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board of health sues over snowplowing?

Discussion in 'Commercial Snow Removal' started by cjasonbr, Feb 2, 2011.

  1. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    Place i plow told me they were being sued or something by the board of health because of SNOW PLOWING.

    They want to break their contract and i think they're trying to scare me away. They usually get plowed out before their street.

    The guy told me they have to be plowed out every inch because ambulances need to get in for old folks. I asked him if that meant a storm in the middle of the night. No he said only during the day time :\
  2. Camden

    Camden PlowSite Fanatic
    Messages: 6,604

    What type of business is this?
  3. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    trailor park. :\
  4. Bajak

    Bajak Senior Member
    Messages: 999

    Sounds like an unwarranted third party agreement to me. Stick to that story for your own good.
    If they want you to appear in court over it, remember a summons is only an invitation. DON'T GO. unless there are criminal charges..Then your F'ed.
    Last edited: Feb 3, 2011
  5. EvenCutLawnCare

    EvenCutLawnCare Senior Member
    Messages: 207

    Actually no, A summons is an ORDER to appear. Ive seen judges issue arrest warrants for people that ignore them. You dont wanna piss off the judge.
  6. pmorrissette

    pmorrissette Senior Member
    Messages: 175

    Subpoenas & Summons

    What is a subpoena?
    A subpoena is a document or writ issued under authority of the court for service upon a witness to compel their appearance in court. The attorney of record may sign civil subpoenas but the Clerk of Court must sign criminal subpoenas.

    What is a summons?
    A summons is a notice that a person or business has been sued. It is a mandate calling a person or business before the court to answer the claims or allegations made in a complaint attached to the summons. The person or business that issued the summons is called the "plaintiff". The person or business that receives the summons is called the "defendant".

    If you receive a subpoena or summons, it is not necessary that you call the Clerk of Court. An attorney who is representing one of the parties in a lawsuit or a criminal case almost always issues the subpoena or summons. You should call your own attorney as to how to respond to the subpoena or summons. In the case of a subpoena, you might contact the attorney who issued the subpoena as to the exact date, time, and place you should appear to testify. In the case of a summons you should contact your own attorney as soon as possible.
  7. bub3020

    bub3020 Member
    from ma.
    Messages: 48

    well im confused, ambulances only need to get in during the day?? i agree they are screwing with you!
  8. plowinli

    plowinli Member
    Messages: 59

    Ask for a copy of the lawsuit, if it is real they will have it and a notice from an attorney. They should have already given you a copy as it is effecting you.
  9. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    I 2nd the "they are screwing with you" motion. They are being sued over snow removal!!! If you have followed your contract, then the failure is theirs, not yours.
  10. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    LOL, screwing me??? naaaaaaaaa........

    Specifically i have a 30 day cancellation policy. It's a larger account and i've reserved resources for them.

    They're telling me they're cancelling the contract and i tell them they cant it's a CONTRACT, they say their lawyer found a "loophole", they will simply trespass me so i can't perform the work and they wont have to pay me anything.

    of course they're trying to screw me. No Board of Health. No lawyer. No sense.

    EDIT: and like i said, they usually get plowed out before the street they're connecting to. Obviously they're not being sued by the board of health.
    Last edited: Feb 3, 2011
  11. KEC Maintaince

    KEC Maintaince Senior Member
    from N.J.
    Messages: 265

    the BOH does not sue people.
    its a govt agency they can make recomendations and they give people time to clear the problems then come back for another inspection if things are not satisfactory they will fine the people
    now on another hand the city or county building inspectors can bring charges against people same proces tho.
    unless its a health care facility hospital nursing home doctors office or similar the BOH comes in to inspect if it is that bad then they will immediatly close the faculity.
  12. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    I don't know about where u are, but here, there is a rule that states that both parties must enter a contract in good faith. So if they keep u from fulfilling your duties, is that good faith? I would hazard a guess u get in front of a judge, under those circumstances and he may see it as such too.
  13. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    These people are idiots.

    They "demanded" i change the terms and sign a new contract. I declined so they attempted to cancel the contract. So i had to explain to these people- grown adults- that you can't cancel a contract because you changed your mind.......

    So i guess the contract they wanted me to sign was just for me :\
  14. JTVLandscaping

    JTVLandscaping Senior Member
    Messages: 862

    Maybe they found someone cheaper, now that this winter has exhausted their snow budget, I got an account in NY I don't want anymore...you can have it
  15. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    You should be reading the threads on how to bid on a property. Underbidding yourself is not good.
  16. woodchuck2

    woodchuck2 Senior Member
    Messages: 304

    BOH lawsuit :laughing:, they are hitting the crack pipe!!! As others have said i am willing to bet they have exhausted their snow plowing/removal budget already and are now trying to squirm out of the contract because they found someone cheaper. Also sounds to me whomever your dealing with has no clue how to manage this development and knows nothing of the budgeting/caretaking. Otherwise they more than likely would have opted for a different specified snow accumulation/trigger than the amount agreed upon. Stick to your guns, if you both signed a good binding contract then they are obligated to abide by it. Do you have anything in your contract that covers you if they hire someone else? It might be as simple for them to have someone else plow before you get there, if the snow is not there to plow then you cannot charge them correct? They may claim the guy is doing it for free, i have seen this done before around here when there was no good contract signed.
    Last edited: Feb 3, 2011
  17. JTVLandscaping

    JTVLandscaping Senior Member
    Messages: 862

    Thanks for the insult, much appreciated!
  18. shovelracer

    shovelracer Senior Member
    Messages: 525

    I dont see what the problem is. Plow every inch 24hrs and charge for it. Letting it accumulate at night can slow things down. Of course we don't know the rest of the story, but I would give them the opportunity to have exactly what they say they want at the appropriate price. Call their bluff.
  19. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    I didn't mean it as an insult. Sorry.

    Put a ;) after it. I thought it was funny you got the contract and now you hate it so much you want to drop it for nothing. I thought you said it with humor offering it to me. Sorry my response came across snide. i was joking.

    If an account looks awful i always try to leave myself a little padding with a PITA fee.
    Last edited: Feb 4, 2011
  20. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    They want to be "guaranteed" the snow gets plowed every 2 inches without exception during large storms. I tried explaining that if it's snowing 2 inches an hour that would leave me sitting there going in circles and no other customers would get done.

    I offered to do my best sure. But they demanded it be guaranteed, and since we had already contracted the terms i didn't feel like changing the terms. What good does contracting with people that don't honor their contracts do?

    The people had absolutely no concept of a route. I tried explaining to them that if i ditched all the other customers on the route that would leave them paying for the entire trucks time during small storms and big. They just couldn't understand.