It's that time of year again...

Yes, it is.

And I'm stunned, not to mention a little embarrassed to see that it's been over a year since I've updated my blog.

How very shabby of me!

Let me give you some updates on what's been going on - 2014 has been an awful, awful, trying and testing year - and why I find myself not writing here for a year....



You may recall this post here that I made in October, 2013 (!!) where I was complaining that a client owed me $140k in delays.

Well, let me now finish the story for you....

I never did hand over the house to the client in November, 2013 as they expected.  Or December, or even January, February or March in 2014.

In fact, sitting here now in December, 2014 they still do not (legally) have their house.

Eventually the client caused even further delay to the completion of their house, and in total those delays equated to an invoice to them in the order of $240k in delays alone.

On top of that, they were refusing to pay me some $100k in contract sum that they are contractually obliged to finalise.

In the end my final claim against them was in the order of $357k (including GST).  Can you believe it??

They simply, point blank, refused to pay.  The nerve of these grubs.  I saw the worst of the worst of humanity in these grommets - they disgust me so much that I can't even call them people.  I'm still so angry over this matter (so much so that this blog post has been stopped and started on several occassions because I just couldn't continue thinking about it all).

I eventually took it to my lawyers, which upset the client.  For some reason they thought I'd just roll over and give in to their position.  Of course, I should have expected it....afterall, the wife did once say that she hoped I'd go bankrupt so I'd accept any loose change she throws at me!!!!  Bitch.  Cow.  <edit>.  <edit>. 

Anway, I took it legal and told my lawyers to go for the jugular.  And they did.  The clients ended up ringing me directly in February 2014 requesting a settlement meeting.  I agreed, naturally.  Anything to settle the matter quickly, inexpensively, and to get these pricks off my books.

After much argy bargy and difficult discussion - which was all conducted very maturely, I must say - we reached agreement at $200k.  

Isn't that just a massive, massive concession to them?  If you were them wouldn't you be jumping for joy and get the settlement done pronto so I couldn't re-neg on the deal?  I certainly thought so.

As part of the settlement we negotiated a number of terms; some favourable to them, others favourable to me.  I've been taught to always leave something on the table - and that's what we both did.

BUT....there's always a BUT....

When it came time to finalise the settlement document they re-neged on the deal!  Those terms that we all agreed upon - they didn't want some of them in the settlement deed.  They were quite happy to keep the ones favourable to them in the deed, but the ones that were favourable to me...well, no....they just couldn't seem able to include them.

Needless to say - the deal didn't proceed and they didn't get their house; but I didn't get paid either.

Remember that I've already paid my subcontractors for this job.  See what an arse the construction law is?  I have to pay my subcontractors - but I have to wait OVER ONE YEAR BY THIS STAGE to be paid...My cashflow is screwed, and I have effectively funded the construction of their home.  Where on earth is the sense in that?  This is what our stupid laws result in.  I hope to goodness that one of these dumb politicians stumbles across this blog and reads this - I swear they don't live in the real world.

Anyway - back to the point.

I went legal again...and this time we had to spend even more money getting expert consultants to shore up our position.  More $$ down the drain.  

I turned up at the house one day in around June or July, because legally I'm still in possession of it, as I had to meet one of these consultants there, and I couldn't get in.  These people changed the locks!!!  I eventually gained access and changed all the locks.  The following week my husband attended the house with another consultant, and these grubs had changed the locks again and taken illegal possession of the house.  The wife was actually sitting in the house and guarding it when my husband arrived there.  Then they had the nerve to send me a letter accusing me of trespass, break and enter and threatened legal action should I gain access to the house again.  OMG!!  

Of course, their possession didn't mean all that much because they couldn't legally reside in the house.  I still have all the certificates and documentation they need in order to obtain an occupation certificate.

Anyway, we're going through the slow legal processes, preparing our claim, getting our ducks in a row so to speak and we finally lodge our claim in the courts.  Our total claim for our outstanding contract sum, approved variations, approved adjustments to provisional sums and prime cost items, and delays as a result of tiling, joinery, toilet exchanges and a few other bits and bobs is circa $360k including GST.  And then we have to throw interest on top of that, too. 

I have to be honest here - I was dragged to the lawyers office kicking and screaming.  I did not want to go the legal route.  Going the legal route is just an emotionally draining, financially draining exercise - and I just didn't want to endure it again....but we had no option in this case.  All hopes of an amicable settlement were well and truely gone.

The matter is now about to settle.  We didn't make it to a hearing.  In fact, I don't think the matter even made it's second directions hearing.  The grubs put in an "Offer of Compromise" through the courts.  The offer was insulting, disgusting, and just plain rude.  But it was accepted.  Only to save the effort, expense and emotional tax of a hearing.  We've signed confidentiality agreements so I can't even disclose the settlement amount (which is roughly a third of our claim).    

Then, in an attempt to get more from me whilst I'm already bent over they asked for a quicker settlement.  I told them to get F'ed...they can wait the full 28 days and they're not getting anything from me a moment earlier.  The nerve of some people.

So, the matter will officially be over around the middle of January, 2015.  I don't even know the settlement date - I just don't give a damn any more.

This, my friends, is the construction industry in all it's marvelous, wondrous glory.  It's the powerhouse of the country, the driver of the ecomony, and it's run like a fucking brothel.  As a direct result of this particular matter (and a few others involving residential work) we have completely pulled the pin on residential work.  We've declined the opportunity to renew our eligibility for home warranty insurance, and we've surrended our licence.  Now we're only taking on commercial work.

Mind you, commercial is also wrought with danger.  But in my view it's less risky.  At least we have the Securities of Payment Act to help us with our cashflow when someone decides to withhold payment.  All we need to do is be vigilient in our debt recovery/accounts receivable.

We did finish that juicy little commercial job that I've previously mentioned.  It turned out to be quite a profitable job....thank goodness....We completed and handed over in March, 2014, and haven't picked up another job till just last month!!  That particular client still owes us $10,000.  Why?  Because he feels like not paying it.  


Then, we have this post here in which I discussed the search for my groove.  

As I already said, I abandoned the idea of JGF.  And I'm thankful I made that decision.  I have no regrets at all about that one.

I also completed my investigations for DSW.  I made a decision not to proceed given that it would be entirely reliant upon my husband's qualifications, and it would entrench me in the construction industry even further.  

As you can probably gather - the sooner I get out of this terrible, disgusting industry, the better off I'll be (regardless of the move to commercial work only).  I have honestly struggled with the industry.  It's turned me into a person I'm not happy with - a person I don't like.  

Is that a reflection of my own weak, malleable personality?  I don't think so.  To survive in this game one has to be strong, tough, ruthless even, otherwise you simply won't make it.  I admit I am those things, and then some.  But I don't like being that way any more.  I never used to be like that.  Yes, I've always been strong, tough, and ruthless....but in a different way....a softer way, if you will.  I can't quite articulate it properly.  Perhaps it's a matter of degrees.....perhaps I've become just an amplified verson of strong, tough and ruthless.  Whatever it is - I don't like it, and I want to be the old me again....the me that gave a damn about people, the me that wasn't always stressed and cranky, the me that could laugh a little more freely and relax a little more quickly.

Anyway, back to my point.

I do believe I've rediscovered my groove.  

I've settled on a business that is easily systemised and procedurised.  It's a business that can be run by others (in due time).  It's a business that generates revenue month in, month out, without fail.  It's a business that doesn't suffer during economic hardship.  It endures.  Always.  Managed correctly, it's very profitable.  

I've made the decision to re-establish TRS.  I've gone through the process of re-branding it.  I've purchased 1300 and 1800 smart numbers.  I'm currently going through the process of updating my requisite qualifications.  I'm finalising my service offerings and have commenced preparing system and procedure documents.

And I've never been more sure about something than now.

I'm over my "running out of time, I'm 40" mentality.  How dumb.  When I think about how I feel, I certainly don't feel like I'm 40.  I have the same energy as I did when I was in my mid 20's - the difference now is that I have a couple of kids that I need to fit in amongst my work - but that's certainly not impossible to do.

The other major difference is time, and life.  I'm smarter and more experienced now than I was when I was in my mid 20's.

I do recall when I sold TRS back in 2002 (it was actually 2002, and not 2000 as I said in my original post).  I recall being stuck.  I was young and I was in a very successful business, but I couldn't move forward.  I couldn't expand it.  Some people may think that ludicrous.  But it's true.  I didn't know HOW to employ someone (thanks, Dad, for the trust issues!!).  I didn't know HOW to manage expansion.  I didn't know HOW to deal with banks to even explore a debt funded expansion.  And even worse is I didn't have a support network or mentor that I could turn to and talk with about the issues I was facing.  So, I was stuck, with no where to go, and felt totally overwhelmed.  So, I cashed in.

Today as I sit here typing I have no doubt that having experienced all of life's extremes over the last 12 years (and moreso in the last 5 years) it stands to reason that I now possess so much more knowledge and experience than I did back in 1997 when I first started TRS.  So, bringing all this acquired experiernce and knowledge to TRS 2.0 can only be a great thing.

I've told Hub (who supports me completely) that I'll be doing this 100% this time.  Not that I didn't give it 100% last time, but this time I will be making it a major enterprise.  I won't be selling out when I get stuck.  

I'm reminded of a saying I use all the time - When You Know Better, You Do Better.  I believe that definately applies to TRS 2.0 and I couldn't be more excited by it.

Naturally Hub is concerned about what will happen with his business.  We're just going to have to employ someone to take over my role in his business.  My mental health, my professional satisfaction, my career, my self-worth is far too important to me to not do this.

Then of course, I've been kept very busy with my various family and school committments.  School life can be quite consuming.  And so can club sport.  My son is involved in club sport and I put up my hand to be the age group co-ordinator.  And I've been asked to take on the role of Treasurer in 2015 for the club as well as maintain my age group co-ordinator role.  So 2015 is already going to be a busy year and my daughter hasn't even started club sport seriously yet.


I remain cigarette free.  In February 2015 it will be 4 years.  I'm still amazed at how easy it was.  Unfortunately I did pile on the kg's as a result.  I spent the last 12 months getting rid of them.  It's been a yo-yo ride with the scales.  Up, down, up, down.  But, I've joined a gym.  I do pump classes twice a week and I was doing HIIT on the treadmill 3 times a week.  I managed to work my way up to 10 cycles runninging 30seconds full pelt between 13 and 14klm/hr and walking 2 minutes, which is pretty bloody good.  But for some reason I stopped doing that about 3 months ago (I think time just got the better of me on one or two occassions and then it was just easier to not go).  

Anyway - I'm currently on my annual holiday right now (arrived yesterday afternoon) and this morning I went for a run and realised just how much my fitness has plummeted as a result of not doing the HIIT.  I'm totally devestated.  I ended up power-walking instead of running, and did a few rounds of stair sprints.  No need to tell you what one of my goals for 2015 will be.


So, there's my year in brief.  Well, this could only ever provide just a brief snapshot. It's been far more busy, far more difficult, far more consuming than I could ever possibly regale here. 


Till next time...