As a homeowner who does a wee bit of DIY – I’m a fan of Holmes on Homes…when I can bear to watch. It’s an hour of a professional contractor fixing the godawful, so-called “work” of other contractors. Everything from plumbing pipes running on the outside of the wall to nails driven through substandard wiring.
And, frequently, the home owners have already paid the shoddy contractors huge amounts of money…and/or are facing a lien or lawsuit. After all, “We did the work!”
Well yes, indeedy. They did the work. And, yes, the homeowners have walls/heat/electric light/running water. Never mind that the walls are dangerously leaning, the heating fan is installed backwards, the electrical wiring is a fire waiting to happen, or the waste water keeps on running into a big pool around the foundation.
In addition to being grateful I’ve not had to deal with such nightmares, I find myself getting embarrassed for the contractors. It’s even more embarrassing that they don’t seem embarrassed…in fact, don’t apparently see anything wrong. Hey, we did the work! Pay us! (This embarrassment hang-up is also why I can no longer watch I Love Lucy, as fondly as I remember the show from growing up. Painful!…but I digress.)
Unfortunately, this slovenly “I did the work, man” mentality can be found in any industry or job. It’s why so many web site designers, programmers, attorneys, ad agencies (and yes, consultants) get a bad rap. They often deserve it.
So, if you plan to hire any kind of contractor (including a marketer), keep the following in mind:
1. T&M contracts. These shouldn’t be open-ended. Tie time (and deliverables’ quality) to payments.
A friend of mine is still trying to extricate herself from a carpenter’s greedy clutches at her vacation home…since he just keeps going…takes forever to actually finish anything…the place keeps getting messier…and she’s way too nice to flat out fire him. (She also has nothing in writing.)
2. Retainer contracts. This is how I typically work with clients, but I also lay out specifics of what I’ll do and key deliverables. For new clients, I put in a kill clause so they feel comfortable they can fire me at any time, with a bit of notice (never happened, but…)
3. Work product ownership. Any work done for you for pay is yours. Period. If the contract isn’t written that way, find another contractor.
4. (Really) check those references. Certainly, people aren’t going to give you the names of unhappy customers, but make the calls and ask the (right) questions, such as “What happened when there was a problem?” or “How did they notify you of issues?” or “How did they handle bug reports?” The mark of a true pro is what he or she does when there’s a screw up, not when things are running smoothly.
4.5. Google the contractor. Go deeper than the first page. I’ve found pending lawsuits for supposedly reputable consultants.
5. NDAs. Never assume that because the work product ownership is covered, your IP is protected. Get the NDA signed before you start sharing. (There are standard boilerplate forms readily available on the Web, if you need one quickly.)
6. When in doubt, have your (vetted, reputable) attorney review. For that matter, even when you’re not in doubt, even if it’s a “simple” contract – especially if you’ve never worked with the contractor before. Nasty bits can be buried in those there fores and whereas (including the contractor owning your stuff…such as web site domains and code.)
“What could possibly go wrong? They seem like such nice people!” are words that tempt the Gods. That’s why we have contracts. Contracts often won’t prevent problems (or prevent shoddy work) but they can help set parameters that’ll make the other party behave (or at least think twice before they start making threats.)