker C:That those benchmarks are so key.
Speaker C:And I don't know, John, you were really good at that, you know, spelling that stuff out in your contracts back then.
Speaker C:Only because we kind of had to be, but it was one of those things.
Speaker C:That, you know, homeowners love to slow pay if they can get away with it.
Speaker C:So 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 C:We'll have countertop templates here, for instance, and that is going to be the benchmark for the next payment or round of payment.
Speaker C:So you can go check.
Speaker C:Okay, now it's time.
Speaker C:And that gets to be even at that.
Speaker C:That can be a gray area, but it's better than just two months in.
Speaker C:You're paying me this.
Speaker A:Yeah.
Speaker D:Those are lessons hard learned, I can tell you that for sure.
Speaker D:And my contracts only got better because of those hard learned lessons.
Speaker A:And that's what all of this is.
Speaker D:That'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 D:Those are.
Speaker D:And as contracts, I mean, we're inherently lazy when it comes to contracts.
Speaker D:I don't even want to look at an Excel spreadsheet.
Speaker D:Like, I pound nails and I build cool things and I make people dance in their kitchens and they're happy about it.
Speaker D:Spelling out on October 7th, you're going to give me this.
Speaker D:And it's going to go to a bag of screws and a hammer.
Speaker D:And I know stuff made me crazy.
Speaker D:Crazy, absolutely fair.
Speaker D:Contractors don't want to do all that stuff.
Speaker D:You're an attorney.
Speaker D:You live in that world.
Speaker D:I get it.
Speaker D:My accountant, she will attest, God rest your soul.
Speaker D:I used to walk in with literally a giant cardboard box of all my receipts and stuff and invoice whatever.
Speaker D:I'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 D:That's me and paperwork, man.
Speaker A:But no one wants to do it.
Speaker A:And that's the thing.
Speaker A:And I, of course, live and breathe it.
Speaker A:But neither the homeowner nor the contractor want to do that.
Speaker A:And that's why it always ends so poorly.
Speaker A:Because when you do disagree, well, what's the first thing we're going to look to is the paperwork.
Speaker A:And when it's incredibly unclear, then both sides just take a hard position of, you told me you wanted me to do this.
Speaker A:And the homeowner says, no, I didn't.
Speaker A:My gosh, I never know who to believe.
Speaker A:And it's just, it's a game of characters and it's so.
Speaker A:It's.
Speaker A:It can be really fun to be the kind of the mediator.
Speaker A:But at the same time, I'm like, you guys are just lying through your teeth, both of you.
Speaker C:Yeah, both of you are right.
Speaker A:No one's right here.
Speaker C:Yeah.
Speaker C:So what is your take on the breakup rules?
Speaker C:Because I think this is so important, because you get.
Speaker C:I'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 C:You.
Speaker C:This is.
Speaker C:There'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 C:And 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 C:I know it gets really sketchy across the country, depending on where you live, but what's your take on that, I guess.
Speaker A:Right.
Speaker A:Right.
Speaker A:To repair aside, because Georgia's got the Right to Repair act, and it's very, very strict, and there's so many procedural.
Speaker A:Just strict liability.
Speaker A:Have to hit this before we get to the next step.
Speaker A:That 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 A:If 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 A:Right.
Speaker A:And that's the little caveat, assuming it was all done right, you can't fight that.
Speaker A:But 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 A:They know that they can go and pull that they can cancel that permit whenever they want.
Speaker A:And all of a sudden, there's a homeowner, whether or not we call her Karen, him or her, any.
Speaker A:Whatever we want to refer to Jim, Jim is ready to move on to another contractor.
Speaker A:Jim should be able to do that, assuming Jim pays what's actually been done so far.
Speaker A:So my.
Speaker A:My 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 A:And yes, maybe they expected going into this that I'm going to make 100 grand on this project.
Speaker A:But.
Speaker A:Yeah, and that's the reality.
Speaker A:But.
Speaker A:But 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 A:And it's got to be.
Speaker A:It's got to be a very clean transition of power as it comes to the permit.
Speaker A:Because 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 A:This is my permit.
Speaker A:I'm just like, God.
Speaker D:Especially if the back of his house is wide open because you demoed the.
Speaker A:Back wall when you weren't supposed to.
Speaker D:Jim's like, hey, dude, shower curtain cover in my house ain't gonna work.
Speaker A:Yeah, exactly.
Speaker C:Well, 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 C:It'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 C:They'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 A:Yep.
Speaker D:Yeah.
Speaker C:So it never saves you money.
Speaker C:And 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 D:And 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 D:And secondly, you know, your house is such a private item that first of all, you get very excited about the project.
Speaker D:Second of all, your expectations are never realistic.
Speaker D:Third of all, you're completely impatient.
Speaker D:And so now everything's at a 10.
Speaker A:Right.
Speaker D:So a hangnail can lead to a right hook when we get involved in these situations.
Speaker C:Yeah.
Speaker A:Always bringing it back to the right.
Speaker D:Right.
Speaker D:I'm always back.
Speaker D:But.
Speaker D:But it's a.
Speaker D:It's about bringing it back to personalities and, and having people that are level enough.
Speaker D:And as a contractor, I had to learn.
Speaker D:I was part psychologist half the time.
Speaker D:Like, I had to be a therapist.
Speaker D:It's like being a haircutter.
Speaker D:You're like, this is the worst thing I've ever done to somebody's hair.
Speaker D:So how's the kids?
Speaker D:I mean like you legit have to be a therapist at some point to keep that temperature down because everything is emotionally charged.
Speaker D:It was my favorite color purple.
Speaker D:And that's not the purple I wanted.
Speaker B:Like 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 B:Around the House will be right back.
Speaker B:Welcome back to the around the House show.
Speaker B:We had a bunch of the conversation not make it into this podcast.
Speaker B:So make sure you subscribe to our around the House insider to hear the entire thing commercial free.
Speaker B:Eric G. And John Dudley are wrapping up the conversation with Joseph Brinkman and we are talking about contractor law.
Speaker B:Let's get back to it.
Speaker A:Not every municipality has perfect public access to all those records.
Speaker A:And then what you'll see a lot of the times from appraisers on their reports is they will have an appraiser.
Speaker A:Their 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 A:And then here's everything that I didn't do today.
Speaker A:And I'm like, well then what did I pay you for?
Speaker D:If everybody has gotten good at at least one thing, it's shirking responsibility.
Speaker D:Yes, they're with them there with them.
Speaker D:And especially in the States, it's so litigious there.
Speaker D:People know somebody's going to come after them for something even if it's not on them.
Speaker D:It'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 D:I don't care, I'll fix it later.
Speaker D:I just love this place.
Speaker D:I got to have it.
Speaker D:But 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 D:Somebody to tell them these things.
Speaker A:Right.
Speaker D:Whether the it's the appraiser or an honest real estate agent that says, hey, this looks like this might be an addition.
Speaker D:We 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 D:They're looking to make a buck.
Speaker D:They want to get the sale.
Speaker D:They got a birthday for their baby.
Speaker D:It's Just, it's an accountability.
Speaker D:Yeah, that's.
Speaker D:Where do you look now?
Speaker D:And everybody's so well protected with the five pages you're talking about, Joseph.
Speaker D:Disappointing but.
Speaker C:Well, Johnny too is.
Speaker C:Think about it from a bank perspective, right.
Speaker C: u just lended money out for a: Speaker D:Foot and only a thousand of it's legal.
Speaker D:Yeah.
Speaker C:So okay, there's $750,000 of value I lent out there quite frankly doesn't exist.
Speaker D:Well, you'll never get my pity for the banks.
Speaker D:But.
Speaker A:No, I know.
Speaker C:Hypothetically though, but you see where I'm going with that Joseph.
Speaker C:That gets to be pretty ugly pretty quick on paper and then you get.
Speaker A:Into 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 A:And that's always such a difficult conversation on our end is trying to convince someone that $30,000 quote isn't worth it.
Speaker D:Isn't worth it.
Speaker A:Yeah, they and I would agree.
Speaker A:You look at, I get, I hear it either on the phone or face to face.
Speaker A:Someone'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 D:And I'll just go yes, that's, I'm that guy, dude.
Speaker D:I'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 D:And what's it going to cost me in time and my life experience?
Speaker A:Like Exactly.
Speaker A:It's emotional.
Speaker A:I don't speak about the baggage, the emotional baggage from the project.
Speaker A:Well now you've got another piece to it.
Speaker A:Now you've got a lawsuit and then you're paying me instead of spending that money to finish and fix the issue.
Speaker A:And 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 A:Because 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 A:Exactly.
Speaker A:So my thought is always let's just get to the finish line and then you're gonna think differently.
Speaker A:You just are.
Speaker C:Well, great example.
Speaker C:I've been through a couple divorces and I've had some friends that are going through something now.
Speaker C: y, man, I know you want your $: Speaker C: Are you gonna spend $: Speaker C:Why 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 A:Yeah, exactly.
Speaker D:I took my tools and my guitars and I said, keep the rest.
Speaker D:I don't care.
Speaker A:You gotta let go.
Speaker D:Fight from this dog.
Speaker D:Yep.
Speaker A:You gotta let go.
Speaker C:Absolutely.
Speaker C:Absolutely.
Speaker C:Well, Joseph, we're running out of time.
Speaker C:We're going through this hour quick.
Speaker C:I wanted to just kind of wrap this up in a.
Speaker C:In 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 C:Just kind of a rapid fire.
Speaker C:What's your quick suggestions on it?
Speaker C:Because I know we could do another hour just on that again.
Speaker A:Yeah, what we've talked about, it's a vibe check first and foremost, I think.
Speaker A:And, and I don't mean to sound too critical of any contractor.
Speaker A:And John, this is not aimed at you or anybody, but you don't.
Speaker A:As the homeowner, you don't owe the contractor anything.
Speaker A:This is your project.
Speaker A:You have saved for it.
Speaker A:You have planned it out for years, for months, whatever it is.
Speaker A:This is the vessel that you need to finish the project to make it into reality.
Speaker A:Before that, before you started looking for this contractor, you would know anyone, anything.
Speaker A:This is your thing.
Speaker A:So I think that's an important mindset to have.
Speaker A:Now, don't be arrogant.
Speaker A:Don'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 D:Serve me.
Speaker A:You serve me.
Speaker A:No, not.
Speaker D:That being said, the contractor is a service provider, which really makes them a tool that you're paying for.
Speaker D:Don't forget.
Speaker D:You're making a great point, but I would wholeheartedly agree as a.
Speaker A:So 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 A:So I think it's the vibe check, it's that it's do your Due diligence.
Speaker A:And 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 A:And 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 A:Obviously, the other end of that spectrum is another two years and 100 grand.
Speaker A:But you have to know going in that it's not.
Speaker A:This isn't going to be exactly what you think it's going to be.
Speaker A:And I think the last part, it's not Legos, as much as we might want it to be.
Speaker A:And.
Speaker A:And don't get bullied, don't get pushed around.
Speaker A:And you need to find the right fit that you guys can kind of work together and know how to disagree.
Speaker A:But 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 A:Just shut up.
Speaker A:I'll make the change.
Speaker A:It'll be fine.
Speaker A:Like, no, you don't have to agree to that.
Speaker A:And I think there's a position of power, and we all, with anything in life, we kind of tend to rely on experts.
Speaker A:But 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 A:You don't need an attorney at $350 an hour to tell you that.
Speaker C:Amen.
Speaker C:And my other rule is not written done.
Speaker C:It doesn't exist.
Speaker D:Yeah, that was frustrating as a contractor myself, right.
Speaker D:Hearing those stories like, oh, man, super frustrating.
Speaker A:Yeah, don't frustrate.
Speaker A:It goes both ways.
Speaker A:Yeah.
Speaker D:Yeah.
Speaker C:So, 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 C:How do they find you?
Speaker C:You can hear their horror story.
Speaker C:Maybe we can talk about it next time.
Speaker A:I.
Speaker A:Now that we're talking, I'm like, I would love to just do some of this in Oregon.
Speaker A:It sounds pretty awesome.
Speaker A:But I would just.
Speaker A:I would just say you just be on the lookout for an attorney who's also going to approach it this way.
Speaker A:Because 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 A:Someone needs to be on the same page as you and understand that this is your child, this project is your child.
Speaker A:And we're trying to get you through the project.
Speaker A:We're not trying to get you through a fight with the contractor, because that shouldn't matter as much as the project.
Speaker A:And again, if we just take that step back to the very beginning of what's the whole point of this?
Speaker A:It's to finish the job and get through what you wanted to get through so that you have the finished product.
Speaker A:So I'd say anyone who's in the middle of this needs to.
Speaker A:Needs to remember that.
Speaker A:And also, I don't know what that was.
Speaker A:Needs to.
Speaker A:It needs to.
Speaker D:Colombia, man.
Speaker D:Columbia.
Speaker D:We like fireworks in the middle of the day.
Speaker D:Come on.
Speaker D:Viva Columbia.
Speaker A:And have a little bit of that type of attitude about it.
Speaker C:Absolutely.
Speaker C:Absolutely.
Speaker C:Joseph Brinkman, thanks for coming on today, man.
Speaker C:I just really appreciate what you're doing out there for homeowners, because I tell you what, this is such.
Speaker C:And it's just such a big, important part of any remodel project when you're bringing someone in to do it.
Speaker C:And that's super important.
Speaker C:And I think it's just one of those things that this is the roadmap for your.
Speaker C:Your project, and it's.
Speaker C:You got to pay attention to it, brother.
Speaker A:Absolutely.
Speaker A:Well, I. I appreciate you guys.
Speaker A:It's been a pleasure and.
Speaker A:And good luck to all the homeowners out there and diving into their new projects.
Speaker C:All right, brother.
Speaker D:Talking with you, Joseph.
Speaker D:Thanks for coming.
Speaker C:Great for Johnny.
Speaker C:I'm Eric G. You've been listening to around the House.
Speaker C:I had to leave.
Speaker A:Not yet.
Speaker A:Go all over the radio with you.
