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Broken Contract?

Discussion in 'Commercial Snow Removal' started by BRIMOW525, Jan 4, 2003.

  1. BRIMOW525

    BRIMOW525 Senior Member
    Messages: 259

    Had a condo complex sign a contract for the season and Dec 5 got 9" of snow in 5-6 hrs. Started snowing at 5am. No biggy, started the route and about 1 place to finish before condos and condo place calls wanting to know when I would be there. I tell them about 30 mins. "well there's a guy here that did it 2 yrs ago and can do it right now for less than u. And we are a old folks community and are watching our pennies." In my contract it states that it may be broken at any time BUT must be done so in writing with reason of termination by either party. She said she knows this and wants to know if I will terminate on the spot without writting but will send something in writing, as the guy is there right now. I did because I was too busy and pissed at the same time to care. This is not the first time they have tried to re- nig on a signed contract. My wife forced me to go back later that day and drop my plow and push a pile around. Now she wants me to bill for one push and then terminate the contract. Because of this I have added a new clause to my contracts that if the contract is terminated because of a lower bid after signing, a $500 fee will be assesed and must be paid BEFORE contract can be terminated. What do u guys think. I also maintain the grounds in the summer but will not re new their contract for this season.
  2. citybobcat

    citybobcat Junior Member
    from NYC
    Messages: 18

    I have a similar problem with a contract. I plowed once when I sent the bill they complained about the price. I have had the same price for four year's and know they say it's too high after the season start's. I told them they had plenty of time to talk before the season but know they are crying theblue's. STICK TO YOUR CONTRACT LET THEM PAY YOU BECAUSE IF YOU WERE TRYING TO BREAK THE CONTRACT THEY WOULD SUE YOU!
  3. mike9497

    mike9497 Senior Member
    Messages: 466

    thats right.in my contract they can not cancel because of a better price they find.my contract can be canceled for one reason.lack of service.they also need to give proof to how i did a shotty job.plus i have 30 days to fix.they also need to give 30 days notice before canceling.plus when theysign the contract i need one snow removal paid for in full and is non refundable.
  4. gslam88

    gslam88 Senior Member
    Messages: 168


    You have signed contract... if they thought the prices were too high or they did not like it why did they sign the contract...

    They way for them to break the contract as per the signed deal is the $500 and the price of the day's plowing

    She also stated to you that the contract can only be broken in writing

    Worst case scenario is to have a lawyer write them a letter for you and highlight the key points of why they can not at this point break it .....

    Isn't this the point of a contract... to protect both parties....

    and maybe future contracts should read a specific time period say 15 days or 30 days prior to canceling contract that way should this happen again you have more ammo...

    just my .02.....

    Pete :nono:
  5. Temco

    Temco Member
    Messages: 66

    Is this same guy going to show up again for the next storm? If not and they call you back to plow it, are you going to do it on a verbal agreement? If you do i'd think you run the risk of your name being tossed around by these customers that your very flexible. I'd stick with pursuing enforcing the contract.