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Owed $11,000 as a sub. Any advise???

Discussion in 'Commercial Snow Removal' started by ommegang, Jun 18, 2011.

  1. ommegang

    ommegang Senior Member
    from wi
    Messages: 100

    I'm owed $11,000 as a sub. Plowed for them for 3-4 years and always got paid a couple months after last push in addition to two checks during Winter. A smaller landscaping CO. This year I got my gas money for the year Jan1 but am owed the rest. I have no written contract and I plowed four Condo communities one business one apt complex and many builder homes. No return phone calls. They owe a sidewalk guy $1000 too. It's a partnership and I have no clue sa to what's going on. Should have seen this comming by thier lack od communication b/w themselves during the season. Am I SOL? I can't put leins on the properties as a sub w/o a written contract can I? I guess I should have had a written contract.:realmad:

    Eventually I will approach these accounts, disclose the info, try to find who the property manager is and try to gain the accounts myself since I was the plow guy for the past three to four years.
  2. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    I would definetly threaten telling the contracts. I would also make a point of telling those contracts that you may have to resort to putting a lien on the properties. You may not be able to without a written contract, but they don't know that, and they will put preasure on this company to get you paid up. Also you may not be completely SOL, do you have invoices etc from the previous years? If there is a pre-exisisting relationship between you and the contractor, that definetly gives you something in court. All this is just my opinion of course, but I think you have a shot at something, and $11000 is a load to leave on the table, but next time.......A SIGNED CONTRACT!!!!
  3. snowman5313

    snowman5313 Member
    Messages: 86

    First, just call them and ask what's up. They may be having a tough time collecting or still collecting Why burn a bridge? Second if you are getting screwed call a laywer. Keep calling a lawyer that will give you an hour free to see what your options are. Third before you pay a lawyer call the accounts to tell them that you havn't been paid and that you are contacting a lawyer to get you money. Trust me, contacting the client should be the last thing you do but do it before you pay a lawyer. Remember that lawyers cost money and your time doesn't.

    NICHOLS LANDSCA PlowSite Veteran
    Messages: 4,286

    I'd go to the property and tell them you haven't been paid from so and so. You did the work as a sub and you can place a lien I'm sure the property will light a fire under so and sos butt. Just last week I went to a homeowner and told them I needed $xx,xxx, because I was told by the contractor he hadn't been paid (which I figured was BS) You should have seen the look on her face, she told me she gave him a check the day after I was done 6 weeks ago (which I believe) needless to say the contractor called all pissed saying I had no right talking to HIS customer. Picked up a check that day:D
  5. jomama45

    jomama45 PlowSite.com Addict
    Messages: 1,172

    For $11K, I'd certainly see a few hundred dollars given to a lawyer to be money well spent. Focus on your business, and let the lawyer do what he's good at.
  6. smoore45

    smoore45 Senior Member
    Messages: 526

    Well said. Also, I would keep all proof of correspondence with the contractor over the winter. This includes emails, texts, phone calls, etc. because that will go a long way since you don't have a contract to fall back on. Good luck and remember that the "hand shake" method is never good enough any more.
  7. mkwl

    mkwl 2000 Club Member
    Messages: 2,361

    Welcome to the wonderful world of getting shafted on payments..... I have at least $10,000 due to me from this past winter from customers not paying......unfortunately collections are VERY hard with he economy being so crummy these days. All have said they will pay eventually:rolleyes: but that remains to be seen. If I were in your shoes as a sub.... i'd definitely get an attorney involved here. HOWEVER- you should know better than to do work without a contract.... "if it wasn't in writing, it didn't happen" (direct quote from my attorney).
  8. Mr.Markus

    Mr.Markus PlowSite Fanatic
    Messages: 5,107

    Drop off the invoice in person to the address/person you were dealing with ... with late fees. "It would seem you haven't received this yet!" being polite and civil ...works great. Continue to send a statement every 30 days with additional late fees. and follow the advise of lawyering up.
  9. cf1128

    cf1128 Member
    from NH
    Messages: 77

    With all do respect... I think that is absolutely horrible advice from beginning to end.
    Why burn bridges? ah, they are not returning phone calls and they owe him $11,000
    Keep going from lawyer to lawyer for the free hour?... I don't like lawyers but that seems a little cheezy, and before you pay the lawyer, then contact the account and threaten them? Most likely the account paid in full and he is being stiffed by the contractor.
    And the greatest line of all, "LAWYERS COST MONEY AND YOUR TIME DOESN'T"
    Are you kidding me? I am sure you are the greatest business man in the world, at least according to yourself, but the notion that your time is free, it is a miracle you are in business.
    He should put a lien on his property, his equipment and let every contractor and sub in the area know he is being stiffed. Call him out publicly until he finally contacts you.
    The biggest scumbag move you can make, is not paying your laborers. I would be ashamed to do that to any and all of my guys.
    Why burn bridges? the guy gave him and his family the big f/u. To stiff a kid that shoveled side walks? are you kidding me?
    Total different story if the guy was communicating, but no communication... I bet the client paid and the guy spent the cash.
    It is guys like that that kill the legit guys.
    Last edited: Jul 13, 2011
  10. TCLA

    TCLA 2000 Club Member
    Messages: 2,696

    A legit guy may help others in a pinch without a contract, however a legit guy doesn't commit to do work all season for someone without a contract. If you didn't meet and execute a contract with "you know who" I assume they have no insurance info from you either.

    Unfortunately for you, it boils down to this.
  11. cf1128

    cf1128 Member
    from NH
    Messages: 77

    I am surprised by that comment, my term "legit guy" was not intended by me as a reference to the sub that was stiffed $11,000, it was in reference to the many legitimate snow professionals on this site, that are insured (correctly) pay taxes and pay hired help.
    There is no question ommeagang has made more than one mistake, however, the title to his thread wasn't: "hey. I screwed up, I am out $11,000, kick me too"
    Now I remember why I read more and post less.
  12. TCLA

    TCLA 2000 Club Member
    Messages: 2,696

    I did read it that way, my bad. I've been know to make a few mistakes....

    Don't let it throw you into a tizzy, you sound a little tense.

  13. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,885

    yeah i agree, WTF were you thinking with those amounts? sucks to hear. I love your sig picture though1
  14. cf1128

    cf1128 Member
    from NH
    Messages: 77

    Lol, yeah man I got fired up. Read those suggestions, how can you not?
    Any self employed person who thinks his time is free is just...
    You know what, your right.
    I gotta chill.
    Thank God for that mentality, I hope all my competition thinks just like him.
    Cheers back to you.:drinkup:
  15. got-h2o

    got-h2o 2000 Club Member
    Messages: 2,439

    A pistol and a lot of yelling helps a lot usually too....................................