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Contract question

Discussion in 'Commercial Snow Removal' started by MidcoastMainiac, Dec 2, 2010.

  1. MidcoastMainiac

    MidcoastMainiac Member
    Messages: 95

    In early Sept. I signed a contract with Property Management Co. "A" to plow an apartment complex. In October or November, the apartment complex changed ownership and new PMC"B". PMC"B" sent a new(theirs)contract for me to sign with language that I don't agree to for the price I signed with PMC"A".

    The questions I have is 1) Am I obligated to honor contract I signed with PMC"A"? 2)What do I do if it snows(which is in the forecast) this weekend before I can see my lawyer and clear this up?

    Thanks,
    MidcoastMainiac
     
  2. watatrp

    watatrp Senior Member
    Messages: 117

    I'm not a lawyer but common sense tells me that you have a signed contract w/ an entity that is no longer in existence. The contract w/ the new party has not been agreed to or signed by you. You don't have a contract w/ them. It's up to you to either agree to their terms or negotiate with them to get something that you do agree with. You might want to read the fine print of the contract you have signed to see if you are obligated to provide your services to any new owner. Just my two cents. I'm sure others will have differing ideas.
     
  3. swtiih

    swtiih PlowSite.com Addict
    Messages: 1,179

    I presume there was something in the language that voided the first contract when "A" sold. You gotta read the entire contract. One cannot change the terms of a contract unless both parties agree.
    DON'T sign the one for the new onwners if you don't agree to it.
     
  4. hoskm01

    hoskm01 Senior Member
    from AZ
    Messages: 475

    What part of the new one do you not agree to? Curious what theyve added that you don't like.
     
  5. MidcoastMainiac

    MidcoastMainiac Member
    Messages: 95

    No trigger ammounts-Vague damage clause-No blizzard clause-a too easy of a termination where I get screwed clause and the deal breaker clause an Indemnity clause.

    None of these are real deal breakers, but they are for the price I negotiated for the place with PMC"A"
     
    Last edited: Dec 3, 2010
  6. hoskm01

    hoskm01 Senior Member
    from AZ
    Messages: 475

    Man, they've got to at least give you a trigger.

    Red-line it and make yourself an appointment ASAP. Add the trigger and come to a resolution on the rest with them.

    Sadly, a lot of big companies have some weak contracts, like someone threw it together at the last minute.
     
  7. swtiih

    swtiih PlowSite.com Addict
    Messages: 1,179

    They may knit pick the littlest thing and then not pay you. Better come to terms before you do any work.