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opinions needed....

Discussion in 'Commercial Snow Removal' started by d&rlawncare, Nov 17, 2008.

  1. d&rlawncare

    d&rlawncare Member
    from mi
    Messages: 39

    On 10/10/08 I had a commercial customer (4 locations/same company) sign on for plowing and salting. I have been mowing them for 2 year and last year they went through 4 companies for plowing all at 40-60% below my bids. This year they say they have had enough of trying to save money and not getting good service and sign with me.:)

    Today 11/17/08 the district manager (who signed the agreements) said "Im sorry but someone at HQ made the decision to find plowing/mowing for all our stores nationwide!!! Of course they call on the day/night we are suppose to get some good snow. :mad:

    I require a 30 day advance written notice but he says the decisions been made and this is the notice (phone). So what are my options?

    Suck it up and forget about them?

    Keep track of the plowable/saltable events and bill them?

    Thanks in advance.....:help:
    They had the option to give me notice and keep using me for the nect 30 days.
     
  2. big acres

    big acres Senior Member
    Messages: 653

    Usually the 30-60 day opt out is conditionless, though this usually also means that you are their service provider for those 30 days, unless you are in breach through non-performance... which in talking with you is not the case.

    I would let them know that you will be billing for every service you were contracted to perform over the next thirty days and do so. BTW -Who is the national chain again? It would be a favor to all to share their name.

    We had an account which dropped the bomb on us in October last year. We slid a 60 day requirement into the contract and held them to two sizable monthly payments and continued to service... well it didn't snow so we just collected the money! Guess what? Just after midnight after the notice officially expired, we got 4-6 inches -POETIC JUSTICE!
     
  3. erkoehler

    erkoehler PlowSite Veteran
    Messages: 3,268

    Inform them that they will be billed for work in the next 30 days.
     
  4. Pennings Garden

    Pennings Garden Senior Member
    from VA
    Messages: 242

    did he just find out that HQ made this decision? when was this decision made? did the hire a national company yet? what company did they use?

    All depends on my mood I guess, force them to use you, or at least pay you and you will burn a bridge. Is there other possible work in the future or are you out for good? If you're out for good and you have nothing better to do then to chase money and try to sue over it... go for it. If the local manager is a nice guy, go talk to him and get a feel for what the possibilities are.

    If you are going after the contract, you better make sure you follow up your end of the deal and service them if you get snow tonight!


    But in the end it doesn't change that it really sucks for you, I know how you feel...:mad:
     
  5. RichG53

    RichG53 PlowSite.com Addict
    Messages: 1,135

    Get a ROPE...
     
  6. d&rlawncare

    d&rlawncare Member
    from mi
    Messages: 39

    NIce- They are Family Dollar Stores. The sad part is they are the best payers I had. From the time I mailed out the invoice to the east coast til the time I got paid was never more than 20 days. I mowed, mulch, did the bushes, and this year they even had me blowing the parking lots on a weekly basis (GREAT MONEY in that).

    To me (and this is only my second year) it sounds like they have hired a company that provides all these services including anything else they need (wax floors, paint etc).

    So what should I do if they have told me that they have hired someone else and for me not to show?
     
  7. d&rlawncare

    d&rlawncare Member
    from mi
    Messages: 39

    He said he found out Friday. Yes they said they hired someone else already. Not sure what company it is or who this national company is that is either hiring the work out or doing the work themselves.

    It sounds like whoever they are using is going to be doing EVERYTHING. So I would have nothing to loose by billing them.

    I would love to go plow them tonight but by thm saying they hired someone else I would be wasting gas.
     
  8. JDiepstra

    JDiepstra PlowSite.com Addict
    Messages: 1,780

    Well, you can do the work and TRY to get paid if you want. However, not likely they will pay. You may have to take them to court and I guess you have to decide IF you think you can win, and IF it is worth your time.
     
  9. plowtime1

    plowtime1 Senior Member
    Messages: 446

    D&R-
    We're you sending your invoices directly to Family Dollar Stores to be paid and was the corporate office located in Rhode Island?
    I believe the "so called national company" is not a national company, but sold there services as to be; they're based in Pawtucket, Rhode Island.
    I believe if this is the case, you potentially could retrieve these accounts back.
    pm me if you need more info.
     
  10. MAR4CARS

    MAR4CARS Senior Member
    Messages: 246

    My buddy was recently contacted by that RI company that is in charge of the Family Dollar stores.They were looking for a bid to clean a 5 foot length of sidewalk in front of one of the local stores thats downtown.
     
  11. d&rlawncare

    d&rlawncare Member
    from mi
    Messages: 39

    My invoices were sent to North Carlonia for payment.
     
  12. d&rlawncare

    d&rlawncare Member
    from mi
    Messages: 39

    I have one of those stores as well. 5 ft of side walk 20sqft of grass. $25 to mow it and $55 to blow there parking lot. No questions asked. $80 for 20 min worth of work!!!
     
  13. plowtime1

    plowtime1 Senior Member
    Messages: 446

    D&R-
    I just sent you info through pm
     
  14. Pennings Garden

    Pennings Garden Senior Member
    from VA
    Messages: 242

    Wasting gas or not, if this would go to court, and you can't proof your truck was on the site ready to preform service you will loose. It would mean you broke the contract just like them...
     
  15. plowtime1

    plowtime1 Senior Member
    Messages: 446

    Pennings-

    Every states laws are written different. I think what your trying to convey is "deviating", if d&r has a contract with language indicating 10 or 30 day written notice; His corporate client has violated the terms of the contract. jmo
     
  16. DJ Contracting

    DJ Contracting PlowSite.com Addict
    Messages: 1,392

    Get a name & number from the district manager and contact them directly, and see if you can catch him in lie, if not at least you have made contact with somebody higher. Then let them know they are in a contract with you and that you have thirty days to till you can let them out of the contract, if not then let them know of the breach of contract and see what they say, but make sure you get a name and number. good luck Joe
     
    Last edited: Nov 17, 2008
  17. lilweeds

    lilweeds PlowSite.com Addict
    Messages: 1,178

    I know Cenova was bidding the snow there. They actually turned it back (they didn't feel comfortable with getting paid). Not sure if you DM knows that yet, it all went south on friday!