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The PA who wants some of the action
This thread has 71 replies. Displaying posts 31 through 45.
OP | Post 31 made on Thursday January 17, 2019 at 11:53
Ernie Gilman
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Fins, those are among the many objections to this plan, but I LOVE the idea that it's illegal to compensate her. Would the concept be that she can't legally be compensated because she's not licensed?
A good answer is easier with a clear question giving the make and model of everything.
"The biggest problem in communication is the illusion that it has taken place." -- G. “Bernie” Shaw
Post 32 made on Thursday January 17, 2019 at 12:26
Trunk-Slammer -Supreme
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On January 17, 2019 at 11:53, Ernie Gilman said...
Fins, those are among the many objections to this plan, but I LOVE the idea that it's illegal to compensate her.

Well, it IS illegal to pay her as put forth.

A possible work around is that you put her on the payroll, or pay her via 1099 as a subcontractor.

If she is likely to get you more business, I would try to accommodate in some legal manner.

To me, the easiest way is for her to require a cost plus from the client, but naturally she doesn't really want this, because the client that is already paying her, will likely fire her for doing so (you both lose).
Post 33 made on Thursday January 17, 2019 at 15:25
Fins
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On January 17, 2019 at 11:53, Ernie Gilman said...
Fins, those are among the many objections to this plan, but I LOVE the idea that it's illegal to compensate her. Would the concept be that she can't legally be compensated because she's not licensed?

If CA has a license for what we do, and if you have one (I assume both to be yes), then call the licensing board and ask them.
Civil War reenactment is LARPing for people with no imagination.

Post 34 made on Thursday January 17, 2019 at 17:00
Rob Grabon
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I'm sure the tax guys would like a 'tip' about here business too.
Technology is cheap, Time is expensive.
Post 35 made on Thursday January 17, 2019 at 20:07
roddymcg
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On January 17, 2019 at 15:25, Fins said...
If CA has a license for what we do, and if you have one (I assume both to be yes), then call the licensing board and ask them.

CA has the C7 license for low voltage contractors, I had one when I lived out west. I was never in this position luckily.
When good enough is not good enough.
Post 36 made on Friday January 18, 2019 at 07:56
highfigh
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On January 16, 2019 at 13:52, Ernie Gilman said...
I would not have been called by the client because the client was just moving into town and didn't know anyone here. As far as I know, the GC and Interior Decorator were brought on by her, too.

That's the kind of situation where the person (GC, usually) who brings in a sub charges their percentage. The Interior Detonator didn't have to call you- she could have called anyone else.

I would not be happy to do this as it will introduce a delay in payment. It's an intriguing idea, though.

Define the payment schedule at the outset- that way, any delays can be subject to a penalty.

A major thing that she has overlooked is that she really doesn't want paperwork on all this, but if I'm going to pay her something, I'll be demanding an invoice from her for every payment. I'll also be requiring that the client knows about this.

Boo hoo. If she wants to be in charge of who does what, she needs to be willing to do some paperwork. If you state that you want payment within ten days of the invoice being received, the 'recipient' should be determined beforehand.

That brings up another can of worms: does the client know that she's doing this with other people she has "brought on board"? As a moral issue, do I have a responsibility to tell the client? To rephrase slightly, when you see a client perhaps being cheated, do you tell the client?

Depends- if you speak with the homeowner and discuss things having to do with that project, you could slip comments in about other projects where charges were added- if they aren't in favor of it, it's up to you to determine whether their relationship with the detonator is important to the homeowner, not. If they really like the detonator, the charges may be reversed but if the detonator is a vindictive bitch, they may go after you for lost business.

You might want to discuss this with the desecrator, to find out if the charges were approved by the homeowner. It's a common thing for a GC to do and she's not one of those, although 10% seems high- I don't know if it's typical in CA.
My mechanic told me, "I couldn't repair your brakes, so I made your horn louder."
OP | Post 37 made on Friday January 18, 2019 at 13:05
Ernie Gilman
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On January 18, 2019 at 07:56, highfigh said...
That's the kind of situation where the person (GC, usually) who brings in a sub charges their percentage. The Interior Detonator didn't have to call you- she could have called anyone else.

No, she didn't. That's why she didn't. Instead, the client's PA (That does not mean Pennsylvania), whom I met no a previous job at a client who was my client before she was his PA... she's the one who called me.
Define the payment schedule at the outset- that way, any delays can be subject to a penalty.

Right.
Boo hoo. If she wants to be in charge of who does what, she needs to be willing to do some paperwork. If you state that you want payment within ten days of the invoice being received, the 'recipient' should be determined beforehand.

I suspect she wants to avoid the time and cost. It's totally a non-business-like reason, I'm sure.

Depends- if you speak with the homeowner and discuss things having to do with that project, you could slip comments in about other projects where charges were added- if they aren't in favor of it, it's up to you to determine whether their relationship with the detonator is important to the homeowner, not.

Again, the PA, not the inferior defecator.

If they really like the detonator, the charges may be reversed but if the detonator is a vindictive bitch, they may go after you for lost business.

She would be completely lost as to how to do this. Plus, it would reveal details she'd rather just keep quiet.
You might want to discuss this with the desecrator, to find out if the charges were approved by the homeowner. It's a common thing for a GC to do and she's not one of those, although 10% seems high- I don't know if it's typical in CA.

This is definitely the right idea.
A good answer is easier with a clear question giving the make and model of everything.
"The biggest problem in communication is the illusion that it has taken place." -- G. “Bernie” Shaw
Post 38 made on Saturday January 19, 2019 at 05:14
highfigh
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On January 18, 2019 at 13:05, Ernie Gilman said...
I suspect she wants to avoid the time and cost. It's totally a non-business-like reason, I'm sure.

"I can't go because I'm totally, like, getting a mani-pedi"?

She would be completely lost as to how to do this. Plus, it would reveal details she'd rather just keep quiet.

Everyone knows at least one lawyer- she doesn't need to know how.
My mechanic told me, "I couldn't repair your brakes, so I made your horn louder."
Post 39 made on Saturday January 19, 2019 at 08:22
kwkshift
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I'd say you can pay her a % of the profit, (10%), but she's also getting a 1099.
Post 40 made on Saturday January 19, 2019 at 11:20
Hi-FiGuy
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Ernie,
Let us know how it turns out.
Do they speak English on What?
Post 41 made on Saturday January 19, 2019 at 12:46
TimmyS
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A "Finder Fee" for a paying client client about $100 for a bigger project (no hang and bang) might be acceptable. If they want 10% they need to do all the design work and specification if they expect to get paid as a commissioned salesperson. Oh and 1099 for sure.
www.SorrentinoDesignGroup.com

Under Construction....
OP | Post 42 made on Saturday January 19, 2019 at 14:54
Ernie Gilman
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On January 19, 2019 at 11:20, Hi-FiGuy said...
Ernie,
Let us know how it turns out.

I'm definitely waiting for her to bring it up.

I'm imagining something like this:
You've brought this up before and I've had some time to think about it and look into it.

My first reaction is that if some of the money that I bill goes to you, then you need to write me an invoice for it so my tax paperwork can show I don't need to pay taxes on those amounts. Otherwise I'll be paying income tax on money that's going to you. And you'll be getting a 1099 from me.

Next, you don't want me to change my rates. That means that I'll have one client from whom I earn less money than all my other clients. The actual result of that is that ALL other clients are at the top of my list except for this one. If it were you, would you respond equally to all clients?

The law is pretty hard to interpret on this, but it might be illegal. If you have a contract with the client that says you hire me and you tell me what to do and you charge the client an amount that's a fixed percentage of my billing, then that's okay. And that might no be okay since you don't have a contractor's license.

A major part of that last bit is that the client needs to know an authorize that you are getting payment as a part of what is paid to me.

End of statement. That's how I'm rehearsing it, but it would probably come out a bit more friendly than that seems.

In the commercial work I do, everyone recognizes that the GC has no idea what I'm doing. There's no way he knows enough about it to tell me when to do different things, and he doesn't know what needs to be done. So I'm hired by the client separately from all the other trades. My interaction with the GC is to work with his schedule and do things in a way that doesn't delay the project. The GC does not earn any money in this situation because he's not doing anything except be open about his schedule... which he has to do anyway.
A good answer is easier with a clear question giving the make and model of everything.
"The biggest problem in communication is the illusion that it has taken place." -- G. “Bernie” Shaw
Post 43 made on Sunday January 20, 2019 at 13:09
highfigh
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On January 19, 2019 at 14:54, Ernie Gilman said...
In the commercial work I do, everyone recognizes that the GC has no idea what I'm doing. There's no way he knows enough about it to tell me when to do different things, and he doesn't know what needs to be done. So I'm hired by the client separately from all the other trades. My interaction with the GC is to work with his schedule and do things in a way that doesn't delay the project. The GC does not earn any money in this situation because he's not doing anything except be open about his schedule... which he has to do anyway.

The bold part is what I'm dealing with at a home where I'm working- the guy doing the carpentry/cabinet install decided to say that he thinks the cable will be visible over the TV in the kitchen, so it should come up inside of the dead space at the corner. That means the new Granite counter will need a hole and some kind of grommet, at the corner, where there's almost no material between the corner and the edge. I want to bring the HDMI cable down from the upper cabinet to the TV and bundle it with the power cord because the power cord will be visible, but the HDMI is much thinner and I was planning to use vinyl dye to make both white. I told him that the hole would need to be slightly larger than the HDMI plug and he said he thought I would be using coax, then he said "Oh, I didn't know you were using that kind of cord".

I almost came back with "But that didn't stop you from opening your yap, did it?".

The TV is 1.5" short of the bottom of the upper cabinet- if the TV is behind the corner where the cabinets meet, the only way it will be visible is if the person's line of sight is 49" +/- about 2". Any higher or lower and it can't possibly be seen.

Putz.
My mechanic told me, "I couldn't repair your brakes, so I made your horn louder."
OP | Post 44 made on Sunday January 20, 2019 at 21:44
Ernie Gilman
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On January 20, 2019 at 13:09, highfigh said...
I almost came back with "But that didn't stop you from opening your yap, did it?".

Yeah, that never helps. It's the fuel of many an adolescent dream comeback, for which see reddit's "MaliciousCompliance" section.

Instead, something like "We need to be sure we put in the right stuff on this installation. I'm surprised that you didn't know what kind of cable we'd be using. I DO know, and there are a lot of other details about present-day TVs that you might not know. I think I should be making the decisions about how to wire things."

That won't be welcomed, but it's rational and it states the issues rather than slapping the guy.


The TV is 1.5" short of the bottom of the upper cabinet- if the TV is behind the corner where the cabinets meet, the only way it will be visible is if the person's line of sight is 49" +/- about 2". Any higher or lower and it can't possibly be seen.

Putz.

Well, yeah, unless the household members are all four foot one.
A good answer is easier with a clear question giving the make and model of everything.
"The biggest problem in communication is the illusion that it has taken place." -- G. “Bernie” Shaw
Post 45 made on Monday January 21, 2019 at 10:07
highfigh
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On January 20, 2019 at 21:44, Ernie Gilman said...

Instead, something like "We need to be sure we put in the right stuff on this installation. I'm surprised that you didn't know what kind of cable we'd be using. I DO know, and there are a lot of other details about present-day TVs that you might not know. I think I should be making the decisions about how to wire things."

If you knew the guy, you wouldn't be surprised. He seems to like sticking his nose in places where it doesn't belong.
That won't be welcomed, but it's rational and it states the issues rather than slapping the guy.

If the cabinets were in place, I could show him very easily why his idea isn't a good one but I have met an incredible number of people who can't visualize this kind of thing. I could bring coax up and mount the cable box to the backside of the TV, but if it comes from the corner of the counter top, it will be more visible from more locations than if it comes from the upper cabinet and is bundled with the power cord. |

Well, yeah, unless the household members are all four foot one.

The husband is over 6' and the wife is about 4'-10".
My mechanic told me, "I couldn't repair your brakes, so I made your horn louder."
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