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sub contract rip off $$$

Discussion in 'Commercial Snow Removal' started by jzeller4, Dec 10, 2009.

  1. jzeller4

    jzeller4 Member
    from ohio
    Messages: 80

    took on six stores for a guy last year, he payed some but when the snow stopped, well he stopped paying. he still owes like $18,000.00 on the bill. always told me money was on the way, but never comes. this is all from last winter. I just got my attorney on it the other day.
    has any one had the same trouble ? If so what was the out come.... thanks.......:gunsfiring:
     
  2. kootoomootoo

    kootoomootoo Senior Member
    Messages: 144

    it took you 9 mths to talk to an attorney.

    heres your sign.
     
  3. jzeller4

    jzeller4 Member
    from ohio
    Messages: 80

    his contract was crap for one, I do have all his emails printed out and have signed invoices with managers
    signatures for each service of the lots. is that good enough for ya !!!!!!!
     
  4. jzeller4

    jzeller4 Member
    from ohio
    Messages: 80

    what did you change you post for smart as*
     
  5. jzeller4

    jzeller4 Member
    from ohio
    Messages: 80

    i run a real business here, so ya i got all i need for a case. I just took a mans word, and thats my first mistake.
     
  6. nicksplowing

    nicksplowing PlowSite.com Addict
    Messages: 1,226

    whats the problem then:confused:hopefully you have a good attorney now and you learned something out of this ;) good luck
     
  7. jzeller4

    jzeller4 Member
    from ohio
    Messages: 80

    ya i got a good attorney and he said i got a good case and all, i just wondered how often this goes on.
    its got me where i dont want to take on any sub deals anymore.
     
  8. nicksplowing

    nicksplowing PlowSite.com Addict
    Messages: 1,226

    do yourself a favor and try going on your own or find a reputable company that is hiring subs:nod:

    check the employment section here on PS and see if anyone local to you is in need of subs http://www.plowsite.com/forumdisplay.php?f=60
     
  9. jzeller4

    jzeller4 Member
    from ohio
    Messages: 80

    booked for the year, on my own.
     
  10. flykelley

    flykelley 2000 Club Member
    Messages: 2,124

    Hi J
    It happens sometimes, problem is you may win in court but collecting the money is a whole issue. The company maybe a LLC or Corp and if they lease all of their equipment and have no assets you are just **** out of luck. I have had it happen only once, you need to have a good contract and don't let the money get that far behind. If they don't pay at the end of the month they don't get plowed its that simple. Also try to find guys that have a good name and have been around for awhile. I sub for one guy and he treats me great, pays on time and gives me enough work to fill my route. On the other side of that he doesn't even call me to check to see if Im plowing, he know's Im out there taking care of the lots.

    Good Luck Mike
     
  11. JohnnyRoyale

    JohnnyRoyale 2000 Club Member
    Messages: 2,935

    Is the client aware of the situation?
     
  12. JohnnyRoyale

    JohnnyRoyale 2000 Club Member
    Messages: 2,935

    We just got $60K from a clients holdback to a general we did work for in 2007. The remaining $90+K will have to be taken up with the general contractor in the courts. Our lawyer seems to think he has it as he has spent all kinds of $$$ defending his case to date. Only time will tell. Good luck with that.
     
  13. Weeded!

    Weeded! Member
    Messages: 75

    Check with your attorney, but I would name the owners and lessors of the properties as defendants (quantum merit - they received the benefit of the work and should pay). They will likey say they paid your contractor and then that may be embezzlement as well on his part - not that he will actually get in any trouble for this. But they will understand and be annoyed at the contractor for being named in the suit.

    If he worked for a management company they may be interested to know that he is not paying subs. I went this route once.
     
  14. G.McNeill&Son

    G.McNeill&Son Member
    Messages: 47

    Ya we ran into that same problem it took about 15months to finally settle and our attorney took 22% of the $60,000. The Contractor called the night before the court date and wanted to give us a small payment. We refused it because we were hearing that for a year before.We received final payment in court minus attorney's fee's. Good luck
     
  15. MileHigh

    MileHigh PlowSite.com Addict
    Messages: 1,827

    good job..

    that's what i gotta do.
     
  16. jzeller4

    jzeller4 Member
    from ohio
    Messages: 80

    thanks bladescape got two more small lots today, checking with more im the morning,
    hope to be rolling in the $$snow$$ soon !!!
     
  17. jzeller4

    jzeller4 Member
    from ohio
    Messages: 80

    thanks guys for all the input,its a shame stuff like this has to happen, and i hope none of us deal with
    any of this sh*t this year, my business was goin real well till he kicked me in the cherry's on the bill.
    i called him a few times and told him, if i dont see some money i dont drop the plow, so he would throw
    me a little but never enough, just enough to keep me quiet i guess. that was his plan all along. and yes
    it is a llc that got me.and no the stores know nothing about it.