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Make Sure You Get Paid with Karalynn Cromeens

⏱️ 33:27 🎤 Tyler Campbell, Eddie Campbell, Karalynn Cromeens
AUDIO EPISODE
Make Sure You Get Paid with Karalynn Cromeens
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Chapters

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  • 0:00
    Branded Apparel for Teams
    The hosts discuss Burnprogear.com as a source for branded apparel to help construction teams look cohesive and professional, emphasizing affordability and no minimums.
  • 0:30
    Electric Cranes & Contracts
    The hosts introduce a new 250-ton electric crane from Liebherr and transition to the episode's main topic: how to avoid getting 'screwed' in construction contracts, featuring guest Karalynn Cromeens.
  • 1:11
    Understanding Contract Language
    Karalynn Cromeens introduces her book 'Quit Getting Screwed' and explains the danger of vague contract language, especially clauses incorporating unseen prime contracts, and how they can jeopardize subcontractors.
  • 1:45
    Bids vs. Scope of Work
    Karalynn advises subcontractors to meticulously compare their bid with the final scope of work in a contract, as only the latter is legally binding, and explains the dangers of 'pay when paid' clauses.
  • 2:58
    Schedule & Bond Risks
    Karalynn discusses the importance of scrutinizing project schedules due to delay damages and warns about the true nature of subcontractor bonds, which are not insurance and require personal guarantees.
  • 4:12
    Exclusions and Termination
    Karalynn clarifies that bid exclusions are not legally binding in a signed subcontract and explains the risks of 'termination for convenience' clauses, which allow general contractors to end agreements without cause.
  • 4:46
    Principle vs. Business
    Karalynn advises against pursuing legal battles 'on principle,' emphasizing that it rarely leads to smart business decisions and can be financially detrimental, advocating for negotiation instead.
  • 5:19
    Negotiating Fair Contracts
    Karalynn encourages subcontractors to understand their lien rights as a key leverage point in negotiations and to diligently follow contract terms to avoid disputes and ensure payment.
  • 6:06
    The Megaphone Question
    Karalynn urges the construction industry to clarify expectations, negotiate fair subcontracts, and stop driving small businesses out of operation due to exploitative terms.

Speakers

T
Tyler Campbell
Host
E
Eddie Campbell
Host
K
Karalynn Cromeens
Attorney and Author

Key Takeaways

✦

Always review the final scope of work in the subcontract as if it's a new bid, because your original bid exclusions or inclusions may not be legally binding once the subcontract is signed.

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Be extremely cautious with 'pay when paid' or 'pay if paid' clauses; understand that these clauses can force you to finance the project and may leave you unpaid if the owner doesn't pay the general contractor.

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Do not sign a subcontract that incorporates the 'prime contract' by reference without first obtaining and thoroughly reviewing the prime contract itself, or at least a redacted version.

✦

Treat subcontractor bonds not as insurance, but as a personal guarantee; understand that if a claim is paid, you will be required to reimburse the bonding company, putting your personal assets at risk.

✦

Scrutinize the project schedule in your subcontract, as it dictates delay damages; always get changes to the schedule or additional time for change orders in writing and signed by both parties.

✦

Prioritize negotiation over litigation 'on principle'; legal battles are costly, time-consuming, and rarely result in a net gain for small businesses, making negotiation a more pragmatic approach.

✦

Understand and utilize your mechanic's lien rights as a subcontractor; this is a powerful leverage tool against the owner and general contractor if payment disputes arise.

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