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Contract- they want me to sign their contract

Discussion in 'Commercial Snow Removal' started by newlandscapes, Sep 19, 2015.

  1. newlandscapes

    newlandscapes Junior Member
    Messages: 24

    A large condo complex wants us to sign their contract. They actually already signed ours, but they want me to sign their contract. It pretty much makes us liable for everything and is 100% in their favor. No limits on anything and they can end the contract at any time for any reason and still hold us responsible.

    I will not sign their contract the way it is written, but just wondering other peoples experience with this.

    I think part of the reason is they had a contractor snowplow for them for years and last year they had quite a few garage doors damaged so they denied it so they are now in litigation with the previous contractor.
     
  2. dieselss

    dieselss PlowSite Fanatic
    Messages: 10,977

    I would never sign a contract that states I would be 100% liable. Or whatever there wording is. You would loose everything while the "client" gets away scott free
     
  3. Mr.Markus

    Mr.Markus PlowSite Fanatic
    Messages: 5,170

    Pay your lawyer to look it over and augment it to where you feel comfortable.... Lotsa time yet.
     
  4. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    So how can you have 2 contract?
     
  5. 1olddogtwo

    1olddogtwo PlowSite Fanatic
    Messages: 11,535

    I fail to see the problem here.

    You have in ur possession a signed contract, correct?

    Do what is outlined, if they don't pay or hire someone else, they have defaulted. Then you have them by the balls.
     
  6. snowplower1

    snowplower1 Senior Member
    Messages: 774

    I'm with Old dog. if they already signed the contract then they have to go by yours. if they go back on it then fight it.
     
  7. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,905


    You never ... NEVER want to sign a contract for any larger site where you can be released immediately, even for BS reasons. Companies contract you out for $1000 per 4" storm, then in jan 15th, find a cheaper contractor begging for the site for $750, guess what, they sign them, drop you overnight, and they're profiting another $250 every time it snows 4" for doing nothing.

    We've had this happen, even with contracts that state either side gives the other a 30day minimum time frame for cancellation, they'll make up excuses like failure to perform, even though lots are scraped down on time, salted numerous times. They find any reason. meanwhile, we have 75 tons of salt sitting on the site, miles from any other site we handle 2-3 towns away, equipment dedicated to the site for the season/leased/owned or rented, and even sometimes labor from that same town that now can't work for sheer lack of transportation getting to your shop or your next closest account you have on contract.

    Thats fine and understandable they had damage done and are dealing with it, but that doesn't give them the right to fire you immediately, thats what insurance policies are for.
     
  8. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,905

    Yeah i overlooked that part! You can't have two different contracts for the same "work" or term, if ever a conflict, what one says essentially voids what the other says anyway, from a legal standpoint, lawyers would just argue back and forth and neither would be valid. Don't sign anything for them.
     
  9. MSsnowplowing

    MSsnowplowing Senior Member
    Messages: 711

    Seasonal contract with 15% cancellation fee for any reason if client cancel's.
     
  10. JMHConstruction

    JMHConstruction PlowSite.com Addict
    Messages: 1,080

    The company I'm subbing for this year wants me to sign a contract stating that I am 100% liable. Would your advice differ for subs or is this something I should avoid as well? Makes me a little nervous seeing that they are the ones that say when to go out, when and where to put ice melt, etc. They are the first "big" company I've worked for, so I just assumed it was standard. I have a family friend/lawyer that I have a meeting with next week to look at it and give advice, but figured I'd get some input from those who have been in the business longer than I.
    Please answer OP first, like I said I don't 2ant to steal anyone's post or question.
     
  11. MSsnowplowing

    MSsnowplowing Senior Member
    Messages: 711

    What kind of subbing?

    Are you just plowing for them at $50 to $75 an hour?
    You are liable for any damage you do, but slip and falls are on them.

    Or are you doing the whole site for a few thousand or more?
    Again still liable for any damage you do, but slip and falls are on you.

    Since you said this:
    Makes me a little nervous seeing that they are the ones that say when to go out, when and where to put ice melt, etc.

    I am going to assume your just working for them as a hourly sub.

    I would not take 100% liability if they are telling you when to go out, when to salt, etc...

    You are working for them under their direction.

    I would tell them you will be responsible if you damage anything while plowing, but you will not be responsible for slip and falls because your not calling the shots.

    And if they say you can call the shots, make sure you are getting a good percentage of the contract.

    Example:
    It's a $10,000 dollar contract, you should be making at least between $5,000 and $8,000 on it for being responsible for all aspects of it.

    If it's a low risk property, lower amount.
    High risk, higher amount.

    Just My Two Cents.