|
Liens are an important resource to aide the contractor in securing payment for the work that they perform. Unfortunately, many general and restoration contractors have expressed some reservations regarding using or enforcing Mechanics Liens. As contracts lawyer Ben Cushman, shared in our last video, "Liens are the best security a contractor has for non-payment, and it provides all kinds of strong remedies." The history of Mechanics LiensThe conceptual origin of a mechanic's lien goes back to the early days of the United States. The lien was first developed by Thomas Jefferson to create a landed gentry in the new nation. The U.S. had vast stretches of productive land and a mechanic's lien helped citizens monetize the land and build farms. The lien is called a mechanics lien because construction workers were referred to as mechanics (or people who work with their hands) in those days. This video is one of many questions we asked contracts lawyer, Ben Cushman of Deschutes Law Group, as we sought his perspectives on the importance of Mechanics Liens in the construction and property restoration process. Ben has been practicing construction law for over 25 years, the last 5 of which have been with his own firm based in Olympia, Washington. Mr. Cushman will be joining us for our January meeting of the Fellowship of Construction Knowledge and Entrepreneurial Development. He will help educate our peers on the proper use and execution of liens and attendees of the meeting will benefit from discussing the experiences of other contractors as well. This group is for Pacific Northwest, specifically Washington, based professionals who work in the insurance claims industry (i.e. contractors, adjusters, providers, etc.). MEETING 004
Mechanics Liens resources for contractors:
0 Comments
We sat down with Ben Cushman of Deschutes Law Group to discuss a few quick perspectives on the importance of Mechanics Liens in the construction and property restoration process. Ben has been practicing construction law for over 25 years, the last 5 of which have been with his own firm based in Olympia, Washington. What is a Mechanics LienA mechanic’s lien is a guarantee of payment to builders, contractors, and construction firms that build or repair structures. Mechanic's liens also extend to suppliers of materials and subcontractors and cover building repairs as well. The lien ensures that the workmen are paid before anyone else in the event of a liquidation. Liens are the best security a contractor hasMany general and restoration contractors have expressed some reservations regarding using or enforcing Mechanics Liens. According to contracts lawyer Ben Cushman, of Deschutes Law Group, Liens are the best security a contractor has for non-payment, and it provides all kinds of strong remedies. Mr. Cushman will be joining us for our January meeting of the Fellowship of Construction Knowledge and Entrepreneurial Development. He will help educate our peers on the proper use and execution of liens and attendees of the meeting will benefit from discussing the experiences of other contractors as well. This group is for Pacific Northwest, specifically Washington, based professionals who work in the insurance claims industry (i.e. contractors, adjusters, providers, etc.). MEETING 004
Mechanics Liens resources for contractors
Recruiting and hiring in all industries is an issue and has been for some time. Construction is no different, and specialty industries such as property damage restoration (i.e. water and fire damage insurance claims) it can seem insurmountable. While I recognize these real challenges, I am not hearing many business people or “influencers” speak about the importance of talent retention If you struggle to bring in new recruits, does this not raise the value of your existing labor force?Recruitment for construction has been an issue for some time, it was not created by COVID 19. Obviously, there are elements of the shutdown and responses to this pandemic that have had ongoing effects on businesses. Yet, these difficulties are symptoms of a broader issue rather than a cause. In 2020, prior to widespread news about a new disease or threats of government shutdowns or subsidies for unemployment, the Associated General Contractors of America (AGC) released a report about hiring complications. “More than four out of five respondents to our survey said they were having a hard time filling salaried or hourly craft positions in 2019,” said Ken Simonson, the association’s chief economist. “Nearly two-thirds of the firms say that hiring will be hard or harder this year. In light of those staffing challenges, costs have been higher than anticipated for 44 percent of respondents and projects took longer than anticipated for 40 percent of them. As a result, 41 percent of respondents have put higher prices into their bids or contracts and 23 percent have put in longer completion times.” Most of the commentary that I see on a daily basis focuses on hiring and recruiting. There's not as much discussion on the retention side. I think intentional business leaders, especially those in construction, and specifically in property restoration, need to recognize that many of our hiring processes, pay scales, commission structures, and employee engagement mindsets are outdated. Thought leadership or recycled platitudes?A lot of the perspectives and habits that I come across are still rooted in the same ideologies and practices that I was when I received my start in this industry in the early 2000’s. If you're still running your company on an early 2000s model, it shouldn’t be shocking that you struggle to achieve positive results. As I shared in my final monthly column for Restoration & Remediation Magazine, “Most of what is shared on the socials is recycled or borrowed from others, even the edgy stuff. The recent packaging of ideas is often referred to as thought-leadership, even though most of the content is insufferably platitudinous with few remnants of either element for which is it marketed.” A good example of a leader who has been thinking differently from the status quo recently joined us for The DYOJO Podcast. Tammy Birklid of Merit Construction out of Tacoma, Washington was our guest for Episode 59 (aka Episode 3 of our series Benchmarks of Growth). Tammy shared that her employer, who became a mentor and the person from whom she purchased the company, used to say that his goal was to be, “An employer of choice.” Tammy elaborates on what that has meant for her as a business owner and how she has worked to make this vision a reality. Developing the right mindset and habits for employee retentionI drew some additional insights from Merit Construction for my project management book wherein I also shared a paradigm from Jack Welch, former CEO of General Electric (GE). Jack believed in candor, saying that the best thing you can do for an employee is to tell them where they stand and how they can improve. “Failing to differentiate among employees — and holding on to bottom-tier performers — is actually the cruelest form of management there is.” Quoting from his book Winning, Jack shares his belief in the rule of 20-70-10:
While you would not be alone if you do not agree with this “candid” approach, have you ever stopped to analyze how much time you spend working on issues with your lowest performers? Being clearer with your expectations is an exercise that is beneficial to owners, managers, and team members alike. How much time do you spend in self-inflicted misery wrestling with clients that you should have fired before the job started and lackluster people you should never have hired? I'm not a big fan of the idea of thought influencers. I am a big fan of the idea of thought and I think influence is important. What I am not a fan of though, is having people think for you, and try to influence you towards their perspective. Our motto at The DYOJO is to shorten your DANG learning curve. I think it's important that you don't replace your dang learning curve.
Many well-intentioned business persons are expending a great deal of energy trying to increase the quantity of employees they have (recruitment). If they would take a step back many of them would find that they are doing so to staff service lines that they would be better off discontinuing. I would encourage you to consider enriching the quality of your employee experience (retention). Retention is no guarantee of success. Clarifying what you do (vision), how you do it (values), and who you need to help you accomplish your goals (quality), rather than just the quantity of people you think you need to keep up with your competition, is a fruitful exercise. I have always been amazed at what a small team of people who are committed to each other can accomplish. DYOJO NATION ALERT! Seasonings Greetings "Nation" from the Intentional Restorer. Santa put a note under the DYOJO Holiday Tree and asked that I share it with you. He asked if you have been naughty or nice in 2021? He said you should reward yourself and your key associates with a trip to the USA's #1 Snowbird destination next January 27th to 29th, 2022 America's Sunshine State! If you are an IEP, Remediator, Restorer and/or engaged in the Mold and Water Damage Restoration industry then Deerfield Beach Florida is where you'll want to be the last week of January in 2022 to get educated and network with fellow Mold Assessors and Remediators! A couple of weeks ago I posted a trailer video of the Restoration Global Watchdog telling the DYOJO Nation that THE Florida Mold Conference known as AEML Winter Break was going to be Fabulous and to Be There or Be Square! That video clip was taken from raw footage shot by me and Pete Consigli last 4th of July weekend in South Florida on a road trip after the RIA 75th Anniversary Diamond Convention. Today DYOJO Nation will be the first to preview the full-length movie of the Intentional Restorer and the Restoration Global Watchdog walking and narrating the Winter Break venue at the Deerfield Double Tree Hotel.
IF you are not convinced that being at Winter Break next January is the place to be, then you must like shoveling snow, scraping icy windshields, and bundling up to keep warm from the bone-chilling cold! I'll be there with the Global Watchdog doing a live stream DYOJO podcast from Winter Break, as will Cliff "Z-man" Zlotnik one of the OG's of IAQradio+ and even ISSA Media Director Jeff Cross of Straight Talk fame! Come enjoy the education, networking, and the weather in the Sunshine State the last week of January, like the Restoration Global Watchdog says, "It will be Fabulous, Be there or be Square!". Winter Break Agenda & Speakers
|
Words
The DYOJO - helping contractors shorten Archives
December 2024
Categories
All
EstimatingMarketingInsurance ClaimsLeadership |
||
RSS Feed
|
|
| ||