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How would you guys deal with this?

Discussion in 'Commercial Snow Removal' started by AAA SnowRemoval, Dec 16, 2009.

  1. AAA SnowRemoval

    AAA SnowRemoval Junior Member
    Messages: 20

    I plow 3 different apt complexs ran by the same managment company. Last Wednesday we had the big storm come through, By 10.00 o clock I had them all cleaned up, Thursday I went back to do a clean up from the high winds drifting snow, Everything went good at the first 2 but the third one is where the problems started.
    After cleaning the entrance up I backed up to take care of the parking area ( its just a simple L shape lot) on my first pass this lady comes out asking if I was the owner, I said yes then it happened, she just starting *itching I left a big mess, broke the mail box etc. and Why an I there, I told her I did not break anything and it was very neat when I left at 8 oam clock yesterday and all the tenants move there cars except 2 cars, which was obvious looking at them. she told me all the cars were moved (take note she didnt get there intil 5pm she said) when I asked her who she was she said i'm taking ownership back from the management company, after a few words I asked her Do you want me to plow? she said no funds are low. I do have a contract with the management company which holds me liable. and you could not tell where the walks ended and the pavement started when I left there after she she she did not want me to plow.
    I have a letter typed up that I was going to give the management company tomorrow saying I will not be responible for any accidents from this date on due to the owners irresponsible behavior and the disregards of the tenants safety.
    Last edited: Dec 16, 2009
  2. iceyman

    iceyman 2000 Club Member
    Messages: 2,926

    well u better get it over ther quick or someone will look for a payday
  3. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    I think I'm lost. Your being paid by the management company and not her. Until you get a termination letter keep plowing,I think?
  4. elite1msmith

    elite1msmith 2000 Club Member
    from chicago
    Messages: 2,762

    id be with GV on that one, its ur a$$
  5. AAA SnowRemoval

    AAA SnowRemoval Junior Member
    Messages: 20

    There only in the office on Thursday. Correct last year it took four months before I got my first check from the management company. I also do irrigation work for them that I havent been paid for yet from October. I hoping it will be easy to get out of the contract for Non payment.
  6. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    You better jump ship now,your in deep now just piling it on won't help getting your money. Fire off a your own letter canceling and payment is do in full.
  7. chrisby316

    chrisby316 Senior Member
    Messages: 175

    i understand times are tough but why did you take the account back if it took 4 months to get paid? other work from them also? if funds are actually low like she said i think that you should definately get ahold of the management company and find out what the deal is.
  8. poncho62

    poncho62 Senior Member
    Messages: 431

    Doesn't sound like a company that you want to do work for, but what does your contract say?....I wouldn't bail right away without going through the proper channels for their non payment.
  9. RepoMan207

    RepoMan207 PlowSite Fanatic
    from Maine
    Messages: 5,039

    I would talk with the management company right away. Verify who she is to begin with. They may have no idea what she is up to. Keep it simple, and tell them your concerns up front. I would keep plowing until you have a cancellation notice. She signed a contract with the management just as you and they did. You are liable until its on paper, cover your azz for sure.
  10. AAA SnowRemoval

    AAA SnowRemoval Junior Member
    Messages: 20

    Non payment is just away for me to end the contract, even though I know I will get paid there just slow payers. I'm more worried about the liability of this one apartment complex.
    contract says 2" or more and to be kept safe etc, there was not 2" there but drifts all along the side walks were very bad and unsafe. I'm someone that plows when it is needed and not a trace plower. My name means alot to me and I dont want this *itch to hurt it over stupidity.
  11. RepoMan207

    RepoMan207 PlowSite Fanatic
    from Maine
    Messages: 5,039

    Now does she own (or allegedly own) the other properties as well. If not, keep in mine the management company will remember how you deal with this issue. Even if she does that would be the case. They should be made aware of what is going on in detail as soon as possible. Thats what they are there for to manage.

    From what your saying the management company only pays you once they get paid.?.? Or is the management company themselves a bit slow? I am lucky that is not the case with the few that I deal with. I've gotten paid on time even when the management company hasn't.
  12. Gr8WhiteNorth

    Gr8WhiteNorth Senior Member
    Messages: 227

    Definitely get the lady's name and contact info. Ask her when formal notification terminating the contract will be issued and let her know you will be fulfilling your end of the agreement until then.

    Also phone the maintenance co. ASAP and explain the situation.
    They would know if this appt is in financial trouble and if they think your payment is lilely to default. MGT will likely tell you the truth if they value your work. Try and work out a cheaper rate for reduced service if the appt complex is willing to negotiate. Otherwise, dump them with the non-payment if you can't work something out. Compromising on a cheaper alternative would let them see youvalue them as a client.
  13. AAA SnowRemoval

    AAA SnowRemoval Junior Member
    Messages: 20

    She is the owner of just this apartment building not the other ones. This is the letter I'm taking up there tomorrow morning. Should I add anything? I will have them sign it

    AAA Irrigation


    Due to my conversation with Cindy at NAME OF APT on Thursday December 10th, I will no longer be held in contract with name of apartments and management co.

    On December 10, 2009 Cindy, (the women “taking ownership” as she put it) told me to leave the NAME OF Apt complex and that my services were not needed due to financial issues. I was trying to clean up the parking lot per my plowing contract when she told me to leave with complete disregards to the tenants' safety. Being told to leave I will not be held responsible in the future for any falls or slips due to her irresponsible behavior. If this manner cannot be resolved, the contract will be null & void immediately.

    Your attention to this matter would be appreciated.

  14. ScnicExcellence

    ScnicExcellence Senior Member
    Messages: 352

    change the date on it too the 10th which is the day that you talk with the crazy women
  15. ponyboy

    ponyboy PlowSite.com Addict
    Messages: 1,104

    if you dont have a signed contract with cindy, the mgmt company can sue you for breach of contract and you are liable untill the mgmt company signs off on you stopping. What if she is just crazy she probally is a no body keep working till you have it signed the orginal contract
  16. RepoMan207

    RepoMan207 PlowSite Fanatic
    from Maine
    Messages: 5,039

    It sounds good. But again, the only thought I'm having is she doesn't have the authority to talk to you or ask anything of you directly. The way a management company works is that THERE your boss pretty much, any order, suggestions, or request has to come through the management company. It's just that simple. She....or whoever signed a contract just as you did to this extent.

    The other thing that bothers me about the situation is, she said she is taking ownership, and not "I am the owner". What exactly does that mean? Further more, it's not your place to interpret it. The management company is still responsible for paying you wither they get paid or not until which time you are released from the contract either on your doing or theres, but not the owner. Your still liable in my opinion until that happens. What does the wording of there and your contract say about termination?

    I think your going in the right direction with the letter, but I would think your better off to call the management company and explain exactly what happened, and what your thoughts are on the situation. You can go on to tell them you would like to terminate that particular contract for concern over liability.....or whatever terms, OR ask them to look into what is in fact going on and what they want you to do about the whole thing.

    Again, I don't think writing is the appropriate thing here. This is something that requires immediate attention and should be dealt with in an immediate dialog, not intermittent correspondence through email or snail mail.

    If this was me, I would have been on the phone with the management company before even leaving the lot, even if it meant waking up the emergency contact in the middle of the night.

    Good luck!
    Last edited: Dec 16, 2009
  17. AAA SnowRemoval

    AAA SnowRemoval Junior Member
    Messages: 20

    Thanks for the help I will be at the door of the management company tomorrow morning to discuss this, I know its been a week but I have no other contact number except for there new maintance man that just gave his 2 week notice already.
    I will let you know the out come tomorrow
  18. big acres

    big acres Senior Member
    Messages: 653

    Had a landscape crew at a single family home this summer.

    Lady pulls up and says she is a board member and we can't plant trees on that berm, etc... because the homeowner did not get approval from the committee.

    We tell foreman to pull off site until it gets straightened out... ate the travel for that day.

    To this day, no one knows who she was... just a crazy lady or neighbor sticking their nose in others biz.
  19. RepoMan207

    RepoMan207 PlowSite Fanatic
    from Maine
    Messages: 5,039

    My in laws went threw crap like that when they were building. The association president and his wife were crazy. Constantly yelling at the contractors, and workers whenever they weren't there....Total nightmare. Here they were dumping $500k to build there dream home and it was like being in prison and walking on egg shells even though all the plans and permits were already approved. I refuse to live in an association or co op. screw that.
  20. AAA SnowRemoval

    AAA SnowRemoval Junior Member
    Messages: 20

    Ok, After triing to chase down the manager today, I finally caught up with one this morning at the location of the problem, she is not the manager there she was helping the maintance guy salt the side walks. She said she heard what happened last Thursday, and agreed with me that the parking lot is a mess and needs cleaned up before someone gets hurt, but does not have the power to say do it. I told her I had the letter and she offered to send it to corporate office. She told me the owner is taking over intil a manager can be found for that site. She also thanked me for doing a good job at her complex which is very big.
    Now the said thing is when we were talking a lady opened her door and asked if I could clean up the handicap area for her sons wheel chair to get through, the manager told her no not at this point. after the lady went back in I told her I would do it, she said it could get messy if I dropped my blade and the owner found out. Please wait for corporate to get a hold of me.
    Last edited: Dec 17, 2009