Working as a Dispute Expert Witness allows me to see first-hand, many examples of trial and tribulation, as tempers flare and uncomplimentary comments abound regarding the professionalism of the contractor, combined with the interference of the customer!
Despite full Terms and Conditions, all documentation in order and everything set fair for a sensible methodology in starting and finishing a scheme, somewhere along the line, the chain is broken and disputes arise between the two Parties. Common sense collapses and the whole project becomes poisoned.
This particular consultancy niche is something I quite enjoy doing; in most cases, happy resolution is achieved, and both Parties shake hands and agree to resolve matters. There are some times though, that become problematic when the Contractor forgets that they are, indeed, Contractors.
Paperwork and essential documents such as a ‘Contract’ are marginalised, and both customer and contractor – garden designers, landscapers and garden maintenance firms – all are ‘contractors’ – are just as likely to fall into the trap of becoming over friendly with their clients. For over half a century building gardens, I have always resisted allowing any client from becoming My Best Friend! I relish the Master/Servant relationship, because we sometimes need ‘social barriers’ between us to act as a protective shield in a professional situation.
As Gardeners, we are happy to discuss sites with potential clients, and homeowners are pleased to find a kindred spirit who understands their wishes and needs, willing to help them to achieve their dream gardens.
A few sketches, some paving samples, a mood board of planting ideas, and a figure to carry out the work, whether it is designing and planning, or putting together a schedule of works, with some figures and estimates agreed over a cup of coffee, all leading to a properly documented Quotation, complete with all compliances.
Start dates are agreed, perhaps some money paid in advance as a Mobilisation Payment or Booking Fee to cover the costs of materials and to ensure the project is put in the diary, and all seems set fair for a happy job.
In too many cases however, the contractor has not ensured that a detailed set of documents are in place. These include a quotation, specification and method statement (basically, a written storyboard of how the works are to be carried out) which enables the contractor and customer to know exactly what was agreed, when, how, what, why and where. Critically, the contract should state whether it is an Estimate or Quotation.
Construction projects involving Health & Safety, machinery or equipment will require a CDM (Contract (Design Management) Regulations 2015 Plan which must be formulated for the scheme from beginning to end.
An Estimate is precisely that; an estimate of how long the works will take, and an idea of the likely costs. A Quotation is a fixed price contract, stating that a certain amount of work will be carried out for an agreed amount of money.
An estimate may also allow for the customer to have an active input into the project once it is under way, with any alterations noted and at the end of the job, payment made to the satisfaction of both Parties.
However, when this lack of financial discipline is found under Quotation rules, any such variations must be recorded and charged as extras. Even if some things are changed to cheaper quality, the saving (if any) must be recorded and agreed in writing.
An example of this would be if the customer decided to opt for a cheaper grade of paving, thereby saving a hundred pounds on the price of the job.
The overall strength and integrity of a project may be compromised by the simple act of saving the customer a hundred pounds if the paving proves to be more porous (for example) or there is more wastage due to the delivery method and crating, so that the job requires additional product, adding time to the original work schedule plus any warranty issues.
It is essential to keep the customer as far away from becoming involved in the running of a project as possible. Certainly, the client should be allowed to request changes and alterations, and all such variations agreed as such, together with the cost differential if any.
Often, if a client is well versed (for example, an Architect or Surveyor by trade) in the ways of construction, it is all too easy for the contractor to abdicate their responsibilities for the scheme allowing the customer to take over the day to day management of a project, simply because it is the easiest things to do.
This scenario is surprisingly common. For the sake of peace, and to avoid daily changes to a scheme, the landscaper is happy to allow the client to take charge of the job. After all, if the client really knows what they want, and are happy to instruct the team on site, what can go wrong? They will be getting what they want, and should be happy with the end results as they are providing the detailing on a daily basis.
Instead of asking the Contractor to incorporate a statue they bought at auction, or decide to increase the flow rate of a fountain, they simply ask the staff on site to organise anything that is required.
However, at the end of the project, when the final account is to be settled, is when the issues really start to come to light. The client refuses to pay for any extras, because they were only required due to the fact that you were never on site to instruct your staff, or make any decisions, so they were obliged to do your job!
The project overran because of your lack of supervision; materials were never delivered on time and to schedule; your staff did not know what they were supposed to be doing because you were not on site.
Why did you design that border, when I told you that my wife had not made her mind up if she wanted it created. I don’t care what you thought, you should have checked with me first, after all, I am the person who is paying you.
Once you allow a customer to become involved in the practical work of building a garden, or let them instruct your staff personally, you risk serious misunderstandings and problems.
Think and act like Contractors at all times, working with the written word. Work with the old adage ‘If it isn’t written down, it didn’t happen’.
Good will and selling yourself to potential customers is an essential part of our trade.
Keeping tight control on your business is equally essential for the good of all concerned.
Never forget – you are the Contractor. You must control the Contract at all times.