International Door & Operator Industry

SEP-OCT 2018

Garage door industry magazine for garage door dealers, garage door manufacturers, garage door distributors, garage door installers, loading docks, garage door operators and openers, gates, and tools for the door industry.

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16 International Door & Operator Industry™ TOP 10 Brian J. Schoolman is an attorney with Safran Law Offices in Raleigh, NC. Safran Law Offices has focused on the Construction Industry for more than thirty years, and is proud to have worked with and supported IDA from its inception more than two decades ago. For more information, please contact Brian at bschoolman@safranlaw.com, or visit us at www.safranlaw.com. and money on warranty calls then you have budgeted for. 8. The Complaint Box: You can limit your obligations to the customer by requiring the customer to give notice of claims. Your notice requirements can help to manage your future costs of keeping customers appropriately satisfied, while at the same time not costing you more than is expected. If a customer believes there is a defect with the door or operator you've installed, or has a complaint about the installation you've performed, he or she should have to notify you about those issues in a timely fashion. I would recommend requiring notice of a problem within a week of the problem being found – if not an even shorter period of time. Not only do you need to know about alleged defects quickly so you can address them, but if something is wrong with such large moving parts, the potential for failure and serious damage is significant. If a customer was contractually obligated to inform the door dealer of a problem but did not do so, the law may not hold the dealer responsible for the damage. 9. Dispute Resolution: No one wants to get sued and no one wants to have to sue a customer in order to get paid. However, sometimes things turn sour and the dispute breaks out. When that happens, you want to have already established in your contract whether that dispute will have to be heard in court or in arbitration. If you do elect for arbitration, you can mandate the use of the American Arbitration Association ("AAA"), another dispute resolution organization, or you can have a private arbitration. Additionally, you may want to require mediation as a first step before your customer can sue or demand arbitration. 10. Indemnify Me: One danger members face is that in going onto another person's property to perform work, the member is risking something will get damaged or someone will get hurt in the course of the work. That may be the result, for example, of pre-existing conditions (such as an older home), or of people coming onto the worksite. Because the dealer cannot control the jobsite at a home as easily as a commercial property, it is that much more important to state in the contract that the customer will be responsible for pre-existing conditions and for keeping unauthorized people away from the work area. In closing, I would add one more tip about contracts. I have had several clients tell me they didn't want to have a long contract because they were afraid it would scare off customers. While a residential job doesn't require the same level of detail as a federal project, I would always recommend a member make his or her contract as detailed as it has to be to serve the member's interests. Having too much in a contract may make it scary to some customers. But having too little will be even more expensive to your business in the long run. LEGAL&LEGISLATION Continued from page 15 TOP 10 1. Name That Project 2. Know the Chain 3. State the Scope 4. Time & Date 5. The Price is Right 6. When the Money Flows 7. Warrantying your Work 8. The Complaint Box 9. Dispute Resolution 10. Indemnify Me Clauses for Your Contract Contracts 16 International Door & Operator Industry™ Quick Recap! Quick Recap!

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