Contingency Agreement WAR - I Settle The Hottest Debate in Roofing

Adam Bensman breaks down contingency agreements in roofing, rejecting the idea they're either criminal or always necessary. They're a written way to align what the contractor and homeowner actually agree to, useful for consistency and scaling, though legal enforceability depends on your state and litigation costs.
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According to the speaker, HB 1308 was withdrawn and as of April 14 was listed as "recommended for study" on the website.
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Contingency agreements and the hottest debate that's happening in the industry. Use them or don't. There's two schools of thought and I'm going to get to the bottom of it in this video. So you know exactly what you need to do. I invite your comments below. Are you a pro or anti contingency agreement person and why? Because there's two types of people. There's those that say, hey, absolutely never use them. They're criminal, they're exploitative, they're not enforceable, and you're a total crook. You don't know sales. My customers hate them. That's why I win business, because I don't use a contingency. Some people even go on making videos being like everyone that uses a contingency is a criminal and they're predatory in their sales practices and all that. I don't agree with that side. I also don't agree with this side that says use them all the time. I ain't working for free. They're enforceable. Someone better not take advantage of me. I would never serve somebody without them. I don't know if I agree with that side. So I'm going to share the truth about what a contingency agreement is and I'll help you settle your own debate. Because here's the best part about being in business. When you're in business for yourself, you get to define the rules of how you do business. And if people fit in your box, you can serve them. And if they don't, you don't need to. So forget all the nonsense online. Watch this video all the way through the end. Hear what a contingency agreement truly is. I'm going to answer your questions and then help you decide what's important, which is does it make sense for you to use them or not? And will it create a better experience for you and your customers? I don't know the answer, but you will at the end of this video. Welcome or welcome back. My name is Adam Bensman and I help great people play their best game in sales, marketing and business. And I can't wait to jump into today's video. Let's rock and roll. Roofing sales is personal development in disguise. And the reward for growth is life changing. I hope my content helps you create a richer life and bank account. All right, now, there's two camps of people here. There's the no camp and the yes camp. And just like politics, there's no middle ground, right? People are this or that. But in the reality, there's a lot More people that are here in the middle, but we don't hear about it because emotion is what drives all this stuff that you're seeing right now in the industry. Facebook groups, One person makes a post, they're new in the industry. Do I use a contingency agreement? And then it's like 150 comments and there's like anger and threats and opinions and there's a lot going on. So I want to break down what a contingency isn't first. Alright, first, it's not a strong arm tool. A contingency agreement is not a way to. You may disagree with me on this and that's okay. I invite comments. I want to hear your thoughts, your feelings and your opinions in the comments section. And my ask of you is simple. Let's have a real conversation. Because to support each other, that's what's rich about this community. All right. I'm not here to shake things up for the sake of shaking things up. I'm here to value your time. So you leave this video with insights and actionable strategies to do better work and play your best game. So it is not a strong arm sales tool when applied appropriately. Two, it's not a miracle maker. All right. It's not going to just be the thing that all of a sudden you need to use and if you don't use, you're going to lose all your sales. It's not a miracle maker. Three, it's not easy to legally enforce. And I'm sure there's going to be comments because I've had them before. You can enforce them. That depends on how much you want to spend on an attorney and your state laws. Okay. And the other thing just on that comment on the not legal to enforce, I did see because I made a video on the the bill in Arkansas, HB 1308 and there are many people that thought that bill is going to gun for contingency agreements and make him illegal. Which first wasn't the case. And second, important update HB 1308 in Arkansas as of, let's see, I have it written down here. Give me a moment. April 14th, when you look at the website, it says withdrawn and then the next update says recommended for study. So my point is for those that are like there will be illegal soon. Not true. That bill was actually withdrawn and it did not pass. Okay. So I just want to get clear on that. But in terms of it not being easy to legally enforce, it is generally speaking true. And as most contracts are, they're only worth as Much in terms of enforceability as you're willing to spend on an attorney to enforce them. And for most residential roofing deals, you're going to likely spend more trying to enforce it than you would collect on a cancellation or whatever percent clause is even allowable in your state. All right. The other thing that they're not is they're not evil when they're used. Right. I need to like just drill that into people's heads like they're evil and everyone who uses them is a scam artist and a con man. And, and they're evil. They're not evil and I'll explain that. And then they're also not for everybody. I respect that. So that's what they're not. So now what I want to break down is this. What is it? Now? There's a coach that I see that I work with one on one. His name is Devin Bannison. And Devin sent me when we first started working together this homework to do on the idea of agreements. And what's interesting when I worked with Devin is he says, if your commitment matches, mine will do great things together. But Devin, who's one of the most sought after coaches in the NBA and the MLB and he works with some very, very incredible entrepreneurs and business owners as well, says, your commitment has to meet mine. And he does not work, he doesn't chase people. Because if the commitment doesn't match, then nothing's going to going to come of it. And I started to realize this myself in life, in my relationships, that commitments and agreements, what we can share, say, hey, do we agree? Like, imagine if you and your friend said, hey, dude, do you want to go out and grab dinner? Let's meet at whatever pizza place at 7 o'. Clock. And that's an agreement. Yeah, I'll see you there. You guys had an agreement to meet there. Now if your friend doesn't show up, you're like, what the hell? Like, would you tolerate that from a friend? The answer is no. So your best friends keep their agreements and that's integrity. Integrity is being your word and doing what you say you're going to do. So I want you to think of this as in two lights. One is, and again, we're just talking about healthy relationships here. Commitment and agreement. That's an an sign. Okay? Commitment and agreement. And healthy relationships have commitment in agreement. Healthy marriages have commitment in agreement. Healthy friendships have commitment in agreement. Healthy salespeople, business relationships have a healthy commitment and agreement. Now for me, when I serve people in whatever capacity, when I used to do this in roofing, and now I do it with roofing companies. We have a commitment that you make and we have a set of of terms for our agreement on what this relationship looks like. And when both parties match their commitment and agreement, people are a joy to work with and fun to work with and they get the results. But when, when there's not a matching commitment and we're not on the same terms on the agreement side, then this whole thing crumbles. So what I look at a contingency agreement as is a formal written way to develop a healthy commitment and agreement with the home owner. This is where I view it to be the right thing because it is easier, consistent and repeatable to teach, especially at scale and with new sales reps. Okay. Because trying to train someone to have an artful conversation at scale is really challenging to do and there's very few people that have done it. And those that do generally have much smaller teams. And my, this is my opinion and you can get to this outcome however you want. This is at the end of the, at the end of the day, like this no versus yes. At the end of the day, a contingency agreement, when we look at it as its essence, is this middle ground to lead us to having a healthy commitment and a healthy agreement so we can serve people the right way in a way of saying, I'm going to do all this for you, you're going to work with me, we're going to do this together. Our commitment and agreements match. That to me, is the foundation for a healthy, fun relationship. So now it is up to you. Can you get there without a contingency agreement? Yes or no? Drop a comment and let me know. Or is it easier or better to do it with a written agreement? And now I don't know about you. Well, drop a comment below. When I work with people, I communicate in email or maybe text. And what I do is I put things in writing on my commitment and my agreement. This is what you can expect of me. And I just for me personally, I find this to be a healthy way to communicate when things are in writing versus a handshake deal. They can work hand in hand, but this puts everybody physically on the same page. I want to hear from you in the comments below. And if you want to learn how to use a contingency agreement the right way, watch this very next video and I'll see you in the next one.










