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Your Mistake is Step One, Take Step Two
by Dr. Lynne Curry

Question:
A year and six months ago, I opened my own small business. I’d been unpaid and working for bosses I couldn’t stand for years. Customers always told me I was the heart and soul of every business I worked for and how much they liked working with me. My family and friends knew my situation and loaned me money so I could start the business. I guaranteed them all I’d pay them back with interest.

When I opened my business I took with me many of the customers for whom I’d worked. Things started out great. Then, due to a misunderstanding over a minor issue, I lost my largest client and my former boss tied me up with litigation for "stealing" the other clients. I still knew I could be a success but problems with the two employees I hired set me back. Also, I’d gotten bad advice and wound up paying more than I’d anticipated for both computers and insurance.

I’m finally at the point where I’m starting to make money but this obviously took longer than I planned due to circumstances outside my control. During the last year, I suffered economically. I want to deep-six this business but I don’t know how to tell everyone I made a mistake. How do I explain things?

Answer:
You tell them the truth. You took a risk. It didn’t work out as you hoped.

What’s wrong with telling everyone you made a mistake? We’ve all made a least one. In fact, successful people make more mistakes than do others, because they take more risks. Those who try to avoid making mistakes risk mediocrity and stagnation. Those who hide mistakes from themselves and others waste precious time and energy. Those who face mistakes and acknowledge what they’ve learned, move forward.

This may prove hard for you. In your letter, you say you worked for bad bosses and lost a client due to a misunderstanding. You say two employees harmed you and you paid more for computers than you budgeted due to bad advice. You seem to have a pattern of laying blame on "circumstances outside your control."

In small business, unfortunately, the buck stops on the owner’s desk. How about acknowledging you underestimated the challenges of running a business in several areas. First, you thought you could take your former boss’s customers without realizing he might sue you. Second, you apparently didn’t realize that equipment often costs more than anticipated and that some employees may bring problems with them.

In short, squeeze the full learning out of this experience. In the same way that you plan to step up to the plate and pay back your family and friends, tell them and yourself the truth. You launched a new business without accurately assessing the risks, however, you’re not down for the count, just for the moment.

Question:
I work as the office manager for a small property management company and weekly fax contracts to our vendors. They then fax me the signed contracts.

Last month I arranged with a contractor to work on one of our apartment buildings. It was a small job and after he completed the work he tried to change the terms of our agreement. I faxed him his signed agreement and he said it wasn’t legally binding because faxes were only considered "negotiations" and not binding contracts.

I’ve since resolved the problem with him but I need to know whether or not he was right. I have too much to do to monitor whether or not all our vendors follow up their faxed contracts with hard copy signed originals. So, tell me, do I need to receive a hard copy of the signed original because I can consider these contracts binding?

Answer:
Protect yourself when you rely on faxed contracts with five guidelines. First, put a clause in the contract stating that both parties agree to treat faxed signatures as originals. Second, make sure you transmit the entire document and not just the signature page. Third, ask each contractor to fax you a confirmation that he or she received all the pages you sent. Fourth, for all major transactions, take the follow-up time you need to obtain a hard copy of the original signature. Fifth, on major projects, deal only with those you trust.

  

 
 
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