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Commercial contract issue

Discussion in 'Business Fundamentals' started by plowin101, Sep 19, 2006.

  1. plowin101

    plowin101 Junior Member
    from ohio
    Messages: 21

    I signed a snow removal contract with a new customer this past spring. The manager of the complex stated that the reason he was getting rid of his old contractor was that "he did not live up to what he said he would do in his contract". i just recieved a call saying he did not realize he was in the middle of a 3 year contract with his old plow guy. How do i handle this? If the old guy didnt do what he said he would do wouldnt that void the deal? Thank you for any input you can provide.
  2. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    Sounds like you really need the help of a lawyer, as the laws in your specific state will be more influential than anyone here. Then, if you can pursue, you need to decide if it's worth the money and time.
  3. LLM Ann Arbor

    LLM Ann Arbor Senior Member
    Messages: 876

    Wow....what a mess.

    Bottom line for me would be does the guy want me to do his snow removal or not.

    This is why I dont use contracts. I just cant fathom working for someone who doesnt want me working for them, and I cant see you holding the guys feet to the fire and getting compensated for doing nothing.

    I could see you being compensated for your time invested and some minor damages...perhaps. But only out of a courtesy and fair play.

    Good luck.
  4. plowin101

    plowin101 Junior Member
    from ohio
    Messages: 21

    Thank you both for the advice.
  5. flykelley

    flykelley 2000 Club Member
    Messages: 2,127

    What it really come's down is can he get out of his old contract and at what cost. If you and him can agree on a price and what he needs done then the old plow guy is his problem not yours. Seems to me the ball is in his court.

    Regards Mike
  6. tjlands

    tjlands Senior Member
    Messages: 579

    You can get out of pretty much any contract if the work is not being done correctly, that is one of the reasons to have a contract. But to say this is why I don't use contracts is wrong and in my opinion a stupid way to do business. especially a business that involves snow and ice.
  7. jcesar

    jcesar Senior Member
    from Mi
    Messages: 492

    I would say that if you have a contract with the guy, then you stick to your contract. If he hired you, then do the job. Let him worry about the old guy
  8. LLM Ann Arbor

    LLM Ann Arbor Senior Member
    Messages: 876

    It's the age old argument here. I use a service agreement stating prices and expectations but by no means do I consider it a contract. Im on a first name basis with my clients too which helps but thats not to say some arent strangers.

    Im fully insured, provide proof, and do good work. If ya want me. Fine. If you dont, thats fine too. Im not forcing anyone to use my services any more than the grocery store is forcing you to buy a certain quota of milk per week.

    Its insulting to hear people being forced into using some of the services that they dont want because they are "intimidated" by a contract and a signature.

    I can see a contacts validity to show professionalism ina business setting where you are approaching a large organizationj thats used to signing agreements but the bottom line on a contract is that once you have to pull it out of the file and look at it....You're screwed.

    They are useless, redundant and totally un necessary if you are conducting business fairly, and honestly and if someone I work for isn't I'll kniow that within a few weeks if servicing the account.

    I cut grass and plow snow. You want it. Fine. Im not sitting in a courtroom, or threatening people that have given me work, or denied me work because last I checked this is a free country.

    Although thats getting a little vague these days with this administration.
  9. tjlands

    tjlands Senior Member
    Messages: 579

    Sorry but you implied no paper at all and no signature. Call it what you want service agreement, contract whatever, get it in writing or sooner or later it will bite you where it hurts!