1. Welcome to PlowSite. Notice a fresh look and new features? It’s now easier to share photos and videos, find popular topics fast, and enjoy expanded user profiles. If you have any questions, click HELP at the top or bottom of any page, or send an email to help@plowsite.com. We welcome your feedback.

    Dismiss Notice

Formal Contract refusal question

Discussion in 'Business Fundamentals' started by Dhudson, Dec 4, 2013.

  1. Dhudson

    Dhudson Junior Member
    from Ohio
    Messages: 14

    I have a few residential contracts and recently decided to get into the commercial side of it.

    I have a pretty extensive contract that I have not had any issues with until today.

    They have accepted my bid, but are not willing to sign a contract. I believe they had a bad experience with a former company with whom they were locked into a contract with.

    My question is, should I refuse to take on this job due to them not willing to sign a contract?

    All correspondence has been through email.

    Thanks in advance!
     
  2. goel

    goel PlowSite.com Addict
    Messages: 1,079

    No contract signed. No formal acceptance.
     
  3. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    If they won't sign then payment in full= signed contract to me!

    PS,if someone falls you were never there!
     
  4. Dhudson

    Dhudson Junior Member
    from Ohio
    Messages: 14

    If they respond to my quote by email, acknowledging acceptance, is that considered a contract agreeing to the terms listed in the quote?
     
  5. OldSchoolPSD

    OldSchoolPSD Senior Member
    Messages: 242

    Why won't they sign the contract? I'd let the next guy handle them.

    If they really meant what they say then they would have no issue putting it on paper.
     
  6. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Time to pick up the phone and call.
     
  7. Dhudson

    Dhudson Junior Member
    from Ohio
    Messages: 14

    I have called. I have met with them. The contact person sat down with me and we went over everything. I told him I would drop off a formal contract for him to sign. He said ok and later today I did as I promised. He emailed me to inform me that when he went to the owner, he was informed that they do not sign contracts for snow removal.
     
  8. goel

    goel PlowSite.com Addict
    Messages: 1,079

    Clear as a bell to me. Walk

    Peon says we want you.

    Guy that signs the checks says hahaha.
     
    Last edited: Dec 4, 2013
  9. Mr.Markus

    Mr.Markus PlowSite Fanatic
    Messages: 5,163

    It is the time of the year for the procrastinators to come out playing hardball. You have the upper hand because it is so late in the season. He misunderstood you...the contract "is" acceptance of the bid. Without it neither of you have agreed on anything.
     
  10. Dhudson

    Dhudson Junior Member
    from Ohio
    Messages: 14

    I replied to his email indicating I was not interested in providing my services without a formal contract. I'm patiently awaiting his reply.
     
  11. Mass-hole

    Mass-hole Member
    from Boston
    Messages: 35

    I would just call him and ask what kind of contract he would be comfortable with...

    You want to be paid for your work...
    He wants you to do your work...
     
  12. cda817

    cda817 Senior Member
    Messages: 284

    In CT it is state law that any service provided over $500 requires a written contract. I'm sure Ohio has something similar. You can always offer to include an clause that allows them to cancel the contract with 30 days notice for cause.
     
  13. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    This what happens when guys try to "protect" themselves with fancy contracts.When someone whats to sign with someone else they are gun shy with the next company and now have this problem.
     
  14. Dhudson

    Dhudson Junior Member
    from Ohio
    Messages: 14

    What type of contract do you use?
     
  15. Mass-hole

    Mass-hole Member
    from Boston
    Messages: 35

    It is actually the Uniform Commercial Code. I cannot remember if there are any states that have not adopted it.
     
  16. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Simple one page,address and how much for the season.
     
  17. OldSchoolPSD

    OldSchoolPSD Senior Member
    Messages: 242

    At a minimum you need your scope of work, payment terms, and a dollar amount.
     
  18. goel

    goel PlowSite.com Addict
    Messages: 1,079

    The last line on mine just above there signature says something like " I have authorization to bind the company / corporation to the terms outlined in this agreement."
     
  19. Chineau

    Chineau Senior Member
    Messages: 447

    I wouldn't blow by what Grandview said, can you get cash up front, 50% now the rest in two months? Some of mine pay for the season once i have the cash it is pretty much all good just deliver.
     
  20. Wilnip

    Wilnip Senior Member
    Messages: 583

    No contract, no deal. My liability ins will not cover me unless a contract is in place.