If they don't pay, put a lien on the property and walk away. The property owner will quickly square away the contractor. If not, you will get paid when the property owner goes to sell the property by law (no circumventing this). It's not worth the hassle and stress of playing the bill collector. Property liens are easy and get peoples attention real quick.
Contractor unwilling to pay for work done
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John Paul Sanborn
Above average climber
DirtTroll said:
Once agian it all depends on wether the relationship is over or not. If it is 200 out of 35000, and you can still get work from them....
kujoe
ArboristSite Lurker
Only been ripped off twice - both times from contractors. The first one was last year, I had a logging company come in and take the main trunk after we got it down, contractor said that was too easy on me. The second one was this week, the guy kept putting me off saying the company hadn't paid him yet, put me off for two months then cut a check for less than the full amount, said if I wasn't willing to wait then I shouldn't get the full amount. Haven't cashed it yet, as he post dated it. And I also was told that if you cash a check for less than the full amount, it could be considered as payment in full, just like TipTop said above.
PTS
ArboristSite Guru
I wouldn't say cashing a check for less than full amount is payment in full but rather a payment toward the bill. Unless it says payment in full you would be fine cashing it. I would then send the contractor a statement showing a remaining balance. Show that it is past due and and then start charging intrest.
underwor
ArboristSite Operative
I waited on final payment for a big clearing job in 1974, about 3 months. Turned it over to a lawyer who had some inside info about a coming bankruptcy, which we did not hear about until it happened, he filed a mechanics lien and we got money plus 10% interest in about 2 weeks. It was a higher percentage of the job than you are talking about, so was worth going after. Did work for one of the parties several times after that with no problem receiving payment.
Lumberjack
Banned
How much money are we talking about? For 35 grand I would have had the depth of the stumps included in the contract. If they say they called and you say they didnt, they are the customers. If they can receit the money they paid another grinder to grind the stumps then they should have it taken off the bill IMO. Use it as a learning process, if you ever get another job for them write the contract to include everything including payment terms.
Its my SOP for anything over 1 grand.
Tom's idea is what I think on future work.
Its my SOP for anything over 1 grand.
Tom's idea is what I think on future work.
PTS
ArboristSite Guru
To me this makes total sense but I am here. The grade we ground to was fine at the time and according to their specs. They changed their specs after grade and changed the height of the terrace in which we ground. In this project they widened the road raised the road in areas which completely changed the slope on the terrace. When we did our part, the old road hadn't even been taken out yet.
However it looks like we are going to take this one in the shorts. I probably won't do business with them again. I put in our contract/bid that payment to be received within 30 days upon completion. They crossed that out upfront and stated that "you will get paid when we get paid" I however new that they were submitting bills to the city and getting paid every two weeks so I figured I would be OK. I guess I should have seen it coming.
However it looks like we are going to take this one in the shorts. I probably won't do business with them again. I put in our contract/bid that payment to be received within 30 days upon completion. They crossed that out upfront and stated that "you will get paid when we get paid" I however new that they were submitting bills to the city and getting paid every two weeks so I figured I would be OK. I guess I should have seen it coming.
boo
ArboristSite Operative
What about other tree services that we have subbed work from then get stiffed?
People like that give tree service industry a bad name, and hurts all of us however minor it may be. I've been ripped by 2 wanna-bees in the last few years.
It's sad that we can't work together and look out for eachother rather than get taken advantage of by someone we are trying to help.
In this last cheat, he had no right to attempt tree work as he knew nothing about trees or tree work whatsoever.
Can we post names and info about these people without getting sued, or do I have to keep it as "a red headed big fella from Greenfield Indiana named marc"?
People like that give tree service industry a bad name, and hurts all of us however minor it may be. I've been ripped by 2 wanna-bees in the last few years.
It's sad that we can't work together and look out for eachother rather than get taken advantage of by someone we are trying to help.
In this last cheat, he had no right to attempt tree work as he knew nothing about trees or tree work whatsoever.
Can we post names and info about these people without getting sued, or do I have to keep it as "a red headed big fella from Greenfield Indiana named marc"?
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BlueRidgeMark
Addicted to ArboristSite
PTS said:
Yep. That kind of language has no place in a business relationship. If it's not enforceable in a court of law, it doesn't belong in a contract.
spike-columbia
ArboristSite Lurker
Collection?
PTS,
I've been in business 13+ years. I have a company out of Texas that can help you.
Do you have a collection and default paragraph?
My contract states "if you default seller can assert full value of services
this means I charge you the fullest highest retail value period.... The price agreed upon is irrelevant!
When you receive checks for partial payment you should use a special
endorsement stamp. "seller accepts payment without prejudice and asserts all its rights without reservation".
DO NOT USE THE ABOVE - CONTACT ME I WILL GIVE IT TO YOU (it's on the stamp".
Hope this helps.
PTS,
I've been in business 13+ years. I have a company out of Texas that can help you.
Do you have a collection and default paragraph?
My contract states "if you default seller can assert full value of services
this means I charge you the fullest highest retail value period.... The price agreed upon is irrelevant!
When you receive checks for partial payment you should use a special
endorsement stamp. "seller accepts payment without prejudice and asserts all its rights without reservation".
DO NOT USE THE ABOVE - CONTACT ME I WILL GIVE IT TO YOU (it's on the stamp".
Hope this helps.
