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No Pay No Answer

Discussion in 'Commercial Snow Removal' started by Greenery, Feb 1, 2010.

  1. Greenery

    Greenery 2000 Club Member
    Messages: 2,379

    Hey guys I have a gas station that I've been servicing this season. I've got them on contract and they were to pay 5 payments of equal value for the season. I got the first two payments but now the Jan bill is past due today so I tried giving the owner a call and his phone says due to customer request this phone no longer accepts incoming calls so I jumped in the truck and went up there and they appear to be CLOSED. The gas prices shown were higher than other stations so I am assuming they closed a week ago or so. Needless to say I don't plan on servicing it any longer due to nonpayment.
    My concern is that there is fire codes that you need to keep the place accessible and if I don't plow could I be held liable for that?
  2. forestfireguy

    forestfireguy PlowSite.com Addict
    Messages: 1,276

    None that I'm awarw of that effect a service provider, the property owner is on the hook, not you.
  3. plowman4life

    plowman4life Senior Member
    Messages: 557

    i would say dont plow it any more and contact the fire marshall for your town. tell him whats up and if he says it has to remain acessable. i would just open the entrances up and make a loop or 2 through it so a fire engine can get in there then just take the owner to small claims court if you have to

    but as stated above i dont think you are held responsible the owner would be b/c he has to provide the payment for the work to be done or has to do the work himself
  4. John Mac

    John Mac Senior Member
    Messages: 374

    What are you crazy, you want to plow for free after he hasn't paid for a month all ready?:nono:

    Not your problem!
  5. big acres

    big acres Senior Member
    Messages: 653

    x2... NO PAY = NO SERVICE period. Don't even waste a minute thinking about it or calling the fire marshal. The only time spent might be to pursue the future owner's business.
  6. ACA L&L

    ACA L&L Senior Member
    Messages: 362

    If u have a contract, he still owes you the other 3 payments, service accordingly. Make it accessible and thats it. Go to court showing you followed threw with your end of contract and take pics. You will win. We had this happen last year. If u can show that u kept up your end of contract you will get judgment. It will only take 20 minutes to clear a path.
  7. Greenery

    Greenery 2000 Club Member
    Messages: 2,379

    WHAT! No where did I say I was going to continue to service them I actually said I wasn't going to. My question was regarding the liability of not doing so.
  8. John Mac

    John Mac Senior Member
    Messages: 374

    He can still go after money owed, just pro rate for the time he did service and the amount of contract. I wouldn't continue service.

    I doubt it is worth any effort to try and collect.

    I would bet the gas station went bankrupt so getting money out it will be tough.

    You are not responsible for any insurance claims if the owner has broken contract with you for non payment. That doesn't guarantee some one couldn't name you in a law suite just the same.
  9. Greenery

    Greenery 2000 Club Member
    Messages: 2,379

    You do make a good point but what do you think the likelyhood of getting paid if I did win is?
    I'm guessing I'll never see another dollar from this guy again even if it was won in court.
  10. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    That's about it in a nut shell. The guy most likely stiffed the other vendors to. For what it will cost to put a lien against the property will cost more then what you will make on it. Just keep an eye on it for any activity and see if new owners show up.
  11. creativedesigns

    creativedesigns PlowSite.com Addict
    Messages: 1,929

    From experience, I strongly suggest you put a LEIN on the building. Contact your lawyer & get him to file a lein. It'll only cost you a couple hundred bucks or so. This ensures that you will be paid once the new owners purchase the building. Do this today!!!!
  12. John Mac

    John Mac Senior Member
    Messages: 374

    That's not a bad idea, you can do the lien yourself at the county building. How much money are we talking about? This months payment?
  13. deicepro

    deicepro PlowSite.com Addict
    Messages: 1,124

    Exactly, I'm sure you already carried him 30 days and you wait another 30 day to get paid!! One day late with the payment=NO SERVICE:nono:
  14. MahonLawnCare

    MahonLawnCare Senior Member
    from Ohio
    Messages: 848

    I wouldn't plow it at all man. Let someone else worry about it. You can win a judgement but if he files bankruptcy, good luck getting any money. Judgement's are great and all but what good are they if the guy never pays. I've had this happen, so my motto is if they go under I'm done. If someone falls, oh well. Not my problem. I also have a clause that states if non-payment we will discontinue service and will not be held liable. Good luck~~!
  15. hydro_37

    hydro_37 PlowSite Veteran
    from iowa
    Messages: 3,790

    Talk to an attorney
  16. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    That's it? Throw your 2 cents in you cheapskate !
  17. linycctitan

    linycctitan Senior Member
    Messages: 588

    Depends on your contract terms. Anything in there for non-payment?
  18. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    "If it ain't growin', it better be snowin'!"

    Hijack time ,do you have the copyright to that phrase?
  19. ACA L&L

    ACA L&L Senior Member
    Messages: 362

    You dont need an attorney to place a lien against property. Downside is if they do claim bankruptcy you wont see a penny. If u have a clause about non payment then start with that. Your the one that knows all the details, so its completely up to u as to how u proceed from this point. Either way your not getting paid anytime soon. good luck.
  20. ppandr

    ppandr Senior Member
    Messages: 619

    If you have a contract you must send him a cert. letter stating that he is in breach of contract and you are no longer providing service to that location. If someone slips and falls there tomorrow you can bet that he'll be calling you saying he was away on vacation, etc. Guess who is going to be paying that claim?