Thanks You. We ended up giving it to someone else.

From: Baird Standish
Sent: Friday, May 25, 2012 6:26 PM
To: Restoration and Maintenance
Subject: RE: [sccpartners] Disclosure of Liability

This is a really interesting subject. I have run into quite a few projects where the obvious best bet would be to rip it all out and start over. But many times, after explaining to the potential client that there is basically a snowball's chance in you know where that we will deliver a perfect restoration, I find that the client fully understands, can't pay for a full replacement and I can usually give them a pretty good idea of what the limitations of our work will be. If we then come to a verbal agreement on that. I will write up a clause that says that we will perform work on a best efforts basis and I will list all of the things that can go wrong. I will go so far as to say that xyz (some incident of imperfect restoration) WILL happen and we will make best efforts to minimize those situations. so far I haven't had a problem with the projects I have undertaken on this basis.  But I've walked away from a number of projects where the client doesn't buy in. These kinds of projects are like experimental medical protocols.  
I used to be on an institutional review board at a  children's hospital where we would approve last chance experimental procedures for saving a life. They often don't work but sometimes do and there is never an alternative. The parents always agree to these procedures but the warranty, so to speak, doesn't leave much hope. I'm not suggesting that a contract's language always have to be so dire, but it shouldn't sugar coat the issues, be overly vague or misleading. I used to have, as an example, a clause in my contracts, borrowed from Maurizio, that said that that polishing will often render a surface better than factory finish. I have since dropped that clause because, although it may be true in certain cases, it sounds too much like a promise and i would not want to explain to a client, after the fact, why it isn't better than factory finish. I would rather undersell and over deliver  One thing to remember is that we didn't create the problem and are there to assist in correcting someone else's mistakes, abuse etc. Not necessarily true for the installer who is held to that perfection standard. 
I will say that, in a situation like this where the client insists on perfection and one little slip will screw it up, I would probably walk away.  I would not hesitate to say that some tiles WILL crack and they WILL need to replace or repair those cracks, and then see what they say. 
Happy memorial day. 
B
On Friday, May 25, 2012, stuart rosen wrote:

Steer clear
Red flags

On May 25, 2012 10:41 AM, "Michael and Tammy" <daci6537@comcast.net> wrote:
Thanks
 

Sent: Friday, May 25, 2012 10:26 AM
Subject: RE: [sccpartners] Disclosure of Liability

I agree with Fred ,…. You must weigh the risk and the rewards  …. This project has risk written all over it.  … turn  it over to an installer or someone else

 

 

John E Freitag

Director

The Stone & Tile School

Office 407-567-7652

Cell 407-615-0134

jfreitag@thestoneandtileschool.com

 

schoollogo

 

www.thestoneandtileschool.com

 

 

 

From: Fred Hueston [mailto:fhueston@gmail.com]
Sent: Friday, May 25, 2012 6:54 AM
To: Restoration and Maintenance
Subject: RE: [sccpartners] Disclosure of Liability

 

I wouldnt touch that floor...walk away from this job

On Thu, May 24, 2012 at 2:52 PM, Michael Marsoun <nulifesc@bigpond.com> wrote:


I recommend a clause for binding arbitration in the case of a dispute. Lawyers cant touch it then and that is a big turn off for the types who like to keep lawyers busy.
Sent from my iPhone


On 25/05/2012, at 8:44 AM, "Michael and Tammy" <daci6537@comcast.net> wrote:

John,

This situation is a ceramic tile floor that is buckled. There is lots of pressure in the tiles and I am afraid they may break when I begin to release the pressure by removing the grout.  They have no replacement tiles. And the tile floor is over 20 years old. I have explained my concerns with them. I would just like to get something in writing. To be on the safe side.

 

Thanks Mike 

From: John Freitag

Sent: Thursday, May 24, 2012 5:36 PM

Subject: RE: [sccpartners] Disclosure of Liability

 

Mike ,

 

What type of disclosures do you need. Is the customer looking for a Certificate of Insurance showing you have liability and workman comp?? if so contact you insurance company and have a certificate of insurance issued to your customer.

 

 

John E Freitag

Director

The Stone & Tile School

Office 407-567-7652

Cell 407-615-0134

jfreitag@thestoneandtileschool.com

 

<image001.jpg>

 

www.thestoneandtileschool.com

 

 

 

From: Michael and Tammy [mailto:daci6537@comcast.net]
Sent: Thursday, May 24, 2012 2:11 PM
To: Restoration and Maintenance
Subject: [sccpartners] Disclosure of Liability

 

Does any partner have a  Disclosure of Liability form for a customer to sign?

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--

Frederick M. Hueston PhD
www.stoneforensics.com
www.stoneandtilepros.com


Recommended stone care products  http://www.stonecarecentral.com

 

Many of my articles can be found at www.stoneandtilepros.com

Listen to my radio show   www.blogtalkradio.com/drfred

office             321 514 6845      

See my specialty products at  www.godrfred.com

 

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PLEASE NOTE OUR NEW ADDRESS AND PHONE NUMBERS.  THE OLD NUMBERS WILL WORK FOR SOME PERIOD OF TIME.
________________________________________
From the desk of
Baird Standish
Managing Partner
Facility Specialists, LLC
15 West Highland Ave.
Philadelphia, PA 191118
Phone: 267-331-5369
Fax: 267-331-5771

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