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What is the Liability

Discussion in 'Business Fundamentals' started by winter angel, Feb 21, 2008.

  1. winter angel

    winter angel Junior Member
    Messages: 18

    Have a client that has been with this company for 3 years. I take care of his strip mall and his personal property as well.
    At this point in time, they are in the rears $1,524.75.payup
    They called to ask if I was going to clean off their property, Yes if I recieve a check for the past payments. I was ensured that I was going to receive one by end of this week. Would have went to the office and picked it up myself but she requested another fax of the invoices etc. I only plowed but did not salt, since that would cost more than time etc. Called twice today to go pickup the check, once again, I never heard from the bookkeeper.
    My question is, since there is another storm coming, I did send out a letter stating that the services will be put on hold until.... Will I be liabil for any slips, vehicle accidents etc. if I ignore the property this week?
    They do owe more but at this time they are behind the amount stated above. Yes I know I am being dodged. I have been in this business for sometime, just have never came across this dilemma before. I have sent this to my collections agency as well.
    Did I mention him and his partner is an attorney?:angry:
     
  2. scottL

    scottL PlowSite.com Addict
    Messages: 1,600

    Depends. What's your contract say. Did you give them written notice of failure to pay releases you from the contract. Because you went back based on a phone call you kind of started the halt action from scratch again. You'll need to send a fax and keep the time stamp that it was sent and follow it up with a registered letter.

    Do you think they will really not pay, have they paid well in the past, maybe they have changed their book keeping and are busy ... your just lower on the priority list probably.
     
  3. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,992

    My contract says that service stops when the account is 30 days over due. need to send a certified letter before suspending service. That means it could take ten days to be able to safely suspend service. You need to prove you gave them proper notice.
     
  4. Runner

    Runner Senior Member
    Messages: 957

    I agree. I would make sure they receive it. I'm not sure I would have sent this to collection, either. you should have sent the proper letters, first. With an attorney, you're treading in thin waters.
     
  5. ahoron

    ahoron Senior Member
    from here
    Messages: 422

    How far behind are they with the payments? 60 days or more I would suspend service. do you have a contract? If not stop service. I wouldn't have called a collection agency maybe a lawyer.
     
  6. QuadPlower

    QuadPlower PlowSite.com Addict
    Messages: 1,056

    I think his real question is the liability issue. Lets say his contract says he can stop service. He stops. It snows. Someone falls. He gets a check. He starts plowing again.

    Is he liable during the time that he did not plow? That is a good question and I don't know the answer.

    And no you should not have sent it to collections without first cancelling service officially..
     
  7. winter angel

    winter angel Junior Member
    Messages: 18

    Thanks Everyone

    Did send a stop service first, The bookkeeper is the same person for the last two years.
    Been contacting the bookkeeper many time, she would not respond back what so ever. Until it snowed. This has not been the first time, that I had to constantly remind them of the bills.
    According to the laws, I was not going to be responsible for anyone slipping. They had void the contract once they stopped any kind of payments.

    Friday, I had to run to the office and pick up the partial payments.
    Supposingly I will recieve the rest.payup