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Broken contract after 1st storm

Discussion in 'Commercial Snow Removal' started by Scottslco, Dec 20, 2013.

  1. Scottslco

    Scottslco Junior Member
    from Fremont
    Messages: 9

    I got contracted to do a Lowes after the 1st storm I had a report that I had to go back and clear up some slush , but before I got their I had a call from Brickman asking me if I could take on a new account and I asked what it was they told me Lowes, I said Im already plowing them and he about ****. Well I went out to the location to see what the complaint about slush was and I talked to the manager she told me 0 tolerance on her lot but that's not how my contract was stated. So I call Brickman back along with the co that hired me and explained the lot looked good and just a very few small spots of slush, I took pics and sent them to the Co that hired me and was told to go in after they close and scrape up anything that was on pavement and salt. Well at 10 that night another plow guy was there scraping up the lot and when my guy tried to make contact he flipped out and started the threats , my guy didn't back down then the guy locked himself in loader and called 911. I then called the Co that hired me he said he would take care of it 1st thing in the AM well I called him back at 2 pm and he tells me Brickman cancled his contract , well I call Brickman and he says they don't want subs subbing out because its takes to long when calls come in and I understand that 100% But now I have a seasonal contract the guy tells me is no good because they canceled his , I ordered 30 ton of salt for this lot and leased a backhoe and pusher and no longer have the account, has anyone ever ran into this ??? I would say the CO that hired me still has to honor the contract I have.
     
  2. Whiffyspark

    Whiffyspark 2000 Club Member
    from SOMD
    Messages: 2,402

    So you subbed for a sub that deals deal's with brickman?

    So brickman canned him and gave it to someone else?

    If you can't get it directly from brickman you're probably out of luck
     
  3. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,867

    Agreed, I think you're screwed!
     
  4. Moose's Mowing

    Moose's Mowing Senior Member
    from SE PA
    Messages: 198

    that sucks. Maybe you can offer to sell the salt to the new guy to recoup some of the costs. That's like rubbing salt in a wound, literally, but it's better than having to eat that cost. Can you use that salt somewhere else or sell to a different contractor?
     
  5. Mick76

    Mick76 2000 Club Member
    from Maine
    Messages: 2,157

    Most management companies don't want sub of subs and state that in their contracts. I think your SOL unless something in the contract you signed with the sub states differently. Then you MIGHT have something to go on against the sub but I doubt it
     
  6. deicepro

    deicepro PlowSite.com Addict
    Messages: 1,124

    That sucks...
    You should be able to sell/use the salt.
    Check around and see if anyone else needs help, maybe you could still keep the rental equipment busy....
    As a 'sub of a sub' I wouldn't waste your time with anything legal, 99% of the big boys all state 'no subs'
     
  7. Buswell Forest

    Buswell Forest PlowSite.com Addict
    from NH
    Messages: 1,668

    I would collect cans off the side of the f★☆★☆ highway before I ever work for a national.
     
  8. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,867

    Haha! Well said!
     
  9. Winter Land Man

    Winter Land Man Senior Member
    Messages: 723

    Yup. I've never done that, and never will.
     
  10. Maclawnco

    Maclawnco Senior Member
    from OH
    Messages: 628

    Why would you lease equipment for a contract that isn't your own? I'd say that is learning lesson #1 here.
     
  11. Whiffyspark

    Whiffyspark 2000 Club Member
    from SOMD
    Messages: 2,402

    Salt and equipment should have been provided by the sub
     
  12. yardguy28

    yardguy28 Senior Member
    Messages: 485

    sub of a sub???

    I would have never taken the job in the first place knowing that. to many hands stirring the pot.

    I will only work directly for the owner personally. but I would in a pinch work as a sub, but NEVER a sub of a sub.
     
  13. magneto259

    magneto259 Senior Member
    Messages: 217

    I would say it totally depends on the contract you have with the company that subbed it to you. If they have anything in there that says they aren't going to pay you if they lose the contract I would say you are screwed. But i'm not a lawyer. All the management companies I have contracts with state you cannot sub the contracted work out. If they didn't tell you that you may have a legal leg to stand on as well. But again i am not lawyer.
     
  14. Bossman 92

    Bossman 92 PlowSite.com Addict
    Messages: 1,771

    It's funny all the people who say they would never work for a national because of this or that. We have worked for nationals for the last few years both summer and winter and have NEVER had a problem with them. They actually pay me quite well. As long as I keep proper records (which isn't hard) and report our work I get paid. Hell one even pays within 7 days.

    I guess it just depends on your situation.
     
  15. Whiffyspark

    Whiffyspark 2000 Club Member
    from SOMD
    Messages: 2,402

    I'm in the same situation. I'm trying to find decent companies to work for this spring
     
  16. Scottslco

    Scottslco Junior Member
    from Fremont
    Messages: 9

    I didn't know it. My co was contacted buy a well known co out of Toledo as far as I knew they had got the Lowes contracts I would of never of taken the job on if I knew I was a sub of a sub. Every bit of paperwork I got came from this Co out of Toledo, Brickman's name never came up intill they called me to to see if I wanted to take it over and then he found out I was another sub and **** canned everyone. I can use the salt on other locations as well as equipment but these are things I would of never paid for if it wasn't for this contract. I dont do much sub work either but with the past 2 years of no snow I have to keep my guys working. So pretty much the seasonal contract I have with Perfect Sweep means nothing?
     
  17. Maclawnco

    Maclawnco Senior Member
    from OH
    Messages: 628

    There was another Co around here that did the same thing with WM and usm. It nearly put them out of business when all of their sub-subs came looking for their money and it wasn't to be found.

    You can try to get some money out of your main sub but they aren't getting paid and likely won't honor your agreement. The saying getting blood from a stone comes to mind.
     
  18. Buswell Forest

    Buswell Forest PlowSite.com Addict
    from NH
    Messages: 1,668

    I will never work for any national management or even any national chain... because they have the morals of a dump rat, bye and large. You think they give a yellow hole in the snow if you earn a profit, or even a living? Not a chance.
    First time they can save 3 cents, or they think they have even one tiny bit of anything to gain, you are roadkill.
    Think your contract will save you? Tell that to the law firm of dewy, screwem and howe.
     
  19. jrs.landscaping

    jrs.landscaping Senior Member
    from Maine
    Messages: 637

    Buswell the same could be said about most other accounts, they just want the job done for short money....... no different than the nationals.
     
  20. Wilnip

    Wilnip Senior Member
    Messages: 583

    You guys are not giving this poor fella much help. Everyone is saying why they wouldnt have done it or why they won't work for nationals. We know. Its in every other thread on this site. If you cant help this guy, dont make him feel worse. :nono:
    To the OP, read your agreement or contract you had with the contractor you signed with. Thats the only thing that matters to your situation. You didn't sign with the national, you dont report to the national, and it doesn't matter that they cancelled the contract. Your contract is with the contractor.