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bad pavement

Discussion in 'Commercial Snow Removal' started by Big Todd, Jan 5, 2004.

  1. Big Todd

    Big Todd Senior Member
    Messages: 126

    OK Boys, put on your thinking caps...

    We picked up a large account this season (5 apartment complexes). In one of them, there are three spots - about the size of a small car - where the pavement is completely broken up. It's bad enough that you could not drive over them, much less plow over them. The maintanance guy says that they had dumpsters there for years and they just beat the pavement up being picked up and set down week after week by the garbage trucks...

    I told him that we would simply plow around them unless they fixed the pavement because of the potential damage to someone's plow truck. I talked to some guys in the paving bus and they said that trying to fix it in the cold weather would be a waste of time. We though about staking the areas off, but instead showed the guys that would be plowing those areas the spots and made sure that they knew better than to try to plow over them.

    Well, you guessed it, one guy plowed over one of the spots... Suposedly, he smacked his head on the roof of his truck and bent the A-frame of his new Boss V-blade. He is hoping that the apartments will re-inburse him for the $400 repair.

    I have a pretty good idea as to how I'm going to handle the situation, but I'd like to see some other ideas. What would you do?

    CARDOCTOR PlowSite.com Addict
    Messages: 1,304

    p.m. ken p
    just had a similar situation
  3. Crumm

    Crumm Senior Member
    Messages: 529

    I am not sure how cold it stays there but up here we could fill the holes with water in the fall and the ice would not melt until spring. Don't know if it would work in your climate?
    As far as the guy that hit the spot and bent his a-frame I doubt that the owner of the hole will pay him for repairs.
  4. tawilson

    tawilson Senior Member
    Messages: 218

    Go put some barricades around the other bad spots before it happens again.
  5. Turfmower

    Turfmower Senior Member
    Messages: 376

    They're not going to pay you to fix your truck. You did know about it and they told you you could go around it.
  6. gpin

    gpin Senior Member
    Messages: 390

    Apartments are hell with evil devils living in them complaining you snowed them in, then scratched or dented their car.
  7. MickiRig1

    MickiRig1 PlowSite Veteran
    Messages: 3,617

    Well he was told about the hazard. Got a contract that spells out damages to property and subcontractors equipment?
    I agree apartment dwellers are the pits! Even if you bait them with a nice cleared area to park. They still park right where you are plowing.
  8. ih82plow

    ih82plow Senior Member
    Messages: 107

    I think the cost of the damage should completly be on the driver of the truck, The unsafe area was pointed out to him.

    And if he even asks your customer to reimburse him for the damage .I would seperate your ties with him immediately.

    From my perspective

    what if the area was a septic tank or a leach feild or something else that he could have damaged ,and you showed this guy the area and said stay away from this area or youll damage it and he still plowed it but instead of 400 dollars of damage to his truck he did 20,000.00 worth of property damage.then you would be responcabile
  9. tawilson

    tawilson Senior Member
    Messages: 218

    "I think the cost of the damage should completly be on the driver of the truck, The unsafe area was pointed out to him."
    Gotta disagree. I think it was nuts to not put some barricades up and to just expect someone to remember it. And sometimes when things get buried under snow, it's hard to remember where they are, especially if you are plowing at night. Just bite the bullet and learn from your mistake.
  10. Robhollar

    Robhollar Senior Member
    Messages: 766

    If you run your truck though something like that and hit your head trust me you will not forget about it. I belive the damage should be paid by the driver. He knew full well that pavment was tore up. Its not the fault of the apt complex that he forgot it was there. Now i do think they should make some effort to fix / mark the bad spot.......Rob
  11. gpin

    gpin Senior Member
    Messages: 390

    If the driver is an hourly employee and not a true subcontractor, it may be difficult to legally charge him for the damages to the vehicle. Charging him for the damages might fire him up enough to take a look at disability. Most laws protect the employee with little regard to the employers property.
  12. The Boss

    The Boss 2000 Club Member
    Messages: 2,099

    if he knew about them, then isn't he responsible?:confused:
  13. Runner

    Runner Senior Member
    Messages: 957

    If he hit his head on the roof, then he was moving at a pretty good clip. ANYONE who has or does plow with a V knows that certain precautions should be taken, as these blades are nothing like straight blades. In the very least, he should have been strapped in. Then, knowing about the area, that is a whole different issue. As far as plowing them, I think I would just lift the blade a bit, and go for it (slowly) and clear what I could, and leave some if necessary.
  14. tawilson

    tawilson Senior Member
    Messages: 218

    I'm surprised the apartment complex hasn't had any problems with tenants driving over them and damaging their cars.
  15. Robhollar

    Robhollar Senior Member
    Messages: 766

    Heres a tid bit for your guys who work in Ohio:
    If you work as a sub and you only work for one company, then you prob aren't really a sub but an employee. A buddy of mine almost lost his business when one of his "subs" hurt himself. Workman's comp got involved and thats when he found out this guy in their eyes wasn't a sub. Talk about a wakeup call.......Rob
  16. easthavenplower

    easthavenplower Senior Member
    Messages: 282

    you become an employee if you work and are told to work certain hours for the contractor.
    if your a sub your paid so as such not off the payroll.

    i think just for buisness relations you should split the bill in half with driver thats what i do i also would call him a$$.tell him next time its on him.that should keep every one happy
  17. Big Todd

    Big Todd Senior Member
    Messages: 126

    I am glad everyone agrees with me...:D

    The guy who didit was the one who pointed out the bad spots to me to begin with... He is a great guy with a lot of enthusiasm, but not much experience. I am glad to say though, that after a few plowing events, he is becoming more and more teachable. This is a sub that I want to keep and possibly develop future business with, so i would like to keep things as amicable as possible.

    My initial coment to him after the incident was more or less, the apartment complex knew about the problem, you knew where the bad spots were, it's unlikely that they are going to agree to pay for any of the damage. Furthermore, if they do, it will be the end of summertime before they cut you a check...:sleeping:

    The guy's plow still works just fine and nothing else has been said so far. I am not going to go to say anything to the apartment people. (Thank you gpin - apartments are hell and their management and property managers are little devils... But they pay good money
    payup ...if you treat them right!)

    If my guy makes any more of a deal out of it, I will tell him that he is going to have to just bite the bullet and buy the repacement part and I will help him do the repairs when it warms up.
  18. MickiRig1

    MickiRig1 PlowSite Veteran
    Messages: 3,617

    Hey , Thanks for posting the final resolution of the problem. This makes this site even better, see how it came out. We all learn something. Now if it comes up on us later, maybe we learned something to help us handle the problem better.