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The Wealthy Contractor Growth

Legal Mistakes That Could Destroy Contractors & Remodelers | Heather Macklin

⏱️ 47:06 🎀 Brian Kaskavalciyan, Heather Macklin
AUDIO EPISODE
Legal Mistakes That Could Destroy Contractors & Remodelers | Heather Macklin
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Chapters

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  • 0:00
    Importance of Change Orders
    Heather Macklin highlights the critical role of written change orders for any scope changes in a project to avoid future disputes.
  • 0:15
    Maintaining Corporate Formalities
    Learn about the crucial steps beyond LLC formation, like corporate record books, annual reports, and operating agreements, to protect personal assets.
  • 0:26
    Employee & Customer Contracts
    Understand the necessity of clear written agreements with employees and customers, tailored to state-specific regulations, to prevent legal issues.
  • 0:33
    Document Retention Policies
    Explore why a smart document retention policy is vital for saving money, reducing stress during litigation, and maximizing company value during a sale.
  • 0:38
    TCPA & Do Not Call Compliance
    A deep dive into the complexities of the Telephone Consumer Protection Act (TCPA) and Do Not Call lists, stressing the need for proper consent and records to avoid severe penalties.
  • 0:46
    Real-World TCPA Case
    Hear a cautionary tale of how a simple transposed phone number led to a significant TCPA lawsuit, illustrating the strict nature of the law.

Speakers

B
Brian Kaskavalciyan
Host
H
Heather Macklin
Attorney, Owner of Macklin Law, LLC and Concrete Coating Company

Key Takeaways

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Always use written change orders for any project scope changes, even minor ones, and have them signed before starting new work to prevent disputes.

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Ensure your corporate formalities (e.g., annual reports, operating agreements, meeting minutes) are up-to-date and consider services that help maintain them to protect personal liability.

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Draft comprehensive, state-compliant contracts for both employees and customers, avoiding generic online templates, to clearly define terms, compensation, and responsibilities.

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Implement a clear document retention policy, only keeping necessary records for the required time, to reduce discovery costs and streamline potential business sales.

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Review your insurance policies regularly with your broker and legal counsel to ensure adequate coverage and limits for your business activities, especially general liability and workers' comp.

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Seek legal counsel to ensure compliance with the TCPA and Do Not Call regulations for all marketing and outreach, meticulously obtaining and retaining prior express written consent for at least five years to avoid severe penalties.

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Avoid commingling personal and business funds; maintain separate bank accounts for your entity and meticulously document all transactions.

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