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Help need advice asap

Discussion in 'Commercial Snow Removal' started by fireboy6413, Apr 22, 2011.

  1. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    Ok so I did plowing for a national back in December, The first storm was my last, We had 18+ inches on December 26, any how I couldn't keep up with it and lost the accounts, Learning experience it was. Ok so they owed me $1900.00, they agreed to pay me once they could clear me of any damage done by me. Ok no problem, so after the 26th snow event, I was told by them they hired back the company from last year, Now when I first got the call for the accounts they told me they wanted this guy out because he cause alot of damage last year, and they stupidly cut him his last check, and he promised to repair any damage, and yet he never did, so I was under the impression they were done with him. Ok so finally last month I went out on my own time, and was advised to by another rep from this national to go take pics of the property's, since the guy who is in charge of this has to many accounts to look over, so who knows when he will get to mine so they can cut me my check. So I did and found some beligum block knocked out, So they called me after I sent the pics, and finally the guy in charge finally made his way to my account, they asked me to repair just these 8 blocks and they will release my check, I was their the day after he called me and repaired the damage, called him told him I took care of it and sent them the pics. Almost a week goes by and finally I get an email from the women who told me to go take pics, "Michael your check will be released this Friday." So here im waiting for this check thinking every things ok, I go into my email to find an email from them, stating they were notified on 1/5/11 By such and such, no idea who this guy is, that the boxed area of the pillar next to the drive thru was damaged by plow. Then they proceed to say they hired the other guy back on 1/7/2011 so I am at fault. They sent me a copy of the invoice from the contractor who repaired it for 2480.70, I was never notified about this, shoot I could have fixed it for a few dollars, all is is is a landscape timer wrapped in white aluminum, its cosmetics not structural. They sent me 2 pics of the damage, both pics clearly show the damage, next thing I noticed was the snow was melting and you can clearly see grass. We all know what kind of winter we had up here, after a almost 2 foot snow fall their is no way in gods creation that, that much snow would melt in 10 days. Especially this site is located down in a valley right off the Hudson river, so right off the bat its going to be much colder then other places. So they either want me to put this thru my insurance or pay the difference from what they owe me. Now I got this email on 4/21/2011, and the email was written on 4/20/2011, also they said they will continue to hold my check until I take care of this. So its clear they never mailed my check out Friday the 15 like they said they were going to do. I need some in put on this one.


    IM AM SO SORRY THIS IS SO LONG
     
  2. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    You can see the damage on the white pillar, does this even look like it was a plow, and notice the homes directly in front, do you think that much snow can melt in 10 days. Or is someone playing me

    NY0432MT-201117-21-Inquiry-6.jpg DAMAGE.jpg

    NY0432MT-201117-21-Inquiry-4.jpg DAMAGE.jpg
     
  3. JDiepstra

    JDiepstra PlowSite.com Addict
    Messages: 1,780

    No and no. I would think you would remember doing that. Also, your plow would have to have jumped the curb to get up there. Of course there is no date on the picture either....

    I have no idea what advice to give you, but sorry youre getting screwed.
     
  4. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    Do you think I can fight this, I have all the proof, I know its only a few hundred out of my pocket and a 2grand loss, but they cant get away with this
     
  5. Drakeslayer

    Drakeslayer 2000 Club Member
    from Carver
    Messages: 2,785

    I would question that it was $2400 to repair the damage. Seems like a little much for a false pillar.
     
  6. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    Yes your right, it sure does seem high, you can clearly see its a false pillar, and the best part is why didn't they notified me right when they were notified back on the 5th of January apparently notified. How should I go about this and fight this, And its more then clear they never even cut my check on Friday the 15th, if they just sent me an email with this and stating they will continue to hold my check
     
  7. Mr.Markus

    Mr.Markus PlowSite Fanatic
    Messages: 5,170

    It would be hard to fight a non payment if you couldn't/didn't complete the work.
    I have had customers feel damaged cause I peeled up some old asphalt or even sod and withhold payment, but they usually come around when I tell them I won't consider their claim until all invoices are paid. For the most part I document damage on site when I see it.... usually before the customer does and am honest about damage that I do.
     
  8. Drakeslayer

    Drakeslayer 2000 Club Member
    from Carver
    Messages: 2,785

    My first reaction would be to tell them you need proof that it was you that caused the damage, this is obviously a pissing match so start slow.
     
  9. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    I usually do as well, cant be to care full. however I had never seen this damage before. It would be one thing if they wanted to keep my 1900 check they were supposed to send out to me, however they want and additional 480.70
     
  10. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    Contract terms,
    The supplier agrees to submit an invoice to receive payment , If an invoice is not received in the time frame described above and or work performed is not provided as described in this agreement and all exhibits attached hereto. buyer does not guarantee payment. Buyer reserves the right to hold any last payments of the snow removal season or a minimum of 500.00 per site to allow for final inspections to be made to determine if any repairs will be needed. These repairs may include but are not limited to turf, concrete or asphalt damage, signage or plant material. If repairs are determined, {supplier must complete all necessary repair to the satisfaction of the buyer no later then may 15 of each year.} Upon satisfactory completion of repairs buyer will release final payment due to supplier according to the terms of this agreement.

    I wasn't even given the option to make any repairs or do an inspection of the damage. They took it upon them selves to make the repairs that according to them, the snow plow guy cause. These repairs were billed on 2/14/2011, I thought i get the right to inspect before some one else comes in and repairs what I had supposedly caused
     
  11. Drakeslayer

    Drakeslayer 2000 Club Member
    from Carver
    Messages: 2,785

    Isn't that your answer????
     
  12. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    Your right, I just answered it my self. LOL any recommendations on how to approach this. Ive never been in this situation before
     
  13. JD Dave

    JD Dave PlowSite Fanatic
    Messages: 11,046

    I can't believe you even asked about payment after you screwed up. To be honest you should owe them money considering you couldn't do what you said. I'd drop everything and hope it goes away.
     
  14. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    I am on the same page as JD Dave. The only issue I guess I have is that they violated their own contract, then again, it sounds like you violated it too. If they agreed to pay you that money then I guess you are owed it, and if they violated their own contract terms, they should be accountable, but in all fairness, you are damn lucky they aren't coming after you for any extra expenses involved with hiring another contractor to come in and clean up after you .JMO but you got off lucky, around here all my condo/national contracts state that if they need to fire you mid season and hire someone else due to no preformance, they reserve the right to charge you with any additional expense incured in doing so.
     
  15. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    I guess I may have miss worded things, I completed my end of the deal, everything was done after the first major snow storm, its was just not done to this one managers standards, They did advise me at the beginning of the contract that I may run in to problems with this one women, apparently she had, gotten a friend in their and he had the contracts, well for some reason 3 years ago was his last year and they had this other guy take over the accounts. Ever since then they get phone call after phone call from this women. Kinda cant please her. The reason why I was fired, she had complained that she felt threaten by me, but yet Ive never met the women nor ever seen her, the reason why they were still willing to pay me, was because they knew it was false, but this year these accounts are going out for bid, so this national may looses these accounts that's why they made this women happy and gave her what ever she wanted. I can understand that.
     
  16. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    Oh and I just got back from looking at these repairs, as of what I can tell they either used reclaimed 2x4's or used the original lumber over again, the only thing that's new is the 1" pine finish boards. Also I spoke to the branch manager, and she had told me this company was their for other repairs, and this damage was their for a while, not sure how long
     
  17. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    Assuming all this is in the up and up, it sounds like you are getting run around, i would show them where they violated their own contract, and threaten a lawyer, see where that gets you. AND in my opinion, there is no way that damage was done by a plow/ loader or other equimpment, not unless you were trying to do it intentionally.
     
  18. JTVLandscaping

    JTVLandscaping Senior Member
    Messages: 860

    The melted snow, its possible, we had 22" in that storm and rain a week later and within 10 days, just the piles were left. However, it appears that the trees in the photo are kind of budding, which would be later on in the season. I know this...if that's the kind of money guys are getting for 20 minutes of alluminum coil work, I'm headed down there ASAP. Best of luck
     
    Last edited: Apr 23, 2011
  19. Rc2505

    Rc2505 PlowSite.com Addict
    Messages: 1,245

    Allpro, I understand this 2 grand might make a difference in your season being good, or bad. However, if one person complained enough that you were fired, I would just drop it and walk away. If your fired, you probably don't deserve the money to begin with. Furthermore, your dealing with a national. Nationals are known for not paying. Chalk this up to experience, and next year get a better account to replace it with. That being said, I will now agree with you that I doubt you could have caused that damage without knowing it. I also think if the last guy was not brought back at the beginning of the season because he did so much damage that he probably did it, but you'll never prove it.
     
  20. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    That would be fine if they weren't asking for money out of my pocket, but their was no way possible for the work done for it to be 2500 bucks worth, ill post some pics when I get back down their it was pretty crappy today so I didn't get the pics, but you will be very surprised when you see the pics