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Question for clause for reporting damages

Discussion in 'Business Fundamentals' started by PTSolutions, Feb 20, 2010.

  1. PTSolutions

    PTSolutions PlowSite.com Addict
    Messages: 1,533

    Im wanting to update my contracts for my residentials for next year and want to add something like:

    "All damages must be reported within 24hrs of last service by contractor"

    how do some of you guys word your limitations for reporting damages?
    is 24hrs enough time?
     
  2. ff610

    ff610 Senior Member
    Messages: 320

    I'm not sure exactly what my contract says, I'll have to pull it and see. The problem with 24hrs is they may not even be home and depending on the type of damage they may not see it until after snow melts some or all. Obvious damage is a no brainer, but thats a tough one! I'll look at my contract and let you know.
     
  3. doo-man

    doo-man Senior Member
    Messages: 387

    Here is an exert from ours

    "Property Damage. The owner will report, in writing, any property damage caused by the contractor within 48 hours. The contractor will repair any timely and properly reported property damage in the spring season during the snow and ice management program season in which the property damage occurred. Notwithstanding anything herein to the contrary, the contractor will have no obligation, and the owner waives any damages for any property damage not timely and properly reported. "

    Also

    "Limitation of Liability: The contractor will exercise reasonable care to avoid damage to pavement, curbs, trees and shrubs. However, the contractor is not responsible for any: A) damage to landscaping caused by the piling of snow. B) Damage to items that are snow-covered or not visible. C) Damage caused by equipment when tree, shrub and sidewalk areas are not reasonably delineated due to snow accumulation. D) Personal injuries resulting from slip and fall accidents; and/or E) Acts of God, including but not limited to extraordinary weather conditions."
     
  4. toptech72

    toptech72 Member
    from 21078
    Messages: 61

    Mine gives them 48 hrs to report damage
     
  5. TCLA

    TCLA 2000 Club Member
    Messages: 2,699

    No....

    This is not good enough either.



    It's not that difficult to give better customer service than this......
     
  6. RLM

    RLM PlowSite.com Addict
    Messages: 1,270

    I don't agree it's not about customer service & I'll give you an example why. Last season we helped out a client of our's (hotel) that was building another location.First time they called there was in excess of 12" on the ground, never seen the site before, construction equipment/materials everywhere. We carefully plowed it, continued "on call" throughout the winter. Come July, they still owed use all the bill, the comes "well this curb was damaged ", to the tune of a $ 1400 repair bill. First I'd heard of it, did''t know if they hit it with there equipment (they had a backhoe & 2 Lulls there that I saw). None of the guys that plowed there rembered hitting it, no damage to equipment to corespond either. Our contact states 24 hrs, we were covered leagally. I ended up spliting the bill with them to keep them happy. We didn't even get a call from them this season & we serviced them very well last season & did extras as well at no charge.