A positive spin

Another great comment to the post I made earlier today.

I to have long time clients like he is describing and am very grateful for them.

He is extremely fortunate to have the respect of the community he lives in.

And yes humility is the key to many, many things. Well put. Thanks.

See below.



"Throughout history the land surveyor in many communities was one of the most respected individuals in town. I can only relay my experience:

I am in a small town that occupies a valley that actually holds 2 small towns within it. My father and myself have been practicing here for the last 40 years. Everyone in town knows us and most value and seek our opinion on land issues. We are not always busy. However we always make time to "babysit our clients". The perceived value in a survey to a client is not in the presentation of the plat or monuments. It is found when you take care of problems that the title company finds. Forewarn them of possible issues if they proceed with a bad plan. Handle the title company and or attorneys for them. Do the paperwork for them.

It is always the little things. Clients can't read plats (for the most part); and don't know why the "bars are set there". So it is the overall service experience that you give them that garners respect and recommendations.

Sometimes clients get turned off by presentation. If you come driving up in a pretty truck with brand new equipment, do the job and hand them a bill; it don't matter if the invoice was for a $1. The perception is that they are paying for your pretty stuff. And they resent it. Humility is also key. If you have to tell people you are smart; they perceive you to be ignorant and insecure.

just some thoughts... "

Why are we surveyors???

Why are we surveyors? I often ask myself that question.

As a business owner I carry a significantly higher amount of liability than the big company project guy or a government employee.

While there are plenty of positive reasons to be a surveyor below are a few on the negative side.

*Surveyors are often looked down upon by other professionals such as engineers.

*We are the first ones to have the finger pointed at when something has gone wrong on a job site and have trouble defending ourselves because no one understands what we do.

*We are generally expected to be clients babysitters.

*Some surveyors put themselves in a position of extreme liability without even knowing it.

*Our services are rarely appreciated.

*Our peers under value themselves therefore driving fees into the ground.

*Big companies rent a crew out for next to nothing and make up the cash flow on engineering.

*Because of the stuff listed above, in order to survive we are unable to charge what we are worth.

*Unfortunately this list goes on and on and all of it is our fault.

Let’s face it; our product is one of the most non-desired out any service based business out there.

When was the last time you were at a party and you over heard someone saying how they just got a great deal on a land survey, or hey I just got some extra money, I am going to get a land survey, screw the flat screen or how many of you told yourself when you were kids “wow when I grow up I want to be a land surveyor”?

I have learned throughout the years that the way to make money is to concentrate on quality and service. Focusing on money causes one to lose money.

I am a firm believer that as a business man I must give a person more value for their dollar than what they paid.

Now here comes the big question: How in the bloody hell do I do that when the client is actually resentful of the idea of having to retain me?

I guess what I am trying to say is, that we are in a business that if anyone could live without it, they would drop us like a hot rock.

Now I will tell you why I am a land surveyor.

I am a land surveyor because I walked out of school and went to work as a chainman. I did that for about a year then moved up to the T2 and the distance meter. I was a crew chief by 23. I have always been a little ahead of the game in that I watched all of my friends and acquaintances struggling with bad jobs and never make any money. Frankly I hated the idea of living like them and liked that I always did better.

In hindsight I do wish that when I was younger I had tried the struggle of my friends and experienced different things.  I could have always come back.

Now here I am 26 years later, I own my company and I have gone as high as I can go in this profession. There is nothing else unless I go into the politics of it and that will never happen. Maybe academics??

I have started and been involved in several companies outside of surveying, some have done well, others have tanked. I am in the process of putting together 2 more companies as you read this.

I have been saying it for years and I will say it again. Land surveying is a great job if you are worker bee but a lousy business.

All that said, while I am in this particular business I intend to work my ass off to help make things better for the independent surveyor, the small business owner. You are the ones that have to eat the most shit and it is time to stop.

I will be discussing this matter in detail starting this week.

Research

I had a little free time the other morning between meetings and did this.

Most of you know this stuff but some of the youngsters and people in other counties may not.

Another awesome comment

Earlier in the week I made a post about educating the youngsters is the real way to change things.

The person that made the comment below takes it to the next level.

Thank you so much. This is what I am talking about regarding all of us getting on board with the common ground of surveying and accountability. It all starts with people saying these kinds of things. Truly Awesome!!

He starts out by referring to the Idaho code of ethics I posted yesterday.

See below.

"Personally I like it. APLS should adopt something like this in a timely manner. Then we can discuss adding it to the Minimum Standards.

It has been my observation. That many of our fellow registrants; whom are perceived as doing sub-par work. Are doing so because they lack support. Who do they turn to when they have a question? Are they intimidated by their peers?

Well here is a shocker.. They fail because we allow them to. We know who they are and yet we allow the behavior. BTR complaints won't do it. Education will. I don't know why there is a bunch of poaching going on in the valley. However whom ever is doing this needs to realize that are not helping. They are deepening the divide. We have got to start educating our profession. AND YES, some people have to be told to. Education is the key... and it is the only answer no one wants to hear... "

Politics

First a brilliant post from earlier today. Thank you anonymous. You are one awesome person!! I am going to print this and leave it next to my monitor.


"We need to treat our fellow Land Surveyors as peers and not competition. When that paradigm shift happens the communication follows. This is not about pride, honor, riches, or faith, individually. It is about professionalism. One bad example taints us all. We must rise to the occasion; or we will surely fail."



Now this:

 I am going to tip my hat to all of you guys that are involved in the politics of Arizona Land Surveying.

On top of trying to survive in the current economic condition you are out there working for us (hopefully). In reality being slow does give one more time for such things.

I am having a hard time deciding if you are gluttons for punishment or have a strong stomach. I personally think glutton.

If you genuinely want to improve things for us then I have respect for you.

If you have a partisan personal agenda you can shove that up your ass.

As stated earlier today this will be the last political post and the post below this will be the last super controversial post.

I love some controversy as it grabs viewers, but screw that.  

This stuff is way too heavy for me in that I stopped thinking on a technical level years ago and now I only think on a business level.

I have learned a lot about the political structure in the last few months and I am of the opinion that there are more like minded than opposed minded in our profession. At least the eternal optimist keeps me thinking that.

From here on I am only going to write about business and surveying and most aspects involved in both. While I do have strong opinions and ideas politics are out.

I hope you will still follow as I am going to be doing a lot of fun stuff. More video, interviews, stories etc.

I also want to encourage all of you to participate, share your opinions and stories. We all have the common ground of surveying and some of us share the business ground. So let’s encourage that common ground and see if we can create some unity and good examples for all.

I will leave this post with the following, below is the Code of Ethics for the Idaho Society of Professional Land Surveyors. This is written by surveyors for surveyors. (FYI only costs $100 a year to belong).

Preamble: The surveyor is to uphold the honor and dignity of the profession and in keeping with high standards of ethical conduct:

• Will be honest and impartial and serve with devotion his employer, clients, and the public.
• Will strive to increase the competence and prestige of the surveying profession.

Will use his knowledge and skill for the advancement of human welfare.

The Surveyor shall act for each client or employer as a faithful agent or trustee. The Surveyor will not accept remuneration other than his agreed charges for services rendered for his clients. The Surveyor will not pay commissions in negotiating for surveying work, nor solicit work on a contingency basis. The Surveyor will not attempt to supplant another surveyor after definite steps have been taken towards his employment. The Surveyor will not compete unfairly with another surveyor by taking advantage of a salaried position. The Surveyor will not advertise or make public statements in a self-laudatory manner. The Surveyor will not attempt to injure the reputation, prospects or business of another surveyor. The Surveyor will not engage in the review of the work of another surveyor for the same client, except with knowledge of said surveyor, unless such services have been terminated. The Surveyor will not associate in the conduct of surveying with others who do not conform to the basic principles of this code. The Surveyor will not engage in any practice which will tend to bring discredit or dishonor to the surveying profession.

Total Lack of Communication

I had to let this one sit for a few days before I wrote about it due to my complete disillusionment and anger.

All last week I have watched everyone go back and forth about communication which I think is the key to common ground. Keep it up.

I love what Mr. Epperson said about us being unable to force anyone to do anything. Perfectly put, none of us can.

So here it is. I got a frantic call from a friend of mine that is a very competent and ethical surveyor informing me that he has been turned into the board by another surveyor. I take this as no surprise as there seems to be witch hunt on and proceed to listen. The more he gets into the story the more I realize what sad state things are in amongst surveyors.

What occurred is my friend surveyed a piece of property for a long time client that wants to get an easement released and join it to his property. My friend did the preliminary boundary work and set 2 corners in a preempt to the assemblage. It turns out that there is question to some underlying rights of the easements and he advised his client to consult an attorney for a proper interpretation and ask advice on how to proceed. (Note: The client has been working this out with his attorney). This particular project has been sitting dormant for 120 days +/- with my friend in contact weekly with his client.

Well, along comes another surveyor who did not survey this property but merely saw my friend’s caps, looked it up and realized nothing has been filed.

This particular surveyor never called my friend and is in the process of turning him with a long list of allegations and then proceeded to my friend’s client’s house and in person showed him the letter that he will be sending to the board.

Needless to say my friend’s client was incredibly off put by this action and immediately informed my friend what is happening.

Now it is my opinion that said particular surveyor has placed himself in an extremely liable situation in that he has defamed my friend to his client and is therefore placing a shadow of doubt in the clients head and has possibly harmed future business deals.

This goes back to the question of who defines completion of a project.

If this particular surveyor had bothered to pick up a phone and find out what is happening it would have saved a whole bunch of time, avoided turmoil and avoided the good tax payer cost to have the already overloaded board review.

Now I am going to tell you what I would do in this case if I was the defendant.

1)      Upon receipt of the letter from the board I would immediately have my Warlord of an attorney write a letter to the board in my defense.

2)      Have my Warlord of an attorney compose a letter to this particular surveyor demanding a letter of retraction to the board and a letter of apology to my client and give them 10 working days in which to comply.

3)      If the particular surveyor declines to do so I would immediately have my Warlord of an attorney begin a thorough asset research of the particular surveyor.

4)      Upon receipt of the particular surveyors net worth report I would immediately have my Warlord of an attorney file a defamation of character lawsuit for damages in the amount of said net worth plus 50 percent against the particular surveyor.

Would this suck? Absolutely, but it would be unavoidable.

I am really bummed out about this sort of thing occurring. It is causing me to re-think my choice of career. The stuff I have learned since starting this blog is frankly upsetting.

I honestly believe that my friend has done nothing wrong. The only thing I would have done differently is hold off setting anything until the lawyer figures it out.

Last week someone put this on Topica.

 “I don't care what the BTR says; I will conduct my behavior in accordance with the highest level of professional standards possible. This would of course include contacting any person whose work product I do not understand. Not to do so would be removing myself from the level of "professional".

This is a very profound statement and outlook, Thank you sir.

I have always operated outside the politics of surveying and will continue to do so. I am going to have one more post on political stuff and then that’s it. I am finished. I will only speak of business and surveying from here on.

Future Generations

First I want to thank Mr. Fondren for asking the Topica guy to let me back on and to thank the Topica guy to let me back on. Very cool.

Topica guy, I hereby retract the comments I made about you. It was the wrong thing to do and I can never justify the action, I can only move forward.

I have been watching the back and forth about ethics and communications regarding the BTR.

I will tell you that I agree with Fondren and Epperson the most.

Regarding changing the behavior of surveyors, it is my personal opinion that in order to do so we have to impress upon the young future generations of surveyors the principals in which to adhere to.

Let’s face it. A lot of guys 40 + are completely set in their ways and are unwilling to change for any reason and probably will not.

So let’s take a moment and ask why? Why is because a lot of people of my generation and older lack the ability to be open minded and lack forward thinking, they only care about how they think it should be done and to hell with everyone else.

I personally think that by conducting ourselves as a professional and educating the youngsters in 5-10 years things can be formatted in such a way that most will be happy.

If the young people coming into the job see that it takes a certain amount of education on surveying and ethics to become an RLS it will automatically be passed down and therefore accepted as the norm.

Right now none of us have to do anything except pay our firm branch and license renewal in order to keep our license.

I am personally really bad at professional development therefore I am going to get licensed in Idaho so I have to have credit hours every 2 years. I am literally forcing myself into professional progression.

Arizona has an extremely fragmented survey community that operates on a rogue basis. What we need is some unity and cooperation not only for structure at the BTR but to set a standard for pricing, conduct and appearance and a lot more.

Educating the youngsters is the key. Those of us that are forward thinking and open minded need to lead by example and impress that education.

In this new society it our responsibility to make this profession appeal to the youngsters. If I were a young guy just coming into this job and saw how fragmented it is I would run.

Young people want a structured career that will pay them well where they can advance. What are you doing at your company or organization to make it happen?

Panel 101

A little fun we had today.

Disclaimer: There is absolutely no profanity or anything offensive in this video, just 2 surveyors doing stuff.

Enjoy:)

Correction: The phone talks to the controller through blue tooth not the gps.

A posted comment

 

This person made a great comment that I can tell came from the heart. Thank you anonymous poster.

I do agree that housing is a long way off, but keep your eye on other sectors.

See below.

1 comments:

Anonymous said...

I hope & pray that 2011 is a much better year for all of us and the beginning of a "turn around" for the entire economy. I know all too many Surveying and Civil Engineering Companies, which were once very busy, have now shut their doors - and most are pretty much one man shops & working out of their garage - if at all. I personally feel that the Metro Phoenix area will never see (at least) the construction industry building at the pace it was in (say) 2006 - before the real estate bust. I have never been unemployed and began working at 16 - by the way, yes, it's time for my sports car... Let's hope Mr. "RJR Survey's" is absolutely correct. I'd love nothing more than to see a 30% increase in everyone's workload. Lastly, remember, we are worth much more than we are currently billing out for. Kindest Regards, Anon...

January 11, 2011 5:52 AM

Indemnity

Since we are currently living in a period of finger pointing mostly because people have little to do, surveyors have had to tighten up on their protection. We are also living in a time of slow pay clients which is a nightmare for small business.

In the trend that I am now starting to see turn around my clients that were Net 10 went to Net 30-45, my clients there were Net 30 went to net 60 and the clients that were Net 60 went to net 90.

Let me tell that was a long adjustment period, however I am starting see payments 10 days +/- earlier, so that is good news.

Surveyors have always been the first to be blamed in any situation. I personally think it is because we fail to take enough time to put the responsibility back on the client and we end up being baby sitters. There are many other reasons but this one jumped into the brain.

Below is a simple document I use in my contracts. My warlord of an attorney wrote it and as you will see it is geared toward keeping me safe. Pay close attention to the indemnity section.

If anyone viewing this blog wants to use it or part of it please do.

I am going to ask for input on this topic. I would love to see what everyone is using to cover them selves and really want opinions on the matter, so please speak your mind and please post your contracts in the comment section.

This is something that we in the private practice of surveying should be more diligent about. If we could get some uniformity then we would be safer as a whole and look a lot more professional.

The days of the good ol boy hand shake is over. It kind of bums me out.

Please see below.

Oh!! Be sure and tune in later in the week. I am going to attempt to load short tutorial video of some field procedures.

TERMS: PAYMENT DUE UPON COMPLETION. 

No Third-Party Beneficiaries:  This agreement will not be interpreted as creating any right or benefit of any kind or nature whatsoever in any third party or class of persons who are not parties to this agreement or who are not expressly designated in this agreement.  Furthermore, no non-party will have any rights as against R.J.R. Surveys, Inc. or its affiliates with regard to this agreement or any services performed pursuant to this agreement.

Waiver of Jury Trial; Damages Limitation; Attorneys Fees:  The parties waive any right to right a jury trial, treble damages, consequential damages, and punitive damages.  The prevailing party in any dispute will be entitled to receive from the other party an award of attorney’s fees, costs, and expenses.

Indemnity:  The undersigned will and does hereby agree to fully indemnify, defend, and hold harmless R.J.R. Surveys, Inc. (including its respective partners, officers, directors, agents, employees, attorneys, and affiliates) against all claims, damages, losses, and expenses incurred by such entities and persons, including, but not limited to, reasonable attorneys’ fees, court costs, and disbursements (i) arising from the acts or omissions of the undersigned and its partners, officers, directors, agents, employees, attorneys, and affiliates that are the result of any  indemnifying party’s negligence or intentional acts and/or (ii) related directly or indirectly to claims of third-parties related to the services performed by or on behalf of R.J.R. Surveys, Inc.

Discretionary Arbitration:  In the event of a dispute arising out of this agreement or the services rendered pursuant to this agreement, at the election of R.J.R. Surveys, Inc., which election may be made in its sole and absolute discretion, such dispute will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association then in effect using a single arbitrator and occurring in the County of Maricopa, State of Arizona.

Non-Disparagement:  Notwithstanding anything to the contrary in this agreement or any other agreement between the parties, each party hereby agrees not to make, permit to be made, or facilitate or aid in the making of any public statement or disclosure about the other party, the contractual relationship of the parties, any dispute among the parties, or any matter related to any of the foregoing.

Personal Guaranty: By signing below, the signer absolutely personally guarantees the payment of all monies that may become due as a result or consequence of this written document.  That in the event the services of a collection agency, attorney or filed lien are required to collect any sums due, you accept responsibility for such attorney, collection and lien fees and pay 12% interest APR on any amount that goes unpaid more than 30 days past due

__________________________________________                            ___________________________________

Signature of Authorized Person                                                    Printed Name of Authorized Person

                                                                                                                       

__________________________________________                                        

On behalf of                                                                                                  

                                                                                                                         

__________________________________________                                        

Date                                                                                                

Method of Payment: Please check one.

Check _____           Visa/MC _____  add 2% fee

Note: Files released upon payment in full.

The Day I fired Little Tommy

I am sitting in the office today catching up on admin stuff and am bored out of my mind. Truth be told I think I would rather pull a couple of teeth with a pair of channel locks than sit here any longer. Maybe?

Something happened a bit ago here in the office which I will get to in a minute that sparked a memory from the way back machine.

I once had an employee that we all called Little Tommy who was anything but little.

Well Little Tommy had a drug problem that made him a really bad employee.

I decide one morning as he is late for like the 5^th time to fire him on the spot. I saw him pull up and went outside to greet him, when he saw me he instantly knew that he was toast and proceeded to flip out it a big way.

As previously mentioned he was anything but small and he was also a crack head that is prone to violence.

As he was shrieking at the top of his lungs I am envisioning having to brawl with him, I am looking around for anything I can use as a weapon, then I decide the best defense on this one is to just run if need be. Did I mention that he was completely psychotic as well?

Back then I had a good sized office in Fountain Hills, he was screaming so loud that my guys in the back parking lot could make out every word.

Fortunately, much like a small child he screamed himself out and screeched out of the parking lot in his F150 almost hitting several parked cars.

I have another story about Little Tommy and Big Hector that I will post a little later under a new thing I am going to write about called “Stupid things an employer has to endure”.

No matter how much a person deserves it I have never liked firing someone, although every time I have done it (which is a lot) my company always gets better.

OK, now to what happened today.

Since the days of the big office in Fountain Hills I have down sized considerably and hold a very small space in a flex spot that I rent from a custom home builder that is a client.

I was sitting up to my eyes balls in non-captivating admin when I hear a door slam next door, several seconds later the screaming started, not just screaming, the kind of screaming where people die.

I got up and walked out, looked at the guys secretary and she nodded that she was ok, I backed into my office and started looking around for a weapon.

I have an over active imagination and all I could envision was the guy shooting his partner and going on a rampage.

As am looking around I see a cylinder of sea salt, a bottle of Cholula sauce and a metal water bottle that is empty.

I immediately devise a plan that if the guy comes out with a gun and gets crazy I will throw the cylinder of sea salt at him for distraction and then charge and push him over the balcony, therefore eliminating the threat to anyone.

So as I prepare myself for utter mayhem something happened. Much like the child Little Tommy, the guy screamed himself out and returned to his own office, shortly after they left as best friends for lunch.

Now is that some serious communication or does a guy just have to occasionally pop a cork?

Profit & Loss - 2011 Projections

OK. No more stupid stuff, it's time to get back to business.
The last thing I want to do is offend anyone which I am discovering is impossible.
Everyone's reality is different.


That said, today I am going to talk a little about the business books.

In reviewing my year end P & L, I made a whole bunch of money on paper, (I wish someone would show me where it is) with the highest profit margin and lowest revenue I have ever turned.
My overall revenue is 17% of what we did in 2006 and 19% of 2007.

It has been a downward spiral ever since.

But now comes the great news:)

My projections right now and they keep getting better everyday are showing a 30% increase in revenue for 2011.

Let me tell you that I am a happy guy. I will be able to put people back to work, I will be able to drop back and run my business instead of doing production and I will be able to take a vacation (A long much needed one).

Now you may be asking yourself a couple of questions and I’ll address the ones I would ask.

1) How can you have the highest profit margin ever with the lowest revenue? 

Cut way back on expenses and go to work. Lay people off, pay your bills net 60, buy shorter lath, find cheaper places to buy material, buy gas in Mesa or the west valley, be relentless about collections, use contract labor and have them sign a net 60 agreement, just hold that cash as long as possible.

2) How do you know that your projections are 30% higher for this year?

My client’s projections are higher and that is what I use to plan ahead. I start talking to my clients in November about their forecast and do tentative planning and projections. I am usually very close.

(Note: Always be able to shoot from the hip if it goes south)

I know I keep saying it and I will continue to do so, but this year is going to a really good recovery year.

After that we’ll need to work on getting our prices back up to where they should be + a 20% increase.