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Archive for Commercial

Don’t charge ahead of the Inspector’s inspection

Sometimes contractors think they know what inspector’s will approve only, to be proven wrong. Over the years we’ve learned to appreciate inspectors. Here’s an example of why you don’t want to let contractors charge ahead of the inspector’s inspection.

On one one of my projects, plans called for the electrical subcontractor install electrical conduit and floor outlets in an existing concrete slab. In a meeting, the subcontractor, Tony, admits he was late scheduling the inspection. It means it’ll be another two week before the inspector comes out, creating a delay.

To stay on schedule he says, “I’m going to have my guys go ahead and patch the slab so we can keep moving.”

So I ask, “What’s going to happen when the inspector can’t see the conduit?”

“Don’t worry about it,” he says, “I know the guy; it won’t be a problem.”

We monitored the installation. We knew it was installed per code, but the city inspector has the authority to reject installation. And I’ve met with enough inspectors to know not to assume anything so I say, “Look Tony! You can patch the floor if you want, but you’re doing it at your own risk. The owner won’t pay for you to redo it, if the inspector doesn’t approve it.”

Tony agreed. Because he was was moving so quickly, I wrote him an email that same afternoon summarizing our conversation and agreement. Then I rescheduled the flooring installation to happen after the inspection.

A couple of weeks later, the three of us met on site for the scheduled inspection…

Everything went fine until the inspector saw the new conduit floor patch, and that’s when he said, “Tony, I can’t tell what kind of conduit you installed.” Tony tried, to explain, “We were in a hurry Joe. It’s 3/4″ conduit per code, like we do everywhere. You know our work.”

But Joe stuck to his guns. “Things have changed, and I can’t see it. You’ll have to cut it out and reinstall it, so I can see it,”.  Which is exactly what Tony had to do.

A couple weeks later we had the inspector back out after Tony ‘s guys reinstalled everything, and he approved the installation. Then we patched the floor and installed the flooring.

Tony couldn’t have been more wrong. He had to fix redo that work or we would not have gotten the occupancy permit, which would have delayed the re-opening.

If we had agreed with the subcontractor and approved patching of the floor, we would have been responsible for the cost of redoing that work.

The subcontractor didn’t like it, but because he agreed to charge ahead of the inspector at his own risk, he had to pay for it when it was not approved.

Always wait for the building inspector to complete their inspection before proceeding. There is much more information in Construction Conductor about inspectors, what they look at and when to use them.

Major cities often have in-house inspectors, which can lead to longer lead times due tot eh limited number of inspectors. Cities too small to have in-house inspectors, use companies like Bureau Veritas to support the building department. Contact the building department in your city for more information on your project requirements.

How much contingency should you budget for your project?

Contingency is a part of the budget set aside to cover possible project problems.

Generally, contingency is there to cover ‘unknown conditions’ or conditions that could not have reasonably been known.  Unknown conditions are a fact of construction and there is really now way to completely avoid them, contingency prepares you for them.

How much contingency you put in the budget depends on how much you know about the project, the age  and construction of the structure, and what you can find out about what you can’t see. In new-construction, the unknown condition is generally underground.

There are ways to prepare for these problems:
In remodeling projects, the original plans or some selective demolition can help you find out what is behind walls, underneath floors, and above ceilings In pre 1970’s homes and buildings you might have paint and pipe insulation tested to ensure they do not contain lead or asbestos.

In new-construction, you can have the ground scanned with penetrating radar, and have bores dug to test and investigate what’s underground. All “unearthed” information can help lower the contingency, though a discovery may also increase your budget.

So, how much should you include for contingency in your budget?

I’ve heard so called professionals say, “Include 50% more than what you were thinking your project should cost in your budget for contingency”. Those people are basically pulling that out of… somewhere.

Professionally recognized cost estimating books, tell you contingency should be between 5% to 15% country-wide, though there are exceptions.

The amount of contingency a given project needs depends on how complete and thorough the planning process was, and how many changes an owner makes during construction. The best laid plans are often thrown off by changes. When owners create a thorough and complete plan and don’t make changes during construction contingency is rather predictable.

In my book, I include a table for knowing how much contingency the average person needs on the average residential renovation and new construction project. Here is copy of that chart and information on how to read it:

No Information With As-built drawings With Investigation & Testing
New-Construction

15%

N/A

-5%

Renovation

15%

-5%

-5%

 
Example: Renovation, No As-Builts, Investigated and Tested
                         15%                – 0 %                          – 5%                           = 10%
 

The top row is project information, the left column is project type. Start with the second “No Information” column and select the project type row 15%. If you have a renovation project and you have the most recent construction drawings or “As-Built Drawings”, subtract 5%. If you have completed non-destructive, destructive and testing as-needed, subtract 5%. The remaining amount is your estimated contingency.

You can see from the chart and the example that the more information you have on the project the less contingency generally needed. Use this chart on your next project to help you estimate the amount of contingency you need.

11 questions to ask before signing with a contractor.

Before sending out your bid package, talk to multiple companies to get more information about each.

Give each contractor a quick call to conducting a short phone interview as you connect, or you can choose to include a questionnaire as part of a simple interview process. It’s up to you, as it is truly a matter of comfort. If you have a lot or contractors to talk to it is easier to compile the interview questions into a single document that you can ask all of the prospective bidders to fill out and return, than it is to spend a lot of time talking on the phone to each one.

Get to know each contactor by asking them some questions. Here is a list of question that you should ask in order to decide if you want to send a contractor your bid package:

1.   How many years have you been in business?

You want to know how much experience the contractor has.

0 – 3 years can mean the contractor is really new to the profession.

4 – 6 years and they should have some good experience under their belt, but there are still a lot conditions they have never encountered.

7 – 10 years; most conditions are old hat and something new is usually nothing to worry about.

+ 10 years and they are well seasoned and have seen just about everything there is to see.

2.   How many years of experience do you have in the construction industry?

You want to get an understanding of how skilled the contractor is beyond the existing business. More years of experience in more parts of the construction industry means the more they will recognize each aspect of the job and better respect for the needs of other trades.

3.   How large is your work crew and how many are permanent employees?

You want to know how much of the work the contractor expects to handle with their own crew. The more work they do themselves the more they have control over the quality of work activities. The more they outsource, the more opportunity there is for miscommunication and poor coordination.

4.   Which trades does your company typically subcontract?

You want to know how ‘involved’ the contractor intends to be in the actual labor. Are they handling the transitions? If so, they may be better able to actually see if there are quality problems. Are they outsourcing or subcontracting out most or all the trades on your project? If so, they may not be watching closely enough to spot potential problems.

5.   Do you require a deposit and if so, how much and what is it used for?

You want to know how financially solid the contractor is. Do they have the resources to mobilize and start construction, or ‘do they need a deposit to get started’ or ‘to buy materials’? If they can get going without an ‘upfront’ payment then they are more financially solid than if they need a deposit. I seldom recommend giving the contractor a deposit, but even I do acknowledge that there are times when doing so can be helpful.

6.   What is your current workload?

You want to get a feel for how much attention the contractor can give your project. The fewer their staff and the more projects they’re working on, the more you should be concerned they can’t focus long enough to quickly knock out your job.

7.   Do you use project schedules to help manage your projects?

You want to know if this company is organized. The more organized the contractor is, the less you’ll have to worry about. It doesn’t mean you won’t have to worry about anything; you’ll still need to inspect your project. The more disorganized the contractor the more likely for there to be problems, delays and the higher the price tag.

8.   If we select you, with your current workload when would you be able to start our project and how soon could you finish?

Here is where you just flat out ask them about their production ability and if they could handle your job IF you select them. You want to see if their time frame fits with your planned schedule. Plus, if you select them this gives you some good contractual start and finish dates that the contractor has voluntarily given you.

9.   Can you provide references and pictures of similar work you have completed?

Of course you always want to check up on their work. So asking for references should go without saying, still it is important to ask, so we include it on the list.

10.   Are you interested in bidding on the project?

It may seem funny, but I find that this is a useful question to ask. Occasionally you’ll find a contractor that actually doesn’t want to give you a bid. When you meet that contractor, they will usually let you know right away. It happens for various reasons which we’ll have to cover in another article. The point is that if they do not want to bid the project, don’t take it personally. Be grateful that you know right away. That way you can just move on and you don’t have to spend any time chasing them for a bid you were never going to get.

11.   We checked and noted that you have a ____________ rating with the Better Business Bureau, can you please explain the reason you think you have this rating.

Of course, if the contractor in question is not even listed with the Better Business Bureau, then you don’t even need to worry about asking this question. However, if you checked and you find that a contractor has a bad review or bad rating, ask them about it. Anyone can have that bad experience that follows them for far longer than they’d like and contractors are no different. Maybe the company was victim of a psychopathic ex-employee, an unusually difficult situation, or maybe the bad rep is for a very good reason. You won’t know if you don’t ask.

I’ve grown to appreciate Inspectors.

I don’t know about anyone else, but mention an inspector and my first reaction is cop!  In my many years in the trades I’ve come under the scrutiny of different inspectors plenty.  I really had to grow a lot not to take them personally.  Imagine that, someone with the audacity not to accept judgments made by me.

On the road to here… I’ve felt picked on, and nitpicked; subjected to egos, attitude and politics.  In the end I came to the conclusion, that they weren’t here to work against me ‘ but to provide a service for the public.  At this point, tough doesn’t bother me as long as the inspector is consistent.

Without inspectors, the public is left to believe whatever the developer/contractor wants to tell them.

Property inspectors are very crucial at this time with an uncertain market many juicy foreclosures and a lot of pitfalls without safety nets.  A property inspector could  bring real sanity to a new buyer who is reaching without contingency, as to the actual condition of water heater, furnaces and appliances etc.

That’s just 1 example,  but inspectors provide a valuable service and deserve a thumbs up!

Don’t Pay Contractors Up Front!

I am constantly hearing stories that galvanize me to my cause.

The other day, I was talking to a client who told me this….
My client’s elderly mother wanted to have the exterior of her house painted. So she contacted a local painter who had come somewhat recommended, and asked him to come take a look and please give her a price. He gets there, they meet and talk and he says it will cost $3000, and we need to have half up front. She asks for references, which he gives her. She calls them to inquire, to which they apparently tell her the guy is great. She meets with him and says she can pay for it all up front, and Apparently, he says “No, No half is fine”, but she insists. So he walks away with the $3000. A few days goes by and ‘mom’ calls him to find out what’s going on, and he tells her he is getting materials together, and then he never shows up to do the work. My client ends up having to chase the contractor down, files a complaint with Better Business Bureau, and takes him to small claims court. After months of time and despite their win, the guy is still out there doing business and has yet to pay the money back. The money… Gone. The time… Gone.

This is the kind of story that you hear from time to time, that I hate to say I could have saw coming. Sure they can press on, spend more money, more time. Get an attorney; go back to court; get an injunction; pay the sheriff to go collect and on and on…

The real lesson is this: Keep the money in your pocket until the work is satisfactorily completed. Remember, money equals incentive. If you have the money, the contractors’ incentive is to get it from you. Some may try to talk you out of it, most will work for it, many will work both angles to some degree. The bottom line here is that maintaining control of the money will help ensure you maintain control of the project. Generally speaking, if you give up the money, you give up control. If you absolutely feel you must pay the contractor something up front, my suggestion is to limit it to $1000 or 10% of the contract amount; whichever is less.