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HELP with contract

Discussion in 'Business Fundamentals' started by djd427, Mar 1, 2005.

  1. djd427

    djd427 Member
    from NEPA
    Messages: 98

    I have the chance to get a large commercial lot. They accepted my bid and want to put the contract into effect March 13, 2005. They will not tell me as to why, just that the current provider is no longer wanted there. I had my lawyer draw the contract up but advised me to have them sign a release as to current conditions or damage to property.
    Well to make a long story short,, they will not sign it. Now, there is no way of telling of any damage (snow is piled everywhere, I mean everywhere) Do I sign the contract?? I hate to pass on this opportunity especially for next year.
    If there was a problem, would my GL cover it?
    Any help is very much appreciated,,
     
  2. SkykingHD

    SkykingHD Senior Member
    Messages: 368

    Red Flags here !!!

    Dave
    There are 2 red flags here. The first red flag is when a contract is offered at the end of a season. The second red flag is when they do not want to sign your agreement. I would have to ask what they have to gain by not signing the damage clause? The answer is obvious.

    If you paid an atty advise you on this contract do as he says. If you don't you have wasted the money you paid him to act in your best interest. If you feel the atty didn't act in your best interest ask for your money back.

    Dave
     
  3. plowed

    plowed Senior Member
    Messages: 344

    I agree with Dave. Do not do it. Say for argument that the contract is worth $10k for the season, and you come in at the end, and perhaps you can make a couple thousand in the next few weeks. Well, suppose they tally a damage bill for more $15k, $20k or more. Who knows. You can't expose yourself like that, it's not worth it, you'd be taking a huge risk. Your GL would not likely cover damage to the property that was done before your contract date, regardless, why would you want to pay for someone else's damage?

    I would tell them sign the waiver or you will have to wait until next fall to sign the contract. Think of the position that puts you in if you sign now with no waiver...You may be out of business before you start. Good Luck.
     
  4. djd427

    djd427 Member
    from NEPA
    Messages: 98

    Dave,
    Thanks for your advice. He told me not to sign the contract without the release. He told me if I did pray for a major warm up to take pictures or hope for no more snow this year.
    I told the management that I would not sign the contract without the release being signed. They had to fax it to corporate and wait for an answer but they also stated "Corporate will never approve it".
    I have no idea as to what happened with their current provider.
    I really appreciate the advice.
     
  5. djd427

    djd427 Member
    from NEPA
    Messages: 98

    Thanks John,
    Thats why I ask here. You guys shoot it straight.
    I don't want to lose everything I have worked for the past years. Who knows, mabe they will sign it,,,, if not, there will be more jobs out there.
     
  6. plowed

    plowed Senior Member
    Messages: 344


    Glad to hear you're thinking sensibly. If it does work out for next season, you should take pictures anyway. You should take pre-season pics of all your accounts and make detailed notes. Give a copy to the account contact person before the snow falls so that it's on record.

    The old "Corporate will never approve it" is BS. And, it's not your problem if they will not approve it. Any good contractor will have the same procedure, so if they need service, it will have to be signed. Don't let them persuade or swindle you into anything.
     
  7. SkykingHD

    SkykingHD Senior Member
    Messages: 368

    contract

    If they want want you to remove there snow bad enough they will sign YOUR agreement. If a company wants something they will wine, dine and buy hookers to get what they want. You are just asking to not be held liable for the damage that the old contractor did to lot. That is not to much to ask. There is a fine line between a good businessman and a thief. You have to do what is best for you. Paying for someone else's damage is not in your best interest.
    My dad said if you get up at 6am and work till 4pm there will be someone get up at 10am and figure out how to screw you out of the money you made from 6 to 10... you have to watch out for them people.

    Dave
     
  8. Triton Snow Systems

    Triton Snow Systems Banned
    Messages: 79

    Why are they changing contractors in the middle of the season? Maybe you should contact the former contractor.Maybe they didn't pay him and thats why they need someone new .
     
  9. Ken1zk

    Ken1zk Senior Member
    Messages: 192

    I photograph every property I work on. Any pre-existing damage is noted on the contract and a duplicate photo is attached. I would definitely not take on a property that I could not inspect properly. As for GBL, your insurance would not pay for someone else's damage, and if they did have to pay a claim, well now you've opened up yourself to a rate increase. Good move staying away from this one. :nod: