Contract partial refund

If you DONT stipulate a stance on refunds and you only have threshold meeting snow 6x, there will inevitably be someone at the end of the year who thinks that because you “base a contract price on an average amount of trips” that you owe them money.
I was raised by a lawyer. I cover my ass.
Never had anyone balk at my contracts because it’s spelled out clearly. If it’s not, then you leave room for lawsuits.
You don't possibly think that the rest of us Contractors does not have a attorney involved with a snow and ice contract. Do you?
 
OP
D

DarkHorse

Junior Member
Location
Rochester,NY
You said your father is a lawyer.... He was implying if your client threatened legal action, get your father involved since he is a "lawyer".... I take care of my own business too but I still have a lawyer, accountant, etc.... They get paid to take care of my business.
I didn’t say my father. I said I’m the child of an attorney..... which is my mother. Apparently you need to brush up on your reading comprehension. Lol
 
OP
D

DarkHorse

Junior Member
Location
Rochester,NY
I guess you need to run the hassle and financial loss equation on this one. if you gave him a full refund and cancel the contract out right, how much would you be out? Is it worth that to not have to worry about this client ever again acting the way he does?
Thank you. I decided to give him the three strikes option. At the next unreasonable outburst, it will be his last, at which time I will cut sling load. Always the early season purge....
 
OP
D

DarkHorse

Junior Member
Location
Rochester,NY
So now you're violating your own contract.

YOUR contract states no refunds, but you're giving him one.

I may or may not have given him a full refund if I had only done it once. Probably not.

Strange that you are so concerned about a refund policy but then you also have a clause stating you try to service everyone by 7 but you have zero control over the weather. You're in Rochester, you should know that lake effect could start at 5 and dump 3" by 7 with no problem.

I don't have any time frames in my contracts and refuse to provide one.

My refund policy states they owe all monies for services provided until the contract end date or separation date.
Just trying to be fair give. That it’s the beginning of the season and I don’t want the headache.
 

MSsnowplowing

PlowSite.com Addict
Location
Eastern CT
Had something happen early Monday morning, would like some feedback from other contractors. We met snowfall threshold 3” around 2:30am- there was about .25” of ice underneath which made for a slow go. I got a nasty gram at 8am- “I’ve already plowed- we should part ways.” At which point I was on his road.
I sent him a cancellation notice with breakdown for trips made with refund balance, he tried to strong arm me into a full refund, told me he would sue me, call the AG’s and BBB. I told him he may want to re-read the contract he signed, and to go ahead and have his lawyer reach out.
Last night, he emails me saying he would like to finish out the season with me.
Glad I’m the child of an attorney and know how to cover my ass. My contract doesn’t make guarantees on times. It addresses acknowledgement that we try to service everyone by 7am, but that extreme weather can make travel difficult, and that plowing will continue.
It also states “no refunds will be given for unused time or services set forth by this agreement.”
So, I feel like I’m being reasonable by giving him a partial refund.
Do I need to be worried about him escalating this to a lawsuit? I don’t have time for this ****. TIA

well you have two choices.
1. refund him the partial with a cancellation notice.
2. keep him as he said he wants to stay with you.

Me I would drop him like a hot potato with the threatening of a lawsuit and the AG and BB.

Also get rid of the 7am clause in your contracts.
Simply state you will start plowing at the trigger amounts and will continue until all clients have been serviced.

lets us know what you do
 

Indycorp

Member
Location
Glen Mills Pa
I've been in business for 27 years. I have been in your situation a few times. From what it seems you are dealing with a residential property and homeowner. If it's a few hundred dollars, have your mother draw up a release and have him sign it and give a full refund. Every time I have gotten into an argument with a customer over money, it has always cost me more time and aggravation than it was worth. The guy sounds like a real slime ball. You would be better off. If it's a few grand, bury him in a snow pile LOL.
 

Hydromaster

PlowSite Fanatic
Location
406
Had something happen early Monday morning, would like some feedback from other contractors. We met snowfall threshold 3” around 2:30am- there was about .25” of ice underneath which made for a slow go. I got a nasty gram at 8am- “I’ve already plowed- we should part ways.” At which point I was on his road.
I sent him a cancellation notice with breakdown for trips made with refund balance, he tried to strong arm me into a full refund, told me he would sue me, call the AG’s and BBB. I told him he may want to re-read the contract he signed, and to go ahead and have his lawyer reach out.
Last night, he emails me saying he would like to finish out the season with me.
Glad I’m the child of an attorney and know how to cover my ass. My contract doesn’t

make guarantees on times. It addresses acknowledgement that we try to service everyone by 7am, but that extreme weather can make travel difficult, and that plowing will continue.
It also states “no refunds will be given for unused time or services set forth by this agreement.”
So, I feel like I’m being reasonable by giving him a partial refund.
Do I need to be worried about him escalating this to a lawsuit? I don’t have time for this ****. TIA

And seeing as this happening in the beginning of the season you did the right thing and you need to drop him.
He’ll never be happy and in the spring if you dug up a little bit of lawn or hit anything you can be sure he’s going to have you Pay for having it fixed.

If this happened in January or February I would drop him with no refund .

Others may deal better with threats of being sued I don’t.
 

Top Forums

Similar threads

Similar threads

Top