For this week’s Guest Post Friday here at Construction Law Musings, we welcome a friend and sometime co-presenter Craig Martin.  Craig (@craigmartin_jd) is a partner in the law firm of Lamson Dugan and Murray, LLP in Omaha, Nebraska. He has a background and experience in all aspects of construction law. As part of his practice he counsels contractors, subcontractors, developers, owners, materials suppliers and design professionals in various construction disputes. He also successfully represents them in both State and Federal courts. Craig’s business goal is to provide cost-effective and distinguished counsel to the construction industry.  Craig also authors the Construction Contractor Advisor blog.

The Florida Supreme Court was recently asked to weigh in on whether the Economic Loss Rule bars an insured’s suit against an insurance broker for economic damages.  Instead of limiting its ruling to an esoteric insurance law question, the Court reviewed its entire history of applying the Economic Loss Rule.  The court reversed its earlier decisions that applied the rule to construction cases and held that from now on, it should only apply in products liability cases. This is quite a change in Florida law and may have ramifications throughout the country.

The Economic Loss Rule provides that a party who suffers only economic injury may recover damages for that harm in a breach of contract claim and not on a tort theory, such as negligence.  The Economic Loss Rule, which started in products liability, has become a fixture in construction cases for decades.  At its apex, the economic loss rule barred all tort claims against an entity with which you contracted.  So, if you had a contract with a subcontractor or an architect, you could only bring a breach of contract claim, not a negligence claim.  And, those limitations of damages incorporated into the contract limited the amount that could be recovered in the breach of contract claim.

Florida court consistently applied the Economic Loss Rule, holding that it barred a cause of action in tort for providing defective concrete where there was no personal injury or damage to property other than the product itself.   See, Casa Clara Condominium Ass’n, Inv. V. Charley Toppino and Sons, Inc., 620 So.2d 1233 (Fla. 1993).  But, over time, the steadfast application of the Economic Loss Rule eroded and cracks in the armor were recognized by the court.  In 2004, several justices on the court supported limiting the Economic Loss Rule to its origins of products liability.  See, Indem. Ins. Co. of N. Am. V. Am. Aviation, Inc., 891 So.2d 532 (Fla. 2004).

It took, however, until 2013 for the court to recede from its prior rulings applying the Economic Loss Rule to cases other than products liability.  Now, in Florida, it appears that the Economic Loss Rule will no longer prevent parties to a construction contract from lodging tort claims against each other and seeking to recover tort based damages, like consequential damages.

As always, Craig and I welcome your comments below.  Please subscribe to keep up with this and other Guest Post Fridays at Construction Law Musings.

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This last topic is the subject of a recent study and subsequent e-book (appropriately titled Online Marketing for Professional Services) from Hinge Marketing. The study and the book focus much attention on the changing marketing landscape for professional services. It has many of the usual calls to action relating to the use of blogs, websites, social networks, and other Web 2.0 (or is it 3.0) type marketing. Where the book differs from many information services on the supposed marketing “goldmine” that exists in the Cloud is that Hinge at least tries (and in many cases succeeds) in putting solid reasoning and even empirical study to the topic. The book is essentially a report on a study of high producing professional services firms (though no law firms) with large employee and revenue bases.

Without rehashing the entire book, the folks at Hinge put together a compelling case for being not only online but actively so. The point to everything from the fact that potential customers and employers will use Google, Facebook and the like to research potential candidates for employment/services to the fact that those just slightly younger than me grow up in a digital world as reasons to have a presence on the World Wide Web. Refreshingly, and unlike many pushing the case for social media, Hinge does not abandon the face to face contact piece that I believe to be crucial to marketing my solo construction practice.

While the study is great, my first thought was does it apply to me and the other solo or small firm lawyers that need business and growth as much as these larger firms? In short, does the web hold the same growth potential for us as for those firms that can dedicate staff (not to mention money) to the tracking of SEO and other metrics? Refreshingly, the book does have some nuggets for us pluggers.

As the fact that I’ve been blogging here at Construction Law Musings for over 4 years can attest, I find blogging to be rewarding on many levels. Aside from the pleasure and the fact that blogging keeps me up on the construction law landscape, any online “hits” I receive are from my construction law blog. For this reason, the mantra of consistency and enjoyment found in the book hits home.

I also appreciate the fact that Hinge treats the online piece of a marketing strategy as the first step in the “closing” process.  Representing contractors (or any client with a legal issue) is a face to face sort of thing.  While a blog and/or active presence on LinkedIn or Twitter can certainly get a potential client’s interest, the fact remains that a smile and a good solid “off line” relationship makes for a happier and longer term client.  In short, to market your practice, you have to be online, but you have to be more than that and Hinge accepts that fact.

In sum, the book is a good one.  Unlike many I’ve read, Hinge takes an almost scientific approach to analyzing the use of the web for marketing and concludes that a good, judicious use of the Cloud is a necessary though far from complete part of all professionals’ arsenal.

I recommend that you read the book and would love to hear your thoughts.  Did you find pearls of wisdom?

Please join this conversation and add your experiences with Web 2.0 with a comment below and subscribe to keep up with this and other Musings.

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Negotiation Cartoons: Positions Vs. Interests (Photo credit: jonny goldstein)

Ever since I read the two articles referenced in last week’s Musings, I have been thinking about how I as a Virginia construction attorney can be part of the solution.  Then, fortuitously, my good friend and ubermediator, Victoria Pynchon (@vickiepynchon), dusted off her Negotiation Law Blog to discus 10 Reasons To Negotiate Instead Of Suing The Bastards.

As always, Vickie has insight into the minds of those in conflict (she did write The Grownup’s Guide to Conflict Resolution (somehow I ended up with a blurb) and Success as a Mediator for Dummies).  Ms. Pynchon, a wise lady who has assisted and inspired me as a mediator finishes her recent post with:

My best advice? Negotiate the resolution of the dispute yourself even if it requires you to swallow your pride and to be the first one to say, “let’s sit down and figure out how best to serve your interests and mine at the same time.”

While I always recommend that you get in touch with your friendly neighborhood construction attorney early in the process (where he or she can be of most help), this is not always the situation.  Problems occur out of the blue.  The best of construction projects takes the fast elevator to Hades and disputes occur.  All is not lost and litigation is not inevitable.  Involvement of experienced counsel can (and in my mind should) help avoid forcing a judge or arbitrator to decide your fate.

While the negotiation and eventual settlement of a dispute may hurt a lawyer’s bottom line (thus the common thought that attorneys (even construction litigators like me) will always push to run up the bill by avoiding such a result), the wise construction lawyer sees that control of the process and the use of negotiation leads to a happier client and more likely a repeat one.  In short, the “counselor” aspect of a lawyer’s job description is as important as the other aspects.  Far from clogging up the process, a good construction lawyer will streamline the process and help resolve what is in many cases a no-win (financially) situation and help get to the best resolution of your dispute.

My recommendation (aside from reading Vickie’s post) is to get the advice of an experienced construction attorney (whether a solo practitioner or a lawyer at a firm) and at the very least use that advice to get as much lemonade from the lemons that got you into your dispute in the first place.

I would love to hear your responses whether they be positive or negative.  How do you feel about the debate relating to the involvement of lawyers in the construction world?

For more on this debate (attorneys in construction) check out my buddy Craig Martin’s (@craigmartin_jd) recent post.

As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings.

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There have been many discussions lately regarding the Northland Pines challenge to the LEED certification of its high school facility recently rejected by the USGBC, notably at the Builder’s Counsel Blog and at the Green Building Law Update.  You can check out the Green Building Law Update link for the entire group of documents that the challengers used in their appeal.  The rejection was not the end of the road, however.  The challengers have appealed the ruling and issued the following statement on June 5, 2010:

What is all the ruckus about Northland Pines?

In 2004, the voters of Vilas County Wisconsin voted to approve the sale of
$28,535,000 worth of bonds to finance a new High School for the Northland Pines
district.

The appellants in this case all served on the Building Committee for the new school
and each brought specific talents and experience in design and construction of large
buildings. Each was dedicated to the proposition of creating the most efficient
structure possible.

The design team and school board discouraged any outside input and set forth to
design and construct the school as they saw fit.

As the design developed, the appellants questioned whether the facility would
indeed meet the prerequisites for LEED® Certification and were told that it would
despite what appeared to be glaring shortfalls with respect to these requirements.
The appellants retained the service of two highly regarded consulting engineers to
review the plans. Both of them determined that the facility as designed would not
qualify for LEED® Certification.

In December 2008, the appellants filed an appeal with the USGBC challenging the
award of the Gold Certification given to Northland Pines. Some 16 months later the
appellants were notified that the USGBC had looked into the matter and found
everything to be fine. They based this on reports from two more consulting
engineers who said that the building did not meet the prerequisites but concluded
that “pretty close” is close enough. When the appellants’ engineers asked for the
back up data to the USGBC reports, they were told that they were pretty busy and
would address that request when they have time. Time has passed and the
requested materials have not been forthcoming. Why?

On behalf of the taxpayers of Vilas County who would like to know with certainty
whether they got what they paid for or not, we ask the engineering community to
look at this file and tell us, did we miss something here? How can it be alright to
certify a building that doesn’t fully comply with the rules set forth by the body that
is doing the certifications?

We would love to hear what you think. We are only in search of the truth which
ultimately will be what is best for Northland Pines.

The challengers also cite to a report from a consulting engineer that the USGBC hired to help respond to the challenge that stated that certain prerequisites were not met.  The report concludes that the building should remain certified because it achieved enough points regardless of missing some of the prerequisite requirements.   Essentially, the report concludes that the building was close enough to meeting every requirement and therefore the challenge should be denied.

What do you think?  Is “close enough” a good standard on these appeals?  What about the potential issues for contractors who build to plans that do not meet the prerequisites but a building is certified only to have a justifiable challenge be upheld?  Let’s discuss.

UPDATE:  The USGBC Response can be found at the Green Building Law Update.  Please check it out here.

As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings.

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Your contributions of time and insight continually hit the mark and add variety and expertise to this construction law blog that I otherwise would have been unable to provide my readers.  I have no doubt that your contributions increase the interest level and by extension the subscriber base in a way that my solo contribution could not have achieved.  I have also greatly enjoyed getting to know each of you better through your writing.

So, without further ado, THANK YOU for all of the discussion.  Your additions to the conversation here at Musings (ranging from the art of blogging to pay if paid clauses to photography and great IPad apps) keep things fresh and fun.

To those that have contributed in the past, don’t hesitate to contact me if you are interested in becoming a repeat contributor.  If you are new (and not a ghost writer fishing for a forum), please check out the guest posting guidelines and let me know if you have something you’d like to contribute.

Once again, thanks for all of your contributions and I look forward to further collaboration.

As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings.

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Shasta Dam under construction, California (Photo credit: Wikipedia)

Much discussion has hit the web recently regarding the role that construction lawyers have had relating to the construction industry.  Unfortunately, most of this discussion has focused on the negative aspects of lawyer involvement in construction contracting.

A recent Viewpoint article in ENR magazine opines that much of the delay, expense and other issues plaguing complex construction projects are attorney related, if not caused.

That article concludes with the following:

As if there weren’t sufficient risks already inherent in the business of bending nature to our will, we have added a new, highly potent risk: The risk that the other party to our contract has better lawyers than we do. Is the American construction industry better off for that? I think not.

In doing so, the author, a PE, throws us attorneys under the bus for creating a toxic environment in which attorneys (not those on the ground managing the projects, contracts and payment streams) cause the delays, undocumented changes, economic issues with subcontractors, and the other myriad issues that at times plague the Murphy’s Law ruled world of the large commercial construction project.

My friend, fellow construction lawyer, and co-presenter at the first Green Matters conference, voices another negative, though slightly more measured, discussion of an attorney’s role in a construction project.  In his post at the Lien Blog entitled Are There Too Many Lawyers in Construction?, Scott (@scottwolfejr) takes a different angle.  He discusses the fact that construction law has been around for a long, long time and that it has become more and more complex.  This complexity leads to more attorney involvement, and likely more complexity.  His opinion on this point is summed up as follows:

Modern construction law will not sentence contractors to death. However. . .  it may metaphorically kill the contractor or the contractor’s business with the weight of its complexity and fairness.

Scott then goes on to state some ways by which the little guy can level the playing field against the larger and better funded (read lawyered up) companies.

I recommend both of these pieces for your reading.

As someone that represents numerous smaller construction companies here in Virginia, I feel the pain of those on the ground and those with payment issues when they are faced with the daunting task of collecting money to which they are rightly due.  However, I believe that the early involvement of good construction counsel can stave off many of the issues that arise simply through the better drafting of contracts and proper conduct of business.  In many instances, the failure to consult a construction lawyer (as opposed to the involvement of one) causes more issues than involvement of a lawyer would have.  Furthermore, attorneys can assist in the early resolution of construction related disputes without the need for trial.

While there may or may not be too many attorneys entering the practice of law on a yearly basis to sustain the legal profession properly, this general topic is one for other blogs and outside the scope of this construction law blog.  That said, most of the construction attorneys that I know truly seek to assist their clients to make money and run profitable enterprises.  In short, and despite the all too common view of the non-lawyers in the industry, consulting with an experienced construction attorney before a problem occurs is a great way to avoid all of the problems that the above referenced opinion pieces discuss.

What do you think?  Please let me know by comment.

As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings.

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Contracts (Photo credit: NobMouse)

If you have spent significant time in the construction business, you have encountered instances where (i) your construction contract has been breached, (ii) you have not been paid, and (iii) you need to file a mechanic’s lien. Some basic business practices, however, will help ensure that your lien rights are maximized and your claim preserved. Consider these points:

The best way to avoid contractual pitfalls is to consult with an attorney knowledgeable in the construction field to assist you in drafting a contract that fits your particular area of the industry and protects your rights. Once your contracts are properly drafted, the enforcement of your lien rights becomes an uncomplicated task.

The Virginia mechanic’s lien statute allows a contractor to file a lien only for unpaid amounts accrued within 150 days of either the date of the lien or the last day of work performed on the project, whichever is earlier. The simplest and most effective way to avoid losing valuable receivables is to apply payments to the oldest invoice first, thus pushing the receivables closer to the end of the project.

Notify any mechanic’s lien agent listed on the building permit and send collection letters at 30, 60 and 90 days from the time you are owed the money. The mechanic’s lien statute requires that you file any memorandum of lien within 90 days of the last day of the last month in which you performed work or provided materials. Having a 30-60-90 day system will act as a set of reminders to keep you from missing this important deadline.

Mechanic’s liens can be expensive to enforce. Regardless of the amount of the lien, enforcement involves a circuit court lawsuit against all parties who have an interest in the property on which your construction was performed.

Remember also that a lien is not the sole remedy– a simple breach of contract suit, alone or in concert with the filing of a mechanic’s lien memorandum, may be enough to force payment. The process need not be scary so long as you enter into well drafted contracts, use proper office business procedures, and consult with an attorney experienced in the filing and enforcement of mechanic’s liens to determine the best course of action.

These are just the basics.  Remember that your case is unique and the facts can and will change the general considerations.

UPDATE:  On July 1, 2013 your mechanic’s lien form will need to be updated.  I will post the changes as we get closer to that date.

Please join the conversation with a comment below.  Also, please subscribe to keep up with the latest Construction Law Musings.

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For this week’s Guest Post Friday here at Construction Law Musings, I welcome back a good friend of the blog, Brian Hill.  Brian helps people to achieve more from less in the areas of construction quality management, forensic investigation, business strategy and emerging technologies. He is also the editor and publisher of AECforensics.com – a digital magazine exploring the quality and risk management trends impacting the A/E/C (architecture, engineering and construction) industry. For more information about Brian, visit BLHill.info.

First off, let’s get some very important caveats out of the way. I am not an attorney and this article should not be taken as legal advice whatsoever. In fact, chances are that your construction attorney would advise against anything you are about to read. I’m also fairly certain that your insurance carrier would run screaming upon reading this.

My work in construction defect litigation has taken me to Las Vegas on numerous occasions. Since I’m usually there for business, I don’t see the area the way most people do. The glitz and glamour of the casinos seems tarnished at 7:00 in the morning as I’m heading through the lobby, coffee in hand, dodging chain-smoking seniors depositing their dwindling retirement one coin at a time.

Here is a secret: You don’t win big at the slots. In fact, one of the biggest winners in Vegas doesn’t have anything to do with casinos whatsoever. One company is single-handedly transforming this arid business environment into a hub for innovation and economic progress. That company is Zappos.com – a company that generates most of its revenue by selling shoes online.

CEO Tony Hsieh made headlines when e-commerce giant Amazon purchased his online shoe store for approximately $1 billion. The success of Zappos.com comes down to one very important concept: providing the best customer service possible.

What does this have to do with construction?

When you buy shoes, appearance is important, but most important is how they feel. As we all know, shoe manufacturers all have different interpretations of sizes, so it is really crucial to try a shoe on before buying. How do you do that online?

You can’t. There is a very real risk associated with buying shoes online. That is why Zappos.com made customer service the highest priority. If the shoe doesn’t fit, send it back. By making that experience as painless as possible, it mitigates the risk associated with buying shoes online.

When a property owner hires a contractor for a construction project, the stakes are much higher than buying a pair of shoes. No project is ever going to be completely free of defects. Unfortunately, there is a very insidious myth that exists in the construction industry: The One Year Warranty.

You might want to check with your attorney about the “statutes of limitation” or “statutes of repose” in your state. Why? You are probably liable for your work much longer than one year after completion. In fact, a lot of states extend that liability out to 10 years.

So if your warranty is only one year, the only recourse a dissatisfied customer has is to contact an attorney. That presents a “lose-lose” situation for you and your clients.

What if instead, you broke away from your competition and offered a much more substantial warranty? The gold standard would of course be a lifetime warranty, but even a 10-year warranty would be a real game-changer.

And how are we going to afford to offer this?

The real question is, how can you not afford to offer the best customer service there is in this market?

The cost of construction defect litigation is enormous compared to the cost of customer service. Every claim against an insurance policy brings a contractor that much closer to unaffordable premiums or worse, the inability to acquire adequate coverage.

Now consider the lifetime value of a happy customer, versus the lifetime cost of an unhappy customer. The happy customer becomes an ambassador for your company. Their recommendation of your services is infinitely more valuable than any stupid brochure, mailer or Facebook post your marketing department comes up with. The unhappy customer will try to convince every person they know to never hire your firm. Or worse (as in the case of some large homebuilders I have represented), they might even set up entire websites dedicated to pointing out how much your firm “sucks.”

How to implement the best warranty and customer service program in the business

1. The first thing that needs to happen is to get everybody in your company to understand how important customer service is. At Zappos.com, customer service is a core value and comes before everything else.
2. At Zappos.com, every employee (including top executives) is trained and must work as a customer service representative. At the end of the training period, each person is offered a sizable amount of money to quit. Only those who share the core values of customer service stay.
3. Make customer service representatives the heroes at your company. When a representative arrives on site, they should be dressed appropriately, be personable yet professional, and treat the customer with absolute respect. “Wow” the customer.
4. Put your customer service and warranty program in the spotlight in all of your marketing and communications. Shout it from the rooftops. If you don’t blow your own horn, there won’t be any music.
5. There are no stupid or trivial complaints. The little things, like paint blemishes, minor cracks, discoloration, difficulty operating doors or windows, are often the specific complaints that will keep a property owner engaged in a lawsuit. Once the expert hired by their attorney starts poking around, you never know what they’ll turn up – so don’t give them the opportunity.
6. Bonus tips: Schedule follow-up appointments with every client. Send them holiday cards. Start a referral program. Host customer appreciation parties.

Conclusion

I didn’t just come up with these ideas overnight. Everything you see here is something that I have discussed over the years with a variety of people: contractors, attorneys, insurance professionals, judges, mediators, architects, engineers, forensic experts, and accountants. So far, everyone I have talked to agrees on two points:

1. These concepts would absolutely transform the built environment and the construction industry.
2. It will never happen.

Why? Nobody is willing to take the risk.

But then whoever thought that you could make money selling shoes online?

Brian and I welcome your comments below.  Also, please subscribe to keep up with this and other Guest Post Friday Musings.

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ScanSnap S1300 (Photo credit: yto)

Over the course of now over 500 posts and a few years, I have had the opportunity to guest contribute to several sites, among them The Advocate’s Studio and Small Firm Innovation.  I truly appreciate each of these opportunities.

This week, I am lucky to be posting for the fourth time at Small Firm Innovation where this month’s theme is “Spring Cleaning.”  By checking out the theme page at SFI (@sfinnovation if you want to get updates on Twitter), you will see posts about cleaning out everything from your writing to your website.  My post is a bit more “earthly” so to speak.  My theme is keeping up with the clutter.

Check out the excerpt below and then head over to the full post.

This means finally clearing the tall (but of course well organized) stack from the corner of my desk. It means truly looking at the non-client related stuff accumulating in my office and applying the “if I haven’t looked at it in 6 months, I don’t need it” test. It means wearing my trusty ScanSnap scanner to get rid of paper that I am not physically marking up and sending that paper to the cloud (I personally use Clio) and then hitting the shredder after making sure the copies are safely saved and backed up. Getting rid of this physical clutter keeps the mental clutter down and the stress level at a low roar.

While you’re there, please take a gander at my other posts at this great resource for small firm and solo practitioners like me.

As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings.

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For this week’s Guest Post Friday, Musings welcomes Johanna Hoffmann for a second time.  Johanna is a marketing and management consultant to construction professionals, architects and interior designers. Her company, Oomph Group Inc. delivers workshops and webinars in the areas of marketing and sales, human resources, general business and financial management. Oomph programs are accredited for continuing education by leading professional and regulatory organizations. Her newsletter and blog are jam-packed with great business tips and resources and you can follow Johanna on Twitter at @oomphgroup.

With warmer weather and a brighter economic outlook, now is the time to explore opportunities for growth. A marketing ‘audit’ will help take stock of your markets and gather the information you need to create a plan that will help you make up lost ground and move your company forward.

A marketing ‘audit’ starts with a review of the current economic climate, of the opportunities and threats that are present, and of your company’s strengths and weaknesses with respect to the situation.

Begin by looking for significant new developments in the following areas:

●       General economic and industry trends: What are the biggest changes that have taken place in the past couple of years? As a construction professional you are active in the sector that triggered the economic collapse.

●       Beyond a general drop in activity, have other major changes taken place in your market?  New technology or processes; regulatory or legal developments; funding or credit models?

●       Target market trends: Have your clients been affected, and if so, how?

●       Are your target markets still shrinking, are they stagnant or are they growing again?

●       Have your clients changed? Have certain clients gone out of business? Are you getting calls from new types of clients you haven’t had before?

●       Has demand changed? Are regular clients coming back but asking for new, fewer, less or expensive services? Are existing or new clients asking for different services?

●       Competitive trends: Has the competition changed?

●       Are certain competitors gone?

●       Or, have new companies entered the market? Are they bigger and more skilled than yours? Smaller and less sophisticated?

●       Is the market so competitive now that clients can negotiate lower fees?

What is the result of the changes?

●       Sales and revenue: Have your sales & revenues dropped? If so, by how much compared to 2006, 2007, 2008, 2009? Do you know exactly how much revenue you need to replace?

●       Are clients still cutting back and reducing the scope of work on projects? What type of projects and at what stage? All clients, just a few, or a just a certain group?

●       If you’ve had a specific type of client fall-off, have you begun to explore new, replacement target markets?

●       Are you seeing a rebound? Are sales growing? If so, by how much?

●       Are any clients booming?

●       Is there a difference in the work you are doing now? Are you using new technologies or difference processes? Are clients asking for different services or terms?

Are the changes temporary or permanent?

●       Is the situation temporary or are the changes semi-permanent or permanent? If the changes are temporary, when do you expect normal business levels and patterns to resume?

How are you managing the changes?

Look at your company to assess whether you have the financial, professional and human resources to respond to changing economic conditions and evolving markets.

●       Are your current services and project delivery models adequate to changed market conditions?

●       Do you need different skills or special expertise to be able to service markets that have changed, or to tap new, emerging markets? If so, what are they?

●       Do you have skills that are particularly relevant now?

Look at your goals and objectives

●       Are you on track with your mid and long-term plans?

●       Do you have to reassess your goals and objectives because of the changes that have taken place?

●       Where would you like to be one, three, five and ten years from now?

●       Are the changes enabling you to do work in areas or with clients you’ve always wanted to?

Þ    The information gathered so far will give you a very good idea of where you stand. Now you need to take a look at your existing strategy and marketing materials and see whether they’re adequate or whether you need to make changes to adapt to the new conditions.

Is your brand positioning adequate or do you need to incorporate significant changes to:

●       The services your company offers?

●       The solutions and benefits your services provide?

●       Is your value proposition relevant?

●       At the moment, everyone is reassessing their needs and many clients are looking for new approaches and fresh solutions. Are you offering new ideas or just the “same old, same old”?

●       Is your marketing strategy adequate or do you need to incorporate significant changes to:

●       The markets and types of clients you are targeting?

●       The line-up of services you are offering?

●       Your pricing structure?

●       The types of tactics you use to promote the firm and sell your services?

Þ    These are tough questions, but it’s important to take the time to think them through. Your answers will help you identify areas where significant changes have taken place and make it easier to revise your marketing plan and activities accordingly.

Lastly, you need to take stock of your marketing materials and tactics

●       Have you established a marketing budget for 2010?

●       What is the state of your marketing materials:

●       What shape is your website in? Do you have one and, if so, is it up-to-date? Do you need to update or revamp the site?

●       Brochures and other sales collaterals

●       Lawn, hoarding & job signs;

●       Postcards, newsletters, promo letters, e-mail campaign templates, a blog

●       Print, radio, TV & web banner ads;

●       Do you have a defined list of tactics and have you set a schedule for promoting your company, or is it mostly hit-or-miss?

●       Direct mail: unaddressed/zip code-based mail drops, addressed admail, e-mail marketing

●       Advertising: print, radio, TV, Internet banners & pay-per-click

●       Telemarketing and direct sales

●       Networking and referral programs

●       SEO

●       Social media: Facebook, Twitter, LinkedIn

Please comment below with your thoughts on how you can use these tips to grow your construction practice as a lawyer or contractor.  Also, please subscribe to keep up with this and other Guest Post Friday Musings.

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