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October 2020 Te Contractor’s Advantage
www.HarrisonLawGroup.com (410) 832-0000 jwyatt@harrisonlawgroup.com
Transparency Means More
HowWe Define Good Customer Service
that they “don’t communicate.” There is truth in that. Some lawyers take on a case and go dark on their client. I can’t imagine anything more frustrating. At our firm, the lines of communication are always open. We’re here to discuss everything, from what’s happening on the case to what course of action we advise the client to take. While there may be the occasional “lull” in a case, there is always room for communication. The client is always in the driver’s seat; they are fully aware of any risks that may lie ahead as well as the benefits of taking a certain course of action. With such a high level of transparency, the client can make informed decisions. When you get down to it, that is peak customer service. I recently found myself in a situation where I couldn’t make a fully informed decision and it led to frustration. This summer, like so many people, I was at home far more than usual. We were locked down and I was working at the house, so we decided it was the perfect time to make a few improvements on our home. So, we put in a new backyard patio. After the patio was done, we ordered a new outdoor dining set that would complete our look and give us a great spot to enjoy the outdoors. I found the perfect set online and submitted an order. It was only after I made the purchase that we were informed of the “problem.” The dining set would not be delivered for another 8–10 weeks. Up until that point, there had been no indication that
Good customer service can be defined by many different things. For some, it’s all about maintaining a positive attitude. For others, it’s everything that goes into the customer (in our case, client) experience as a whole. The first week of October is Customer Service Week, so I want to talk about what that looks like to us as a law firm. For example, take billing. We bill by the hour rather than on contingency. Contingency-based firms take a percentage of the damages awarded to you; the amount varies greatly. In other words, when you hire an attorney who works on contingency, you don't know exactly how much you’ll end up paying them. Though, if they are unable to secure a settlement or damages, you pay them nothing. Because we bill by the hour, our clients are afforded a high level of transparency. As I work to meet my clients’ goals, they stay informed about every part of the process, including the projected and ongoing cost as much as we are able to predict. Explaining the risks is just as important as understanding the costs. Clients come to us to achieve a specific goal. If they want to file a lawsuit, they may be exposing themselves to further financial risk. As the lawsuit moves forward, different scenarios can play out. The opposing side might decide to play hardball and extend the duration of the lawsuit, which may already be playing out over several months or longer. Years ago, I remember reading that the top complaint against lawyers was
there would be a delay. Now, given the state of shipping in the U.S. right now, I would expect some delay. But a delay of about two months? I wasn’t happy. If I had known, I would have done something different. For me, that was poor customer service. I couldn’t make an informed decision. The good news is that we will eventually have our dining set. In fact, by the time you read this, we may have it set up just in time for fall! That said, I hope your fall is off on the right foot. If you ever have any questions, don’t hesitate to get in touch. The line of communication is always open.
-Jeremy Wyatt
jwyatt@harrisonlawgroup.com | www.HarrisonLawGroup.com | 1
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Chobani’s Secrets for Making Waves in a Sea of Messaging Stand Out
“We’re in this together!”
“Getting America back to work.”
“Stronger together.”
Advertisements on our TV screens, on social media platforms, and in our mailboxes have been littered with these phrases — and many others — during the COVID-19 pandemic. You’ve likely heard the phrases somewhere, but there’s a good chance you can’t place the company or brand that is marketing this messaging. The wrong thing to do during and after the pandemic is remain silent, but it can be just as detrimental to have your message get lost in a barrage of others. So, how do you stand out in a time when everyone is facing the same issue? Try following this yogurt brand’s lead. Taking a Stand Having a great product to offer consumers is one thing, but it can’t do all the talking. Trying to have your product alone do the talking means you’re whispering while other companies are shouting. Chobani has led the Greek yogurt revolution, and it’s continued to outpace its competitors and make big impressions on its customers. But it hasn’t done so with great yogurt alone. Rather, its messaging has led to raving fans. For starters, Chobani reinvented how we think about yogurt. This product has often been seen as the food to kick-start a healthy lifestyle, but Chobani put its competition on blast in a 2016 advertising campaign that highlighted common ingredients in other yogurts that were also used in pesticides and other harmful products. Try reaching for one of those products as you begin your new diet without hearing Chobani’s warning in the background. It did the trick.
Chobani has also created a food- funding program designed to invest in companies that are creating natural, healthy food products for consumers. The company has also invested in its employees. CEO Hamdi Ulukaya has ensured that 10% of the company’s shares are disbursed back to its employees. Ulukaya also founded The Tent Partnership for Refugees organization, which is committed to helping refugees find jobs and get integrated into their host communities. (Nearly 30% of Chobani employees are refugees.) ‘We Don’t Sell Yogurt’ You don’t have to be a yogurt aficionado to appreciate the business finesse and quality character that Chobani exhibits, and you can replicate their methods in your own industry. Find a cause that matters to you. Maybe it’s guaranteeing that no one has to go without heat in their home in the winter, or maybe it’s ensuring tech literacy by offering continued education and training in your community. Whatever it looks like, find a stance that you can take and make it part of your brand. Soon, you’ll discover that your customers are focused on your messages, and you’ll have just as loyal of a following as Chobani.
purposefully reshaping the yogurt and food industry in an effort to create healthier communities and people. Their mission statement even ends with “Real change. Not just ‘checking the box.’” From the beginning, the company’s mission has been to supply the world with better food, products, and communities, one yogurt sale and philanthropic action at a time. Doing the Work You cannot talk the talk before you can ensure that your company can walk the walk. Sending out messages that promise to do one thing and then failing to deliver on that very thing creates distrust with your customers. You have to ensure that you can do what you’re promising you will do before you send the message out. Then actively do it. Chobani demonstrates this by setting an ambitious mission statement to create a healthier product, food system, and world and following that up with a high-quality product and company-led initiatives. It didn’t just highlight the disgusting ingredients in its competitors’ yogurt; it advertised and delivered a product that was free of those additives. Customers could trust that they were receiving the healthy food they expected.
But the yogurt company didn’t stop there. It outright claims to be
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You’re Not Alone Learn and Grow With a Professional Association
Education and Resources Google is great for a quick answer, but when you need to learn something more nuanced, a simple internet search won’t cut it. Professional associations offer tailored, more in- depth help and resources like industry- specific training and webinars, how-to guides, and coaching. From peer advice and education to scholarly studies and reviews, associations act as a library of information for your industry. Networking and Mentorship Why reinvent the wheel when you can adapt it with a mentor? Associations connect you to leaders who have stood where you are standing and succeeded. You can learn a lot from their failures, wisdom, and guidance. You can also connect with peers in your position and bounce ideas off of them. You won’t have to worry about competitors “stealing” your processes, and you have an honest, go-to support
Business is competitive by nature. If competitors didn’t push our favorite brands to be better, they may not even exist. Our technology options would be limited without Apple’s ingenuity. Shipping options would be limited without UPS or FedEx. And access to our favorite athletic gear would be more limited if no one was pushing the top brands like Nike to innovate. Competition fuels our greatest inventions, but behind every great leader or business is a core network of like-minded people and innovators supporting them. Professional associations connect business leaders to fellow innovators in their industry without competition from local rivals. These organizations offer many benefits and little risk to business leaders looking to grow. If you haven’t yet joined a professional association, these three benefits just might get you to change your mind.
team to help you refine them before presenting them to your team.
Personal Development and Growth A business is only as good as the leader managing it, and all business leaders have room for improvement. An association can give you the tools to get there. And as you continue to learn, you’ll discover personal and professional areas that can be further refined. This personal development only makes you and your business stronger. Are you still not convinced you should join an association? Think of it this way: Your competitors could be growing through their involvement in an association while you remain stagnant. Push forward and connect with your peers today.
HAVE A Laugh The Night Martians Invaded New Jersey Orson Welles Recounts ‘The War of the Worlds’
On the evening of Oct. 30, 1938, an eloquent voice graced the airwaves in New Jersey:
“We now know in the early years of the 20th century, this world was being watched closely by intelligences greater than man’s, and yet as mortal as his own ... ” And so began Orson Welles’ classic radio broadcast, a retelling of H.G. Wells’ “The War of the Worlds.” Peppered in the retelling were fictional news bulletins informing the public of an alien invasion. Martians had arrived in New Jersey! Some listeners assumed the news bulletins were the real thing. Frenzied, they called local police, newspapers, and radio stations hoping for more information. The next day, the story broke across the country — newspapers reported on mass hysteria and stories poured out that the nation had erupted in panic. However, as we now know, the extent of the panic was exaggerated. It turns out the person who was the most frightened was Welles himself who thought his career had come to an end.
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Jeremy Wyatt jwyatt@harrisonlawgroup.com www.HarrisonLawGroup.com (410) 832-0000
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Inside This Edition
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What Does Good Customer Service Look Like to You? 2 Steps to Turn Your Customers Into Brand Fanatics Join a Professional Association and See Your Business Grow What Really Happened the Night Martians Invaded New Jersey? 2 College Recruitment Tactics You Can Use in Your Business
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Level With Me: Change Orders and What You Need to Know
The Ol’ College Try How University Recruitment Tactics Can Get You More Customers
tours can offer their expertise with prerecorded presentations.
The COVID-19 pandemic has changed how we do a lot of things, but few institutions have been as shaken by this global event as education. When it comes to college recruitment, universities have had to become creative with their sales techniques for prospective students — and it’s paying off. Here are two pivots universities have made and how you can cash in on the action, according to the American Marketing Association (AMA).
opportunity to improve the design of their materials and mail out more appealing brochures and other packets they’d typically hand out on campus. You Try It: Mail has become more important than ever, but you need to stand out in a direct mail campaign. Play with the design of your typical mailers and consider adapting your e-newsletter to a print one. As Texas A&M’s director of social media Krista Berend explained in a June 2020 AMA article, “Our world is dominated by screens.” Engaging with your clients through the mail that goes directly to their homes — without targeted ads drowning out your message — is a much more intimate way to grab their attention.
You Try It: Part of landing a sale is connecting with your prospective clients. What better way to do that than introducing what you have to offer in a virtual tour? Create a video of your team walking clients through your process step by step and introduce the prospective clients to your team. People do business with people they like, and when you showcase your culture on video, clients will feel that connection, even if they can’t be there in person. Direct Mail Campaigns With more people at home and school platforms converting to the digital sphere, universities have a greater opportunity to directly target students. In the past, mailers would typically hit the junk pile at parents’ homes. However, universities are using this
College Tours Students typically lead tours
throughout the hallowed halls of the university and end with presentations, Q&A sessions, and conversations with experts. Since having to convert to online tours, universities have been able to target a wider demographic. More students can tune into a live tour without having to travel, and administrators and professors who may not have had time for previous
You can learn other recruitment tactics at AMA.org.
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Level With
Me By JeremyWyatt
What You Need to Know About Change Orders and Getting the Compensation You Are Owed
Here's another example: A concrete contractor is hired to do a job in August, but the project gets delayed and the concrete contractor receives a change order to do the work in January instead. Now, the contractor must take on additional expenses to maintain the integrity of the concrete. This may mean adding chemicals to the mixture to avoid premature curing. They may also need heaters and heated blankets to keep the concrete at a certain temperature during the fall and winter months. All of that means additional costs and effort.
Anyone who has worked in the construction industry for any length of time is familiar with change orders, or instructions to do something different or in addition to what you were originally contracted to do. Change orders can range from simple “do this additional work” changes to incredibly complicated impact and delay claims. While change orders are commonplace, problems often arise when it comes to securing proper compensation for the changes in your work.
2. The Cost of Change Orders
1. The Challenge of Change Orders
Over time, the costs add up. Different conditions on the project change your scope of work. Once the scope changes, you expect the compensation to reflect that change. Depending on the project, the change could impact you to the tune of hundreds of thousands of dollars, or more. The problem faced by many contractors is the fact that modern contracts require you to do the additional changed work, but compensation may be based on arcane and difficult-to-follow change order provisions.
Change orders can affect virtually any part of a project. For example, say an electrical contractor is ordered to wire floors 2, 3, and 4. While on the project, a change order comes in from the general contractor: Wire floor 5. This is a simple change order resulting from an obvious change to the scope of work. It’s likely the electrician will be able to successfully bill the general contractor for the change. However, as contractors know all too well, it’s rarely that simple. Other factors are likely to come up over the course of a job. Any given construction project is laden with variables, which result in changes through the project.
To complicate matters further, change orders (and the uncertainty surrounding compensation for them) can lead
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(410) 832-0000
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to more problems than they theoretically solve. This is an epidemic in today’s construction industry, and it can cause a big fight between subcontractors and general contractors on what needs to be paid out and to whom at the end of the project.
We saw many projects get delayed in the spring as communities began to report increased infections. Contractors had to put a hold on their work and the orders were changed as a result. We should probably expect to see it again this fall. Projects must temporarily shut down when someone on‑site tests positive for COVID-19. When that happens, the project lays dormant and you have delays — delays that can last weeks, if not longer. Contractors incur additional costs that must be addressed. You have to find a way to get those additional costs paid so your own business doesn’t take an unnecessary hit. If you have questions about a recent change order or demand for additional work, or you were not appropriately compensated for work completed, please feel free to get in touch at jwyatt@harrisonlawgroup.com or by calling (410) 842-0145 and we can determine the best course of action.
3. What Can You Do?
Here’s what I typically counsel clients to do who find themselves in circumstances where they are worried about doing unpaid change order work.
First and foremost, document everything.
When clients come to me seeking help with change orders, I prepare a letter detailing the change and claim for additional compensation and the client’s expectations of payment while highlighting the part of the contract that entitles the client to additional compensation. With documentation to back up what that compensation should be, along with the work order, we make a demand for payment. In addition, I work with the client to submit everything in a prompt manner. Submitting late requests for compensation on change orders can be the death knell of even a meritorious claim. I cannot stress how important it is to get everything submitted quickly and efficiently. The project does not stop for this kind of paperwork.
This is getting even more important in the context of COVID-19.
-Jeremy Wyatt
jwyatt@harrisonlawgroup.com
www.HarrisonLawGroup.com
(410) 832-0000
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