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Thanks Brickman %^$@^$

Discussion in 'Commercial Snow Removal' started by mickman, Dec 11, 2009.

  1. mickman

    mickman Senior Member
    Messages: 118

    Had a signed contract for local nursing home, & landscaping. I get an email today stating that as of Jan 1st. They will be doing snow removal & landscaping.

    Do I have legal ground to sue? They will probably pay subs about what we charge, & then some.
     
  2. elite1msmith

    elite1msmith 2000 Club Member
    from chicago
    Messages: 2,762

    did you have a singed contract that was current and was legally binding on both sides? that had specfic dates on it?

    If the answer is yes, you have a valid contract, and it did not have any form of a cancellation clause by the customer...

    then yes you could sue, or force them to to keep your contract...altho you might piss them off in the process to the point after yoru contract is over, they dont ever want yoru work again.
     
  3. carl b

    carl b PlowSite.com Addict
    from Ohio
    Messages: 1,330

    Key word BINDING . On both sides
     
  4. mickman

    mickman Senior Member
    Messages: 118

    It was our contract for 2009- 2010 season. Not even 30 day notice.
     
  5. elite1msmith

    elite1msmith 2000 Club Member
    from chicago
    Messages: 2,762

    your saying that there was no cancellation clause at all...so they should have been locked in correct?

    you have a copy that they signed right? its not lost someplace in the truck -

    a few other things? have you done snow for them before?

    do they have any reason to question your serivce quality or if you are physicly able to get the job done correctly? do they have an complaints in the past? if so were they documented? are they , or did they change the name of there company or were they bought out?

    if you answered no to all these questions - and you have a copy of the singed contract with dates and so on.... then call them back, tell them we have a singed contract, and go from there

    also yo uhave to be sure that it is 100% binding, and that you are well with in your end of the aggreement.... for example, if it states that you have to provide proff of insurance prior to starting the work....can you actually prove that you A had insurance, and B PROVIDED IT TO THEM... faxing, or delivery conformation works best for this since you have proff it going to them
    I had this come up twice in the past , the first one i told them, i would send them a billl each adn every time it snowed as if i did it....and they would be responsable.... well they fired the other guy and kept me for that year

    option 2 - tell them that you will release the contract for XX amount of dollars (which you bas off of the profitablity of the account)
     
    Last edited: Dec 11, 2009
  6. mickman

    mickman Senior Member
    Messages: 118

    We serviced them end of 2008 - present. Lawn maint. & snow contract.
    The big financial officer for the corporation { they own other nursing homes, etc }
    Decided to go w/ brickman. We were praised how good we were by mgmnt.

    This was an corporate decision that 1 guy gave all their properties to brickman.

    To me, that is breach of contract at no fault of our co.

    & they'll pay higher prices.....someone is a buddy, I'd guess.

    Thanks for your help & input. Been in business over 10 years, w/ over 25 yrs experience.
    Never had this happen.
     
  7. elite1msmith

    elite1msmith 2000 Club Member
    from chicago
    Messages: 2,762

    well brickmen gets their foot in the door, they are a little hard to kick out sometimes.... i would call them on it...tell them they are in breech. see where the conversation goes.
     
  8. fairrpe86

    fairrpe86 Senior Member
    Messages: 175

    Same type of thing happened to us, account got a new property manager that awarded the summer maintenance contract to Brickman. We found thi out in Janurary, ok no big deal you win some, you lose some. We still had the winter contract that expired May 1st. Well the property manager calls in March and decides that rather than dealing with two contractors he is going to let Brickman do the snow removal the rest of the season and that we need to remove our equipment from the lot within 48 hours. The account required pretreating on all of the walks and drive lanes, had trace trigger and was a zero tolerance lot. Its a tv recording studio that produces shows for national cable network shows. Needless to say that didn't sit very well with our company and Brickman has been a huge competitor year round trying to put people around here out of business by doing what they do best and using the good ole boy network to win contracts. Dont get me wrong, they do descent work from what I have seen, it just sucks to lose stuff to them when you know it wasn't a fair shot in the first place.
     
  9. fernalddude

    fernalddude PlowSite.com Addict
    Messages: 1,105

    Its a love hate relationship I have with brickman. They moved in a few years back after buying out groundmasters they took over there accounts the first year then the next season they made the big push to take over they gave new customers a 5 grand free service to sign a contract on snow then they sent there bills for services after they had them locked in. They ripped them a new a$$ and now we are getting customers back even this late in the season.
     
  10. redman6565

    redman6565 PlowSite.com Addict
    Messages: 1,411

    can you contact a local lawyer and just the legality of pursuing something in court?
     
  11. Scottscape

    Scottscape Senior Member
    Messages: 662

    thats alright you got a contract, go do your services. when they don't want to pay then sue. you have the signature on the dotted line. My contracts have a 150.00 term fue due within 5 days of the contract cancellation and if I don't get it I'm going to plow and they WILL pay me for it. When you have a contract with anything wether its a lease or whatever. You have to pay the remainder of the contract OR the cancellation fee IF there is one. AND THATS THE WAY IT IS!
     
  12. salopez

    salopez Senior Member
    Messages: 873

    same thing happened to me at a condo complex in columbia this year. they have yet to tell me that I lost the contract. I found out through people living there!
     
  13. mickman

    mickman Senior Member
    Messages: 118

    I just got an slip from post office for an certified letter. I will talk to laywer Monday.
     
  14. carlriv2

    carlriv2 Senior Member
    from Mass
    Messages: 126

    I would not honor an email termination. I would call or stop by and talk to someone.
     
  15. Silverstreak

    Silverstreak Senior Member
    Messages: 168

    id give the branch a call, prolly in cranburry. think scott is the mgrs name

    i bet you could get it in with them, and pick up more work and be doing better

    95 hr for a truck isnt bad pay

    and in15 days a check in in your mailbox
     
  16. DODGE-BOY

    DODGE-BOY Senior Member
    from OHIO
    Messages: 121

    I'm trying to figure out how they could pay $95 per truck hour around here when they have outbid me for work at $80 per truck hour. Must be like the salting practice of charging $200 a ton and putting down 2 ton but charging for 4 ton. I saw the bids.
     
  17. kootoomootoo

    kootoomootoo Senior Member
    Messages: 144

    i would sue.

    real simple ..work you could have sold elsewhere you didnt because equipment and labor were tied to this job.
     
  18. jbone

    jbone Senior Member
    Messages: 154

    Give em hell!!! :angry: Make them so sorry they tried to screw you over, that when it snows theyre out there shoveling for you.