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It's my contract...

Discussion in 'Commercial Snow Removal' started by cfpd0707, Jan 28, 2011.

  1. cfpd0707

    cfpd0707 Member
    Messages: 48

    I have a contract with a local business that has two different properties. I went out and did the work for my bid and we came to an agreement and signed a contract stating I have a two inch trigger for plowing and that I would salt when needed. The past two plows now, I have gone to the business and the lot has already been done. Also, the last two salt only runs, the lot has been salted. Both of these times, I have been there 2 hours before the business opens and I can't figure out why somebody else is doing it. This all started after one storm that I didnt get to before the business opened becuase of the timing of the storm (it didn't reach my trigger until after 10). I'm just wondering if I just let it go and go to the property sooner next storm, or if I should confront them and charge them some fee since I have their contract. The last salt run, I pulled in the lot right as the other guy pulled out. I tried to flag him down to see what was going on but he took off. I am trying not to make them mad however because they said they had a few more properties that they would give me next year.
  2. jklawn&Plow

    jklawn&Plow Senior Member
    Messages: 469

    I would take action on this yestreday. The line abouit more props next year should not sway you. Charge them for time spent and gas getting there and back. If they want to hire two services so they have a backup they should pay for it.

    NICHOLS LANDSCA PlowSite Veteran
    Messages: 4,362

    Why wouldn't you call the property mgr right after the first time?
  4. Rc2505

    Rc2505 PlowSite.com Addict
    Messages: 1,245

    A phone call at 4 in the morning whe you arrive at the job and it's already plowed is what would have happend if it were me. I have everyones home, and cell numbers in case of emergencies. You need to call and discuss the issue. Make sure you bill for the plows, and salt even if you didn't do them. You have a signed contract, so they owe you for the job, unless they inform you in writting that they are replacing you.
  5. trqjnky

    trqjnky Senior Member
    Messages: 620

    f that. charge them for the plows and the salting that you got jipped out of. act as if you were the one that did the work. they have to pay twice, well thats their dumbarse problem. they should have told you someone else was doing it, or stuck to the contract.

    also, if they are doing this to you, why would you want any more properties from them?
  6. bristolturf

    bristolturf Senior Member
    Messages: 435

    agreed you need to have all of your contracts numbers with back up numbers to contact them for any reason. Secondly I understand that its a 2" trigger, but what we do is put in our contract that if a snow storm occurs during business hours we will maintain the lot for every 1-3" of snow fall that occurs (drive lanes, open stalls, handicap areas, sidewalks, and then salt and ice melt as needed. What you need to be able to do with that is kind of feel out the client as to what they want. Some are fine if a few inches of snow accumulates before you get to it, others need it to be bare pavement at all times. But if that storm started at like 530-630 am when ever. I dont care about the trigger, id make sure that lot was serviced in some way before they open. And if they complain you can explain to them that while yes the lot is on a 2" trigger. Storms that occur in business hours will be maintained every 1-3"
  7. Raymond S.

    Raymond S. Senior Member
    Messages: 513

    Yup...call them up yesterday. I had a similar situation the first event of the season. Got a group of properties from a hospital. Had a property manager of one call me about noonish after the first morning and said that we needed to be plowed by 8:00 not 10:00. I was like "Yeah, we were there around 6:00." She said one of the nurses saw someone plowing the lot at 10:00 in a red truck. Well, we don't have any red trucks and the lot was black and wet at 6:00, and we didn't get anymore snow. Long story short, it was last year's guy that never got the memo. Guess if he's plowing a clear lot at 10:00 in the a.m. we now know why they looked elsewhere.
  8. paper65

    paper65 Junior Member
    from Quebec
    Messages: 16

    Why are you spending time asking others what to do ? You are the one that have deal with the manager and nobody here have any idea of the terms of the contract you have with it. Something is wrong for sure, Do you want me to go ask the manager what is wrong for you??? Come on, you need to have more leadership if you want to have success in buisness. You have to charge them but don't even think about billing this man before having clarify the situation. Take action cause you are not only losing this lot, you are actually losing the others you are looking for.
  9. mlars

    mlars Member
    Messages: 34

    Wow, this post was helpful.
  10. stacks04

    stacks04 Senior Member
    from ct
    Messages: 119

  11. Mdirrigation

    Mdirrigation Senior Member
    Messages: 413

    You have the contract , the lot was plowed and salted , bill them for the work , its your job , if someone else did it too bad for them .
  12. BigLou80

    BigLou80 Senior Member
    Messages: 558

    A few thoughts in no particular order

    1) you can try billing for work you didn't do, they might pay they might not. It doesn't matter to a judge that you have a signed contract. He is not going to rule in your favor to pay you for work you didn't do.

    2) If there was any question about when to plow you should have called and asked. Its called being an active leader

    3) The" helpful post " from paper65 is exactly that. He is telling you how it is with no love loss. I learned this the hard way, If you don't take charge some one else will and you want to be the one running your jobs.

    4) I don't think its an all bad idea to call the other company if you know who it is and ask whats up. If you have the friendly relationship you claim they should be more then willing to tell you who called them and why

    5) do you really believe the other company has some properties they are just going to give you next year ? If so why wait until next winter why not this winter ? If I don't want a project I tell the owner just that and refer another contractor. How can they " give" it to you anyhow ? its up to the owner/,manager not the current contractor

    6) You should have called the person you had the contract with the very fist time this happened. Maybe not at 4 am but at 10am when they were open. If I was the owner I would assume you didn't care about my job after the first storm and no call
  13. RLM

    RLM PlowSite.com Addict
    Messages: 1,270

    Then whats the point of having contracts with clients ? He was contracted to do the work , showed up when needed (according to him), etc. If clients didnt sick to there end it would be a free for all, I got here first situations.
    They hired him, didnt terminate, he needs clarification at least, & should be compinsated, I know in NY we would be & I have sued clients that breached 2 season agreements after the first season (went with someone else for the second season) & gotten monies awarded from them to us by the arbitrator. Even though we didnt move any snow durring that season for them. If they wanted to terminate they shouldve sent proper notification to allow him (or us in our case) to fill that time slot. In my opion that is what we sell is time in our schedules, not the actual act of pushing snow, some will argue that, but that is truly what it comes down to.
    Last edited: Jan 28, 2011
  14. dforbes

    dforbes Senior Member
    Messages: 247

    I had a similar situation about 10 years back. The owner of the property had alzhiemers and was not active in the business anymore. He signed a contract with one company. His daughter who was running the business signed a contract with me. The other company only plowed it once. You need to get on this now. Whatever the problem is should be able to be taken care of with a simple phone call.
  15. 09Busa

    09Busa Senior Member
    from NY
    Messages: 138

    Because he is asking for advice As you can see, there are a couple of different takes on this. I'm sure we all need advice once in awhile.
  16. ppandr

    ppandr Senior Member
    Messages: 619

    Instead of wasting time posting here, you should have called the manager the next chance you had. Maybe not at 4am but surely by the open of business the first time it happened. You have no idea whether the other guy has insurance or a contract. What if someone slips and falls, who is responsible? You can bet you are getting named in the lawsuit.
    Pick up the phone, many problems can be solved by simple communication.
  17. SnowMatt13

    SnowMatt13 PlowSite.com Addict
    Messages: 1,559

  18. watatrp

    watatrp Senior Member
    Messages: 119

    If you have the contract and someone else plowed it, I'd charge them. Now if the owner has two people contracted to do the same lot, that's another story. If you charge them and the other guy wants to get paid, how is he gonna prove that he did it? You have the contract. I certainly can't expect to get paid for a lot I plow when someone else has the contract. A simple phone call to the owner should fix this problem.
  19. JB1

    JB1 Senior Member
    Messages: 182

    maybe post a poll of different things you could do, and we can pick the best idea for you to do.
  20. cfpd0707

    cfpd0707 Member
    Messages: 48

    Thanks for the help guys. I know I should have called right away but I just thought it was a one time thing or the guy didnt mean to plow it. I called the owner the other day and talked with him. He said that it was because the other business that is in one of thier buildings called somebody they knew to come and do it when I didn't get to the lot before they opened as I stated before. I told him that this was because of the timing of the storm and he said that he was sorry and would talk with the other business owner. I guess she is rather picky... Well we talked for a little about when I need to plow the lots which was to my advantage because now I can plow the lot or salt whenever there is any accumulation! Thanks again for the advice, I guess I'll call right away if it ever happens again.