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good story on a lost job

Discussion in 'Commercial Snow Removal' started by snowcrazy, Dec 2, 2014.

  1. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    so I have plowed for a particular fast food restaurant for the past 3 years. No complaints and I have always had the place taken care of in a timely manor. I contact store level management to ask them about this years contract. Fella saids that the owner of the restaurant will be on vacation for a few weeks but if we get the snow were supposed to get to please plow and they would be sure to get me paid. So it snows a few inches I plow and salt and move on. They like to be billed per every storm (pain in the ass but whatever) so I take the bill up. Manager saids hes still not heard who they have decided to go with but as soon as he figures it out he will call me. A few days later the OWNER calls and asks if I need a copy of the signed contract for my records. I said yes just send it to the address on the top of contract and I thanked her for sticking with me. Well, the contract never came in the mail. I honestly wasn't worried about it as they had been great to deal with in the past. Next thing you know I have one of my buddies call me saying that someone called him (he plows also) about plowing there and wanted to know what was going on?? I told him that there must be some confusion somewhere because I was told they were going with me and the contract was supposedly in the mail to me.

    Soooooooooo A few days later im fishing on my boat and my phone rings. didn't recognize the number let it go to voicemail. come to find out it was the owner again. She left me a message that she was sorry but they had decided to go with someone else. At first it irritated the hell out of me but after catching a bunch of fish I forgot about it for the day. The more I thought about it the more It made me mad that I had turned down several potential snow contracts because I was "fully booked" with as much work as I feel I can get done in a timely manor. SOOOOOOO I decided to call today (a week after the message). I get the owner on the phone and explain that im not calling to start an argument or to get the job back but did feel that it was important that they should know that in the future it would be nice for them to give a little more heads up in this situation. The lady asks "why"?. I explained that I only take on X amount of work and no more because I want to be able to serve my customers in a timely manor. I explained that I turned down work because she told me that I had the job and that the contract was "on its way". To my complete disbelief the lady starts apologizing and states that that was not good business practice and that she felt bad about the situation and she needed to call me back. 2 hours later she calls me back and lets me know that she appreciated the phone call and that there goal is to take care of the ppl that serve them with a good service as I have for the past 3 years. She explained that she owns several chain restaurants and that most of them were in one town EXCEPT for the one I do so her and her husband decided to let the fella that did all there other restaurants take this one also. She said after discussing our phone call with her husband they decided to stick with me.

    I cant believe it worked out. Just goes to show you never know until you make that phone call. Glad I did. After the warm fuzzy phone call id say we will be business partners for years to come. I hope so, its a good account............ Sorry for the long read...... Thought id share. As you all know, most times the owner never even would have listened to you in this situation so it was nice to get to deal with an owner that had a heart.
  2. BUFF

    BUFF PlowSite Fanatic
    from FR NoCo
    Messages: 9,083

    A great example why when you're pissed it's best to cool down before you make the call, nicely played.Thumbs Up
  3. MK97

    MK97 PlowSite.com Addict
    Messages: 1,057

    Good to hear you got the contract back after the mixup.

    I'm dealing with a somewhat similar issue with a fast food chain. I handle all their accounts (management companies runs them) and have for 3 years. I deal with the second in command and occasionally a DM. Well after simply asking to check on some invoices I didn't have stubs for from the account, I get a nasty email from the head lady (total bi*ch). First time in 3 years I have had any contact with her. I left it alone for a day before sending a reply nicely stating it was their accountant that screwed up.

    Never got a reply, but the second in command contacted me that the missing invoices are being paid, and everything seems fine now. However it left me fuming, and I'm still considering not providing any more services. Don't appreciate my practices being called into question when I wasn't the side that made the mistake.
  4. rjigto4oje

    rjigto4oje PlowSite.com Addict
    Messages: 1,380

    I have a small strip mall ive done it for the past 6 years last year mid season it was sold the new owners contacted me to continue services this year iv emailed them never a response called never a response texted never a response so when the snow flys maybe I'll be a no response
    Sounds like there are dic* heads everyware
  5. Antlerart06

    Antlerart06 PlowSite Veteran
    Messages: 3,437

    I done one for 30 years and this year She hired a new one So I went in and ask She told me that company she hired told her I sold out wasn't pushing snow anymore.

    So she said she was sorry. She said she should called me but she didn't. Funny part is she is paying more with this other company She told me, she wants to come back I told her I'll think about it.
    I find out my old customers I have, its hard to raise there price. So on this lot might be good she had someone else doing it. Come next year, I'll give her a price just under what she told me which is about 30% higher what I was doing it for last year.
  6. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    What really would irritate me about that is the fact some a hole lied and said you went out of business........ Yeah as an above post stated there are a holes everywhere........ I plowed for a large strip mall in my hometown (mowed the place for 14 years) and was on first name basis with them...... Made me feel like I was somebody...... Last year Decembers bill was late so I contacted them and they said checks on the way..... As you all know from Ohio January was crazy for us...... All of a sudden there late on two months in the amounts of $2,210.64 and 4,560.00 for those two months..... I called and let them knkw I needed paid immediately or no service would be supplied for the upcoming large storm..... They told me by email, and text that the checks were on there way and please don't leave them hanging.... I didn't I plowed two storms that weekend....... Next storm rolls in and all I'm doing is a drive by and wasn't going to plow it...... I was already replaced...... In the middle of a lawsuit which I have already won by default judgment because they never even showed for court..... Total amount with lawyer fees $ 11,650............ I'll probably never see it.... Our justice system sucks..... If someone owes you money they should be given x amount of time to pay or they can go to jail...... Funny how you can win, put a lien on a property and still not get paid..... There not hurting for money that's for sure.... They just saw an opportunity to screw someone and did......... 11,650 may not sound like a lot to you big shots but when you took that right off the top It took my best year and made it my worse........
  7. Buswell Forest

    Buswell Forest PlowSite.com Addict
    from NH
    Messages: 1,668

    I would take out a full page ad in the local paper every Saturday until they paid me....
    And it would be posted on every social media site too...Facebook, twitter, reddit, every feedback on every store website in the place...
  8. Sawboy

    Sawboy PlowSite.com Addict
    Messages: 1,700

    Exactly Buff! I was gonna say the same thing. Stay calm, stay classy, and stay professional.
  9. rjigto4oje

    rjigto4oje PlowSite.com Addict
    Messages: 1,380

    Staying calm is hard to do when you broke your a$$ last year. If the dont pay and you won the case i hope there is a lien against them, the first place for social media is right here
  10. peteo1

    peteo1 PlowSite.com Addict
    Messages: 1,660

    I'm no lawyer but I think they can file that under slander and then you're kind of shooting yourself in the foot. Best thing I can think of is to quietly tell other contractors. If your city is anything like ours, bad word spreads faster than wildfire
  11. BUFF

    BUFF PlowSite Fanatic
    from FR NoCo
    Messages: 9,083

    There's a time and place for everything, the OP was trying to understand where the disconnect was the contract.
    When it comes to collecting late payments you have to be cautious in how you handle yourself as it can come back to bite you and don't let emotions lead the way.
  12. rjigto4oje

    rjigto4oje PlowSite.com Addict
    Messages: 1,380

    so how long does he have to wait ,a year, who and when can notify that these people don't pay the B.b.b
  13. Antlerart06

    Antlerart06 PlowSite Veteran
    Messages: 3,437

    I understand
    Last winter was a very big winter for me and people drag there feet on paying
    It be hard to live without 11k
    It wont last long, I clean lots on both sides of this lot. Last storm wasn't much talk about for depth 2''. They was using a open cab Mule look like 72'' plow to clean it. I cleaned 2 lots and they was still there when I pulled out.

    People lie all time Like during summer time on big bids. Customer wants reference on jobs you do. So I always write down the jobs that really shows the lines when you drive by.
    I get a call ask me come in they had problems some the bids.
    2 other contractors not from my town wrote down they do this one lawn I wrote down for a reference. I told them did you call the number they will tell who mows there lawn.
  14. Brian Young

    Brian Young PlowSite Veteran
    Messages: 3,394

    Well played my friend! I try so damn hard to keep people happy as most of us do but Ive had things like this happen to me before and Ive learned to do what you did, not that we got a contract back but we've had them come back the next year and stick with us since. We actually have an account that switch between our company and another every other year because of a mistake they made years ago and it's worked out so far.
  15. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    Oh I have the e-mails and texts I sent them and I was very nice the entire time. For one thing they were great customers in the years past so I figured it was just a mistake on there end.

    As far as the full page add, TRUST ME I have already thought about it. I would love to hurt them in any way possible as this is beyond personal now since they bold faced lied to me about the checks being on the way. Plain and simple they saw an opportunity to screw a contractor out of over nearly 10 grand and that's what they did. My lawyer flat out told me I could be in a world of trouble for putting this in the paper because in the laws eyes they "owe" me the money and haven't "screwed" me... I call it getting screwed but the lawyers these days try to keep on the cautious side of things so hes just doing his job trying to keep me from shooting myself in the foot.

    Where the problem lies is If I did put it in the paper it would hurt the small local businesses that are tenants for these ******** that own the shopping center...... What kills me about this entire deal is the guy they hired I knew pretty well. He knows everything that happened to me and still is doing the work for them. the funny thing is he was paid almost immediately for the two storms he did have to cover last year........ Its amazing what some ppl will do to draw out a situation like this. The subpoenas were sent out to 3 ppl which were the owner, office manager which sent me an e-mail stating that the checks were sent (she even included the amounts the checks were for!", and my boss which was just a pee on for the company which sent me the text messages stating the checks were on there way and not to leave them hanging. I never knew how subpoenas were delivered but I guess they are delivered by certified mail. they denied these for nearly 3 months upon delivery and after that I guess they are sent via regular mail and they have so many days to respond. They never did so trial was set and they were sent notice. none of them showed up nor there lawyers. My lawyer said he had never seen a business of this size not show up and he was boggled by that. Its simple, if a judge doesn't have a way to "take" this money, there not going to wright out a check. Plain and simple.....

    There is more to this story that actually just adds to my fury. They have always had a 2" trigger for plowing and they were sticklers on that issue. I asked them about ice as it wasn't in the contract they said accumulation is accumulation and if there wasn't 2 " I was to salt only. We all on here know that's ******** but I went along with it (my fault)..... in the midst of me calling, texting, and emailing them about my two months due we got a half inch of ice dumped on us. Folks from ohio will remember this storm as it was actually an easy push. drop the plow and it would peel it up like a puzzle all the way to blacktop. anyways, I was at that shopping center at 5am just as the storm was ending.... I showed up there before anyone else got serviced. I threw my allowance of salt which was only 30 bags which they would not up for situations like this. I saw the manager of the grocery store pulling up. I explained that I knew dam good and well this wasn't going to work but I could only do what I was allowed to do. He agreed and understood my point. so I left and plowed for about 10 hours at all my other locations because they are no tolerance per my contract. my phone rings and its my boss from the strip mall stating that the drs office called along with a few others and stated I hadn't salted yet. it told her to call The grocery store and ask for the manager as I did it over 10 hours ago. She demanded that I get both my trucks up there and plow. I told her that was fine but she needed to realize this was THERE FAULT!!! I got there as soon as I could and by this time the temps had plummeted and the ice was like concrete. There wasn't **** I could do. It was knocking the hell out of my truck. I called them back and told them the situation........ They didn't like what I had to say which is that had they listened to me years ago they would know this would have never happened because I could have plowed it up no problems but now its to late. She continued to ***** and moan and I stopped her dead in her tracks and told her I couldn't believe that she had the nerve to tell me off as if I owe them this great service when at the time they were late on two months worth of payments. One of the dr.s from the drs office in that shopping center fell and hurt his arm. Luckily that dr was my next door neighbor and knew exactly why the place wasn't done. He is one of the folks that will be standing with me in court along with the management of a clothing store and the grocery store. I did send the owner one last text about 2 weeks ago stating that I found it to be quite mind boggling that he didn't care that several of his tenants were going to have to miss work to be in court representing me because they decided to screw me out of money. never got a text back........... Its been hell.... Karma is a ***** I hope they have to answer for this someday. That was a ton of money and it really hurt me as I had done paid a driver, put a **** ton of salt down all winter including peladow on all the walks. Whatcha gonna do. Im going to give this a little longer and there will come a time when I will not care anymore and put this in the paper along with plaster the folks on THIS SITE.!!! They own several shopping centers/malls in ohio, ky and Indiana........
  16. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    This is exactly what I asked my lawyer. He said there is no time they have to pay by. They just "owe" me the money. From what Im understanding, these folks cannot sell the building nor refinance on the property until I am paid. These folks got money and they have owned the building a long time. Don't see them selling it any time soon but hey, maybe I will see my money in 20 years. lol

    I told my lawyer this was ******** and they should only have a certain time frame to pay. he said thata just not the way it works.......... How freaking sorry is that!!!!!!!
  17. Doughboy12

    Doughboy12 PlowSite Fanatic
    Messages: 6,698

    There are further legal steps you can take...start by getting a better lawyer.
  18. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    Not made of money man..... Wish I was........ I'm already out two grand as it is........ This is one of the best lawyers in my area.... Like he said winning is one thing, collecting is another.... Not sure what to do next but I'm not dropping another penny.... I can't.... I'm already out to much on salt, hourly labor and lawyers..... Enough is enough...... I know it sounds like I'm giving up but I'm not gonna keep working to give it all to lawyers....
  19. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    You need to go back to your lawyer.
    as I don't think he gave you the best advice.

    I sued someone for some $$$.
    I could put a lien on their property and wait and wait.
    I could take it from their bank account or a wage levy.

    You then file a notice of entry
    and docketing of judgement.
    it then read into court by the judge who presided over the case.

    The judge then sends you a Writ of Execution.
    this "commands the sheriff to satisfy said judgement"
    so off to the sheriffs dept. with the paper work you go.

    When the sheriff serves their bank and their account is frozen.
    This gives the bank 30 days to respond in writing to the sheriff. 14-21 days for a corporation/business accounts.

    they then send a check to the sheriff who waits for it to clear. once it has cleared
    The sheriff will mail a check to you with interest.
    Last edited: Dec 3, 2014
  20. Doughboy12

    Doughboy12 PlowSite Fanatic
    Messages: 6,698

    Thanks SnoFarmer... Your situation is what I was referring to...:waving:Thumbs Up