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Any help with this broken comtact

Discussion in 'Business Fundamentals' started by RSK, Dec 9, 2005.

  1. RSK

    RSK Senior Member
    Messages: 236

    Hi guys
    I serviced them for three years. They signed a 2005-2006 contract.
    I went to plow the lot the first time and it was plowed. The snow i got last
    night i plowed the lot. I went in when they open to talk to the guy he was like i am going to have my friend to plow my lot this year.I sad you signed a contract he was like so what. This lot is worth almost 8.000 and i have turned down other jobs for this one any :help: on this
    thanks
     
  2. LwnmwrMan22

    LwnmwrMan22 PlowSite Fanatic
    Messages: 27,961

    If you really do have a signed contract, and if you really do want the money, head to small claims court.

    If it's over the limit for small claims, find an attorney that'll type a letter for you for whatever you think it's worth to get the money and see if that gets your lot back.

    If not, then decide do you really want to be working for someone that's pissed off at you because they wanted someone else doing the lot, therefore maybe booby-trapping the lot when it snows???

    I know it's sounds crazy, but me personally, I'll never forcably work for someone that doesn't want me there to begin with.
     
  3. JElmWin

    JElmWin Senior Member
    Messages: 232

    Go get yourself some legal counseling (lawyer). Then ask him what legal recourse you may have. Probably depends on the wording of contract. The lawyer could draft a 'letter of intent' to the lot owner. May be enough to get him to honor contract. Beyond that it's court.
     
  4. Joe D

    Joe D Senior Member
    Messages: 605

    I have to say, make him pay. If it was reversed what would a customer do to you.
     
  5. Lux Lawn

    Lux Lawn PlowSite.com Addict
    Messages: 1,137


    I agree, call a lawyer asap.
     
  6. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,868

    I don't know why you would even ask us. I would have already filed the papers and set a date in court. For $8,000.00, I mean come on...Its a no-brainer.:nono:
     
  7. SkykingHD

    SkykingHD Senior Member
    Messages: 368

    breaking contracts

    There are 2 sides to a contract, your obligations and theirs. Your obligation is to plow the snow off as agreed and his is to pay as agreed. This is very plain and simple. You will loose money if he does not keep up his end of contract. When you breach a contract the person who does not perform is liable for the losses. This is why you have this contract.

    Advise him you have alloted manpower and equipment to this job and if you do not plow it you will loose money. Also you might tell him had you not agreed to plow him you would have had other jobs to plow during the times you have reserved for him. As you have stated you have turned down work.

    Take this man to task. Better him to be out money than you.

    Dave
     
  8. somm

    somm Senior Member
    Messages: 200

    you need to spell it out:

    "Contract Damage Forfeiture: $ _ ,_ _ _._ _"

    (see ours posted in "Elements" Forum)