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Am I allowed to not touch the lot until paid?

Discussion in 'Commercial Snow Removal' started by aedwards, Feb 12, 2016.

  1. aedwards

    aedwards Junior Member
    from 26105
    Messages: 15

    We are dealing with an out of state property management company on a plaza we take care of. First time dealing with them and it's a headache. We were promised to be paid for two storms ago last Friday, after we weren't we tried contacting the person who we have been dealing with and Monday and Tuesday they said she wasn't in the office and then Wednesday they told me she quit. We then get ahold of the care taker who is local and he gets ahold of the bosses daughter for us because the boss is always out in the field and we can't reach him either. She is now trying to get us to cut out $1000 from invoice because they didn't understand, which there is a price list and contract they agreed to. So being generous because maybe they didn't understand it we cut out $600...shouldnt have but trying to please them. Still haven't sent them the last invoice because we are nervous to without being paid. We tried calling today and of course she is not in today either...so we are still out of money. We have a huge storm supposed to hit Sunday-Tuesday..are we allowed to not touch the lot until we are paid and there is a new agreement? They also want to switch over to a seasonal contract..
     
  2. Longae29

    Longae29 PlowSite.com Addict
    Messages: 1,953

    I was told by our attorney this was never a good idea.(i believe it was covered at one point in a sima webinar recommending not to cut service). Unless you have it in writing that they confirm you aren't performing service... If something happens to someone you could still be held liable. I'm guessing since its a management company you're working for there is a pretty well spelled out contract for cancellation.
     
  3. iceyman

    iceyman 2000 Club Member
    Messages: 2,546

    Or send them a letter terminating the contract for failure to pay unless they cut you a check. And i would never lower my price after the fact. I wouldnt touch the lot but tell them today in writing why you arent touching it
     
  4. aedwards

    aedwards Junior Member
    from 26105
    Messages: 15

    I thought about doing something similar to this, just don't want to get myself into legal trouble because I have a feeling we are going to have to end all of it in legal action.
     
  5. aedwards

    aedwards Junior Member
    from 26105
    Messages: 15

    That's what we were worried about as well.
     
  6. aedwards

    aedwards Junior Member
    from 26105
    Messages: 15

    Should I wait to send the other invoice until paid this time? Or send it along with a termination of service until paid?
     
  7. GreenThumbPgh

    GreenThumbPgh Junior Member
    Messages: 8

    at the end of the day here is whats going to happen. they will cut u a check now just because its going to snow then at the end of the season when they know the snow is over u will never get the remaining balance!!
     
  8. aedwards

    aedwards Junior Member
    from 26105
    Messages: 15

    Oh yeah we know exactly that's how it'll go. Am I able to write up a new contract/agreement to get them to agree to that will replace the old one?
     
  9. jonniesmooth

    jonniesmooth Senior Member
    Messages: 228

    contract

    What does the contract say?
    My seasonal contract says that if I don't receive your payment by/on the due date, that service is suspended until it is and that if I have to come out to service only your account there will be a "call out" fee applied or you will wait till the next serviceable event .

    Isn't it funny how you're always the bad guy when you want to be paid?

    Accounts with a history of late payment are told that they must pay for the month in advance (by the 1st) instead of by the 10th.

    I only have one large corp. account that is net 60, but they always pay.

    If they breached the contract by not paying I would think you could call it void and write a new one.
     
    Last edited: Feb 12, 2016
  10. leolkfrm

    leolkfrm PlowSite.com Addict
    Messages: 1,427

    sounds like right now it is not seasonal, are you on an on call, or supposed to come out with certain triggers

    i hate attorneys but might be best to talk to yours
     
  11. WIPensFan

    WIPensFan PlowSite Veteran
    Messages: 3,506

    How do you get yourself into this stuff?? You are just getting played. It's too bad, I feel sorry for you. I guess you have to follow what is said in the contract, but I wouldn't want to be out even more money. Can you contact the owner of the plaza? Have them contact the property management co. about your concerns over not having been paid.
     
  12. aedwards

    aedwards Junior Member
    from 26105
    Messages: 15

    I don't know whether to laugh about it all or what, this is my luck lol. We have never ever dealt with any issues like this is why I'm just at a loss of ideas how to handle. We don't want to do anymore work for them really but we want to be paid for our last invoices without the headache of court.
     
  13. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 10,868

    What does the current contract state?

    You upheld your end of the deal, no reason for them not to do the same.
     
  14. aedwards

    aedwards Junior Member
    from 26105
    Messages: 15

    We aren't on a seasonal, it's per push. They are wanting us to switch to seasonal and just pay a lump sum instead of paying us the previous amount but then I have a feeling they are going to want salt anytime we have flurries
     
  15. aedwards

    aedwards Junior Member
    from 26105
    Messages: 15

    Exactly. I believe they are bunch of scam artist. Since all this and talking to people they have done the same before to people who worked for them and waited 90 days to pay them.
    The contract doesn't have anything about termination in it...it's pretty generic and I wish I would've been the one to come up with it but I wasn't.
     
  16. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 10,868

    Tell them you'll consider seasonal AFTER they get current.
     
  17. aedwards

    aedwards Junior Member
    from 26105
    Messages: 15

    We're just going to try and ride it out and keep documentation of EVERYTHING! By the farmers almanac there isn't much snow left for here.
     
  18. Sawboy

    Sawboy PlowSite.com Addict
    Messages: 1,591

    Your solution in two sentences
     
  19. beanz27

    beanz27 Senior Member
    Messages: 984

    Almanac isn't exactly accurate. X2 what mark said. If I'm not paid I won't service. If I feel like I won't get payment in a timely manner they pay me a "retainer" that I bill out of, once that's up they pay more or I won't service.

    Basically it's a cross between seasonal. Also if you do seasonal make sure the contract states they are paying for the month ahead, so no pay no service.
     
  20. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 10,868

    BTW, the seasonal would NOT include any of what you have already invoiced.