Q & A Table of Contents
I'm Stuck With A Client Who's Disorganized
From: Okey, Lagos, Nigeria
Question: I'm a building contractor working for a female client who does not know what she wants concerning the features of her proposed building. I'm tied with her ever-changing plans and ideas on the project. I want to negotiate myself out of the project without halting her. We did not sign any legal documents.
Response: If you do not have a contract, what you may need to do is create a document that you find favorable which describes the scope of the work, pay issues, and other elements of a business deal with which you would be happy.
You need to think about your interests in the situation. If your top priority is to end the relationship, you need to consider the impact of that event on your professional reputation. It may help your reputation to end this project -- or it may indicate to other clients that you may walk away in the middle of the construction process.
Once you have a clearer idea of your fundamental interests, you will be better able to draft a document that outlines how you want the current project to go forward. Tell your client that in order to protect yourself from legal liability as well as to establish a mutually beneficial relationship, you need to have her sign the document. Clearly one of the elements of the document should be a section that makes her liable for a penalty if she asks for changes in the building plans or process.
If you offer her a fair contract with which you can live, if she is not willing to sign it, you need to have a sense of what kinds of liability you might face if someone else completes the building -- and does a bad job. If the building collapses, even if it is your successor's fault, it may end up causing you problems. If your current client refuses to sign, will that please you or create problems? What if she wants to change elements of the agreement -- how will you react to proposed changes?
You need to think about how much time remains on the project for you. How quickly can you finish? Would it make sense to send the client on a holiday for two weeks at your expense just to get her out of your way and make it possible to complete enough of the job so her next set of change orders doesn't create significant problems?
The problem you describe may sound simple, but it is complicated by issues of your professional reputation, potential legal liability, financial exposure and other factors. Once you have developed a clearer sense of your own priorities, you are more likely to be able to arrive at a solution that helps you achieve them.
Good luck,
Steve
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