Handy Man This part II

Franchised Home Improvement Companies, i.e. Handyman ‘THIS’, Handyman ‘THAT’ Part II
by Mantych Electric, Inc. on 30th May 2010 View all blogs by Mantych Electric, Inc.
PART II (Taking up where Part I left off)
“Oh Yeah!“ If you have one of our coupons we can further save you some money! ! !” Most of the Handyman Companies offer coupons in their advertising. The handyman will now, supposedly after the fact, ask if you have any ‘promotional coupons’. Surprisingly, if you do not have a coupon, he supplies you with one, enters the appropriate ‘deduction’ in the space provided on the estimate form and further reduces your costs. Boy! What a deal you are getting. This company is the greatest. More smoke and mirrors, but in truth, when the handyman is given the price over the phone the coupon discount is already figured in. Now Phase II is really complete and you are convinced more than ever this is the company which you should to do business.
Next, the handyman provides you with a list of materials that will be required for your project. He tells you he will be glad to go and procure the materials as to insure the proper materials are purchased and to expedite delivery. Remember, in most instances, materials are not part of the Handyman Company’s quote. The ploy here is to get the project started as quickly as possible. Although you have signed a contract, many states have laws to protect the public when a contract is signed at a residence. In most cases one has up to three days to cancel. Also by starting the project as quickly as possible, it is less likely their quote will be shopped or through conversation the customer discovers they may get the work completed for a lower price by a reputable locally owned company.
Now that you have assigned the project to Handyman This, Handyman That, let’s review what you are receiving for your hard earned money.
First, let’s look at what specifications and conditions you are agreeing to:
I. Services Provided By Contractor
A. The Craftsman performing the services under this contract
1. Is not authorized to perform any service beyond what is identified on the face hereof.
2. This includes additional future services without the written consent of Handyman This, Handyman That.
3. Any agreements beyond the face hereof to circumvent Handyman This, Handyman That will subject the parties to legal prosecution.
This guarantees Handyman This, Handyman That is kept in the loop. Nothing wrong with this, after all, they have spent a ton of money on advertising to get you to call them. However, if you are getting the best deal with Handyman This, Handyman That’s screened, professional, trustworthy and reputable contractors with at least ten years of experience performing the work, why is this a concern?
B. In the event customer requests a different contractor or the specific contractor becomes unavailable for any reason, customer agrees that Handyman This, Handyman That reserves the right to:
1. Cancel this contract
2. Have a new contractor re-estimate the project
3. Present a new contract to the customer
Why would the quote change if a different contractor actually does the work? After all, Handyman This, Handyman That prices by the job and not the hour. If the scope of work remains the same, and the craftsman called the office for a price, why does the project have to be re-estimated and a new contract written? (See Part I for answer to this!)
C. Customer will obtain all necessary building permits
Reputable contractors deal with permits everyday and know the ends and outs of having a permit issued. They can answer the questions which might arise during the permitting process. Depending upon the scope of work this can be a daunting process and better left in the hands of a capable professional. Again depending on the scope of work, a home owner may spend 30 minutes to a couple of days obtaining permits where as a seasoned professional will spend 30 minutes to a couple of hours completing the same task. Makes me wonder why Handyman This, Handyman That wants to place this responsibility on the customer?
D. Proposal is for completing the job as described above. It is based on our evaluation and does not include additional labor and materials which may be required should unforeseen problems arise after the work has started.
This statement is probably true no matter who estimates the project. Sometimes there are hidden ‘land mines’ (surprises) no one can foresee. This is just the nature of the beast when dealing with existing structures.
II. Terms and Conditions
A. Acceptance is conditioned by:
1. Customer’s acceptance of all Terms and Conditions contained in this contract
2. Terms and Conditions shall not be modified other than in writing.3. Signed by an officer of Handyman This, Handyman That and the customer
By having an officer signing any changes to the Terms and Conditions again insures Handyman This, Handyman That is kept in the loop. Again, there is nothing wrong with this and is probably good business. But again, if you are getting the best deal with Handyman This, Handyman That’s screened, professional, trustworthy and reputable contractors with at least ten years of experience performing the work, why is this a concern.
B. Delay in performance – Handyman This and Handyman That shall not be responsible for any delays or failures in completion of the services due to:
1. Any cause or condition out of the control of Handyman This, Handyman That
2. Fire
3. Floods
4. Inability to secure materials
5. actions of the elements
6. nor shall the Contract be cancelled because or as a result of any delays in meeting such dates or schedules. Contracts cancelled after the three day rescission period warrants no return of down payment.
Basically, once the customer has signed the Contract and the rescission period has lapsed and no matter what happens there is very little liability to Handyman This, Handyman That. Oh! What about item six above, thought no down payment was required - Huh?
C. Unforeseen Conditions – again this is pretty much standard procedure no matter who performs the service.
D. Limitation of Liability – this is pretty much a catch-all proclamation saying the most the Handyman This, Handyman That is liable for is to refund the monies paid toward the purchase price. Any materials are the sole responsibility of the owner even if the craftsman damages them.
E. Intergration – There are no understandings between the parties hereto as to the subject matter of this contract other than set forth herein.
What this means is no matter what the customer is told or promised by an officer, secretary, craftsman or whoever the only thing Handyman This, Handyman That is responsible for is what is written in the description of proposal/agreement which is signed by both parties and only covers LABOR.
F. Warranty/Guarantee – Handyman This, Handyman That makes no warranty or guarantee whatsoever with respect to the services provided, except as states in writing in this contract.
1. Handyman This, Handyman That, at it’s sole option, will repair or replace any work which fails due to Handyman This, Handyman That’s defective workmanship with-in one year from the date of receipt of such services.
2. If Handyman This, Handyman That determines that the repair or replacement is not commercially practicable, Handyman This, Handyman That shall issue a credit in favor of the customer in an amount not to exceed the purchase price of the services.
3. Handyman This, Handyman That’s guarantee does not cover the effects of normal wear, tear, deterioration, abuse or misuse.
4. Handyman This, Handyman That’s guarantee does not cover materials.

These terms and condition used where taken directly from a Proposal/Work Order of a nationally advertised Handyman Service.
Seems there is a lot of language to keep the craftsman and customer honest as well as a lot of language relieving Handyman This, Handyman That from almost all responsibility.
The customer has just signed with a company that has truly masked itself in deceit, appearing to guarantee exceptional work with a lot of hype and bells and whistles that mean very little when it comes down to having to back up what at first appears to be a caring, faithful company that acts in the best interest of the customer. The customer has agreed to a price which is at least a third higher and padded to cover hidden costs than he would have gotten from a local non-franchised contractor. Also since the agreement is for labor only the material list furnished by the craftsman is most likely structured to be lavish to cut down on actual labor.
Check back for Part 3 of Franchised Home Improvement Companies, i.e. Handyman ‘THIS’, Handyman ‘THAT’. Going to be looking at the legality of the services offered by some Handyman THIS, Handyman THAT Companies.