client bullying 3

[SLTA]

Ok folks - I have an inspection of a cracked CIP basement wall where I know what I think happened, but the other realtor (not my direct client) is trying to tell my client realtor what to put in the report, so my client is bullying me about what she wants to hear. The potential buyers are completely freaking out over this (which in my opinion isn't a big deal, but they're not willing to hear that). The buyer's engineer recommended ground penetrating radar testing to see if there is rebar present, but that can't tell us the size of rebar or strength of concrete, so it doesn't do much good in my opinion.

How do you handle people telling you what to put in your reports, and in a professional manner? She's a potentially lucrative repeat business client, so I can't make her mad, but I'm not willing to let a non-engineer dictate my opinion, either.

 

[msquared48]

SLTA.

You are treading on very dangerous ground here and do not want to be "Mr. Nice Gal" here. DO NOT base your clientele on future business that will probably never happen. Base it on your ability to do your job and your relationship with the client, and your ability to MAINTAIN a good reputation after dealing with the client.

Putting it mildly, I would tell her to either keep her nose out of my report, or stick her business where the sun don't shine. I would walk away. On the side, I would also warn others in my profession about her practices.

But, that being said, you could also tell her that you insurance agent will not cover you if it is found that you have been coerced into changing the facts, so you cannot go there. You are not willing to risk your excellent professional reputation by stating things that are not true, or not completly true, just to make a sale. That is unethical to you, and let her co-workers hear you say it.

As you can gather, I have no lost love over this scum.

Mike McCann
MMC Engineering

 

[SLTA]

Mr. Nice Gal. Love it!

No way would I let them tell me what to say - I just was wondering how to tell them that they can't tell me what to say without burning any bridges.

 

[TheTick]

I used to tell my old boss: "Here's the unvarnished truth. Varnish it any way you like."

 

[msquared48]

Sorry...

"Ms. Nice Gal".

Used to saying it otherwise and portions of the phrase stay with me.

As for burning this bridge with this client, again, I would not worry about that. Just be honest and tell her you cannot change the wording to meet her needs if you are not comfortable with it either structurally or professionally. Be mindful, that some wording is legal jargon and can be inserted without changing your intent. I deal with that particularly with lawyers, and I understand. I have also dealt with it with some realtors. You have to consider this on a case by case basis. However, although I never compromise my opinion, I do listen to reason, but rarely to emotion, and never to coercion or pressure.

For her to bully you is not ethical, in my opinion, and you do need to push back, diplomatically though. She does have the power to withdraw her business, but there are other fish in the sea and life does go on, if you are alive. A bad reputation, gained by compromising your professional opinion for a buck, will catch up with you, in the courtroom.

You could also suggest that she needs to attend anger management classes. That would make points too! Good luck.

Mike McCann
MMC Engineering

 

[CELinOttawa]

I have been know to be very unprofessional in the face of unprofessional behaviour, particularly demands.

You've already received excellent advice, but let me espouse my two standard approaches:

1) Good client who doesn't get the wrong they are asking of me: Ans: "Coffee and lunch are options, and often on me... The honest, complete and professional opinion is non-optional. Hope we can still do lunch, and we wanted to see if you still wanted to (bid, visit, read, share, receive/etc." Effectively the last bit is a thrown whatever to distract and change the subject).

2) Client who understands and just couldn't care less, or acts the bully: Ans: "This is great, we're always trying to figure out what will make a client happy, and it is so nice to get some of the wording prepared for me... That way I work less and still get my money!". Needless to say the report reflects absolutely nothing they wanted to hear and is accompanied by the invoice payable immediately. I normally cc all parties involved so that the scum cannot knowingly endanger others or simply look to entrap another engineer from whom to bully what they want.

Needless to say number two is rare, but without remorse. It also contributed to my being let go in one circumstance. No regrets there!

P.S. I find an absolute refusal to discuss opinions on site or reports before they are complete and stamped is a very good way to avoid such situations and keep out of trouble.

 

[glass99]

Your client needs to feel that you feel bad for them about the situation. You are not making your statements lightly, and you are doing everything in your power to ease the pain. Can you offer to call the buyer direct and explain how simple the fix will be? Can you provide an estimate in your report for the repair cost?

Its a crappy position to be in, but its going to come up with any client eventually. It can't always be a clean bill of health!

 

[Ron]

slta...I know how you will handle it, you're just looking for a nice way to tell them where to go!

A 2x4 applied directly to the forehead is about the only way that someone who would ask this of you will get it. Good advice from Mike. You'll do the right thing...just don't worry about the repercussion.

 

[SLTA]

Thanks, everybody. I think the realtor was just scared to lose another deal, after 5 deals fell apart last month. I made it very clear in my report cover letter that I know the buyers want me to say that nothing bad will ever happen to the wall, ever, but no engineer could ethically say that. I think that made them take a step back cause everyone's been much more respectful since then.

Ahh, good times. This is the third time this year I've had to tell realtors that I'm going to tell them the truth, even if it isn't what they want to hear. My favorite was when one tried to guilt trip me that the buyers backed out of a house that was going to require tens of thousands in waterproofing work, cause yeah, it's my fault the builder was an idiot...

 

[TheTick]

Why is it "bullying"?

 

[SLTA]

well, when someone who has power to hire me or not tries to influence my professional opinion and reminds me how much work she can provide me, that's the word that came to mind.

 

[TheTick]

Meh. Not bullying. You can walk away. You are not being forced into anything. Give them a truthful report and a bill, then move on.

I don't like the (not uncommon) behavior your client displays. But not every skin-abrading encounter is "bullying"? That word has lost all value.

 

[Ron]

Attempted unprofessional coercion?

 

[IRstuff]

That fact that you can get away does not mean it's not bullying. Cyber-bullying is in that category. The hidden issue is whether anything escalates if you do attempt to extricate yourself, i.e., does the bully attempt to dump on your reputation, for example.

TTFN
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[msquared48]

SLTA:

You really need to take out your bullying frustrations at the rink! Get that T-Square!



Mike McCann
MMC Engineering

 

[SLTA]

I do have a punching bag in the garage... time to get the gloves on.

 

[desertfox]

Hi SLTA

Why not word it something like this:-

"I hear and understand everything you are saying to me however I can only report based on what I see and know from my experience, I have my professional reputation to think about, besides ask yourself if you were the buyer what would you wish to hear from my report".

 

[hawkaz]

What am I missing? Where is the harm in letting them run a GPR test on the wall?

 

[glass99]

One way of thinking about this is, how do I put this in terms that my client understands? Can you show them gruesome images of blood and guts failures that started out as itty bitty cracks in a basement wall? Something more than just your say-so would be nice.

 

[tickle]

I am with hawkaz. My report would state "There are several options to progress. 1. GPR, this would identify the presence of Reo bar in the walls. GPR would not identify the size or quantity of Reo bar. 2. XYZ. pros, cons.
My recommendation is 2. I can provide additional information if required"

As long as you write facts then there is nothing wrong. The reports I write, albeit in another industry and discipline, are to identify the risks to the client, propose mitigations, and let the client accept the residual risk.