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I have a major dilemma

Discussion in 'Commercial Snow Removal' started by fireboy6413, Jan 6, 2011.

  1. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    Ok so I have just lost a few accounts with a national co, any how in the contract it states they with hold the last payment of each location, to look for any damage done by snow removal provider. So that's fine, although they hired another contractor to finish out the season, now they told me that as soon as the snow melts they will send some one out to the locations to inspect each site and if the result is no damage then they will cut my check, No problem however we are getting snow tomorrow and they already have this other contractor in place to plow, So how are they going to determine what damage was caused by me or what was caused by this other guy, since they are not going to inspect before this guy comes in. So I need some advice on how to approach this when I call them in the morning. Any advice would be great, since I don't want to have to pay for some one else's damage. Also I want my money
  2. Rc2505

    Rc2505 PlowSite.com Addict
    Messages: 1,245

    Well, I guess lesson learned on the whole national thing. Anyhow I would go there and take pictures of everything, and talk to a lawyer.
  3. JohnRoscoe

    JohnRoscoe Senior Member
    Messages: 209

    Document your concerns in writing, either send a letter, or an e-mail. Be polite, honest, & reasonable.

    Good luck!
  4. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    I'm going down to each location at day break to take pics, yeh theses nationals are something else, I feel we did a great job, but it looks like they found someone cheaper. Im also going to send an email to every one I have been in contact with and state the same question.
  5. paponte

    paponte Senior Member
    Messages: 717

    Screw nationals. Been there done that. Good luck with the whole situation.
  6. Mick76

    Mick76 2000 Club Member
    from Maine
    Messages: 2,157

    They'll screw both you over and withhold BOTH (yours and the new guy) of your last payments for the damages done ..... good luck getting paid
  7. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    Oh boy not the things I wanna here, you know its hard enough out their just to meet your costs, its bad enough they want you their for free, just pay me.
  8. fireboy6413

    fireboy6413 Senior Member
    Messages: 396

    I guess ill be doing ROCK PAPER SCISSOR SHOOT come spring time with the new contractor. I can see it now, I don't wanna pay he don't wanna pay, we will both be sitting their repair any damage.
  9. Mdirrigation

    Mdirrigation Senior Member
    Messages: 413

    my question would be did they come out before you ever plowed and inspected the site , to have a basis . My second question is why would you sign a contract with that in it ? Sounds like you are going to get xxxxxx and not even kissed
  10. coldcoffee

    coldcoffee Senior Member
    Messages: 776

    I would reread, reread and reread the contract again, make a list of every item you can find that may be in conflict with your dilemma. Take plenty of pics, and build your case around your findings in a well written letter, mailed certified and maybe overnighted. Preferably, pay a cheap(er) lawyer a couple hundred to write the letter w/ a phone call. Just be prepared and have your argument ready for him, so it's simplified. In other words, make it look like it's something he can do in an hour or less. Chances are they have their bases covered way better than you, so try to get them on either a technicality or just look like a PIA, that isn't going away easy...beyond all of that, if all else fails...find the key people, and annoy the hell out of them, as well as secretaries...voice mail boxes don't count, be strategic. Write follow up letters in reference to the previous letters and phone calls. Make phone calls in reference to the letters. If your lucky, hopefully they just pay so you will go away. If you do it right, everyone in their corporate office will know your name.

    Finally, learn something and don't ever do anything like that again.
  11. xtreem3d

    xtreem3d PlowSite.com Addict
    Messages: 1,548

    who is the company? ............. just curious
  12. nor'easter1

    nor'easter1 Senior Member
    Messages: 143

    It's a loss my friend they will never send any "company Representative" to your sites sorry man!
  13. Fourbycb

    Fourbycb Senior Member
    Messages: 578

    For all those who have worked for a National Comp I have a question, When they say they are holding a payment to review property damage, what kind of property damage are they looking at chipped or cracked concrete , grass or bush;s damage , painted parking lines. Do those National Maintance Comp grasp at straws to scr** a person out of there Money. Not that I would ever work for one reading post's for the last few years about them, Just being nosey I guess
  14. Rc2505

    Rc2505 PlowSite.com Addict
    Messages: 1,245

    I have never worked for one, nor would I from the horror stories I have heard. I would guess they are looking for anything what so ever, grass, bushes, chipped curbs, shopping cart corals, I'm sure anything they can charge you for, they will. From what I have read, I wouldn't be surprised if they charge the snow plow contractor for the roof leaks, saying they were going so fast, it must have thrown snow up there too.
  15. northernsweeper

    northernsweeper Senior Member
    Messages: 397

    If the national your talking about is U-know who, then you can forget ever getting paid, and as far as taking them to court, you better read your contract. It states you cannot. It will end up in arbitration in pennsylvania, right where they are based out of. I would be curious to know how many cases this particular arbitrator has handled for U-know who, and how many arbitration cases with this particular arbitrator U-know who has lost. I would bet NONE. Do yourself a favor, don't loose any sleep over it. Promise yourself you will NEVER work for the boneheads again, and never have a decent word to say about them. Good luck!
  16. Matson Snow

    Matson Snow PlowSite.com Addict
    Messages: 1,985

    What was the issue that you Lost these accounts Mid-Season....:confused:
  17. jomama45

    jomama45 PlowSite.com Addict
    Messages: 1,190

    He states "price" from what I understand??? :confused:

    What kind of contract would allow the management company to shi%can the contractor during the season due to price?? This whole situation is strange IMO.
  18. Matson Snow

    Matson Snow PlowSite.com Addict
    Messages: 1,985

    Hmmm.......Ok....Thanks Joe....:salute:
  19. jomama45

    jomama45 PlowSite.com Addict
    Messages: 1,190

    Sorry, I guess I'm having one of those days.............. :waving:


  20. hydro_37

    hydro_37 PlowSite Veteran
    from iowa
    Messages: 3,790

    sorry man....but your screwed