I had a call from a potential client who was contemplating entering into building contract. He wanted a pre contract consultation, his contract review and advice on special conditions that he wanted to put into the contract.

He explained that he wanted to cover himself against builder defaulting on the contract by inserting special conditions that would “fxxx the builder up”. As he kept talking I begun realising that he was going beyond legitimate and reasonable need for self protection and has entered territory of : vengeance, punishment, retribution and malice and that his attitude was predatory.

In other words he was going into the contract not in good faith as most people do but was instead preoccupied with “fxxxxxg the builder up”

After listening to him for a few minutes I realised that he was not a very nice person and was also going to do to me what he was going to do to the builder if an opportunity arrises.

One of the most important aspects of the pre contract consultation apart from contract review is the education and the transfer of knowledge to the client to give them confidence and a chance to control their building experience.

This wasn’t going to be one of these.

After listening to him for a little while I interrupted his rattle (could not get a word in) telling him that I thought that he had the wrong attitude and that I would not be able to help him. He was surprised and taken back a little then began to barrage me with expletives in a language I could barely understand.

I then hung up on him. I guess I am fortunate not to have to take on everything that comes my way.

The moral of this story is that the best kind of problem is the one that can be avoided with a bit of foresight.