I have a problem PLZ HELP

[Mijic_Bogdan]

Hi,

I am almost new to Tree Service. I started doing trees for about 1.5 years. This year I faced something that I really never expected to happen. I went to give an estimate for one tree to be cut down and bunch of other trees to be trimmed. This happened this year i the middle of May. When I told the owner what the price is he told me that he is just getting estimates at that time. All he asked me is to sign my estimate which I did but he never signed it to make a contact.

Now after 6 months he called me one day and told me to come and do the job and he told me that he refused to have a deal with other tree companies. Now I do not want to do the job because its too far. An hour driving maybe even more and its waste of time because the price that I gave was too cheap. My price was about 800 and the job is worth at least 1,600-1,800 .

This guy now keeps on calling me from a private number and tells me that I must do the job. He even left me some voice mails that attacked me and my company.

2 days ago I accedently answered his call because a private number called me but it was a lady. When I answered she told me her name and told me to wait for a second and all of a sudden it was a guy on other line. He told me the lady is from a state or something with a law and that they are recording me. He and her are making me to do this job which I dont want to do because contract was never made. He didnt even ask me at the time of estimate for a expiration. My estimate expired because its valid for just 3 months but the problem is that it is not written on estimate...

What is this guy trying to do and what he and that lady can do bad to me and my company. Please help me

 

[beowulf343]

I'm a little confused. Why give an estimate that was too cheap in the first place?

 

[jmcguiretree]

Sounds like this guy is a real idiot.Think about it , if he said that he won't work with any other tree co, is it that they don't want to work with him?Sounds like he is trouble and if you should do you job just to keep him quiet he'll most likely won't be happy with the finished job anyway.I say RUN,RUN,RUN .It was only an estimate and not a contract..

 

[Ekka]

I'm yet to find a law that compels you to do business with anyone, bid expired or not.

Tell him to take a long walk off a short pier.

In future have an expiry date on your bids, like 30 days or something.

 

[omegajim]

not an expert, but here's my approach

He and her are making me to do this job which I dont want to do because contract was never made. He didnt even ask me at the time of estimate for a expiration. My estimate expired because its valid for just 3 months but the problem is that it is not written on estimate...

You're not going to like this, but

1) contact a local attorney (if you're in a smaller town, you're in luck, otherwise this will be a pain)
2) explain the situation to the attorney
3) Explain to the attorney to contact Mr. pinhead that ANY BUSINESS TRANSACTION THAT WILL TAKE PLACE WILL GO THROUGH THE ATTORNEY.

That should shut him up. Unfortunately, it will cost 2 - 3 bills. :censored:

but hey, I'm just from Wisconsin and I've heard of nonsense along these lines before in other kinds of work and the end result is both parties finish business through "legal channels."

 

[JohN Dee]

Like Ekka said there arn't any laws that bind you to it(Here in Australia atleast). If you are still worried though tell him your booked out for the next 12 months and you can't get to him.

Last resort if it still goes on record the next 2 or 3 calls he makes to you, tell him that your recording it and tell him you can't do it - Now ring your local PD have the police warn him off harassing you if not charge him... Problem solved.

I really dispise people like that, so I really hope that helps you out.

 

[twoodward15]

Tell him you are booked and that you can do it on or around september 20th 2027. He is waiting in line like everyone else. You don't have a contract expiration on your contract, but you also never said when you would do the job. Give it right back to him. Did HE sign the contract yet? Doesn't he have to sign it to make it legal?

 

[maxburton]

Your offer of a price meant if they signed, you are compelled to do the job. Get a lawyer or do the work. You should put expirations on your bids from now on.

 

[trimmmed]

Your offer of a price meant if they signed, you are compelled to do the job. Get a lawyer or do the work. You should put expirations on your bids from now on.

I disagree, you need both offer and acceptance to bind the contract. He's not compelled to do squat.

 

[JUDGE1162]

OK first don't give an estimate for work that are too cheap for you to do the work? Not sure why you would do bussiness like that.

Second, ask him to send you a copy of the estimate, as you stated he does not have one, when he says he does not have one, let him know that since you had not heard from him in a while (act like you don't remember his job or the estimate) you threw out the estimate, remind him that it is was only an estimate and NOT a contract for work. That your estimates require the customer to accept the work within 90 days and that once the customer accepts the estimate, you will sit down with him and have them sign a contract for the work. Then offer to come and give him a new estimate which will now be $1200 to $1600 or whatever you feel is a good price (dont go up to much but go up a few hundred dollars. Tell him your prices had to go up due to the increased cost of fuel, insurance, equipment and when you gave him the first estimate that you were already in the area with another job that has now ended and you will now need to charge him for travel to his Site, which at $X and hour per worker, plus the cost to get the equipment there will cost an extra $X


The other option and might be the best one for you from a future bussiness point of view is honor the estimate you gave him, word of mouth is very powerful and he seems to have a big one. Like I read on another thread a happy customer tells the whole town a unhappy one tells the whole county.

Call him up, tell him yes you will be happy to do his work for $800 estimate, remind him it is an estimate and give him a contractor to sign which states that the $800 is an estimate and assumes x, y, and z. If for some reason x, y, or z does not happen or can not happen the job will cost $X amount more. Items to include is the job will be done in 1 day, all cuttings, chippings, mulch ect will be left on site(if he would like you to take it with will cost $x for hauling and $x for disposal. That the job can be done with a certian type of equipment and can be done on a flexiable schedual when you have a crew ithat is not booked. Tell him you are booked for the next few weeks, months the rest of the season, when I get an opening and I have a crew in your area we will be happy to do your job.

When you truely have an open day at least you have work for them and I bet the $800 for the day would cover your costs even if the job is worth more. He gets his work done for the price you offered and it does not cost you money due to missing other work.


In the future do not offer to do work at a price you are not willing to do the work for.

 

[B-Edwards]

I wouldnt do it, BUT I have in the past did jobs i realized later that i had under priced . Sort of punishing myself for being stupid. I did this with a relative and when all was said and done i lost out big i worked hard for nothing. But if he ever wants another job done by me he will pay Full price with no breaks. At this point we will probly not be friends anymore , so the question is should we not be friends because i priced a job for near nothing and took a long time to get there and do it OR should we not be friends because i refuse to work for him for close to free. Dont answer the question i just asked in a reply, answer it for yourself.

 

[jonseredbred]

eat it and do it, you are in a business to provide a service, you quoted the job, if it was too cheap shame on you. stop jerking the guy around, do the work, it gives all tree guys a bad name when you dont do work for your quoted amount.

just make sure he knows its COD, if you gotta work cheap make sure you get paid.

 

[Blinky]

I wouldn't work with somebody like that even if they sued me. He's trying to play games and he thinks he's got you on a hook. This is exactly the kind of customer you DON'T want. He will make sure he gets the best of you... it's just sport to him.

Signing an estimate is just that... an estimate. It's not a binding contract to perform work. Perhaps if you did choose to do the job, you would be bound to the price if you quoted rather that estimated. Otherwise, there is nothing binding you to him legally.

Contact your phone company and file a complaint for harrassing phone calls.

 

[arboralliance]

We've all been here before...

Hi,

I am almost new to Tree Service. I started doing trees for about 1.5 years. This year I faced something that I really never expected to happen. I went to give an estimate for one tree to be cut down and bunch of other trees to be trimmed. This happened this year i the middle of May. When I told the owner what the price is he told me that he is just getting estimates at that time. All he asked me is to sign my estimate which I did but he never signed it to make a contact.

Now after 6 months he called me one day and told me to come and do the job and he told me that he refused to have a deal with other tree companies. Now I do not want to do the job because its too far. An hour driving maybe even more and its waste of time because the price that I gave was too cheap. My price was about 800 and the job is worth at least 1,600-1,800 .

This guy now keeps on calling me from a private number and tells me that I must do the job. He even left me some voice mails that attacked me and my company.

2 days ago I accedently answered his call because a private number called me but it was a lady. When I answered she told me her name and told me to wait for a second and all of a sudden it was a guy on other line. He told me the lady is from a state or something with a law and that they are recording me. He and her are making me to do this job which I dont want to do because contract was never made. He didnt even ask me at the time of estimate for a expiration. My estimate expired because its valid for just 3 months but the problem is that it is not written on estimate...

What is this guy trying to do and what he and that lady can do bad to me and my company. Please help me

Mijic_Bogdan,

I've been watching and reading...

Your potential client is blackmailing you into doing a job you under quoted, is this correct?

So not only is he blackmailing you but also taking advantage of the obvious fact you are new to the industry and have obviously under quoted and naturally need to readjust your quote...

What you do will have no effect on the industry or your peers. Anyone telling you to do this job for any reason is also subject to the same laws of blackmail and the repercussions...

You should not do anything you don't feel comfortable or safe doing...

I didn't want to enter this debate, I don't mean to offend anyone, I am saddened by the views of some of our associates and the fear and intimidation used to force you to work for slave wages or in unsafe conditions...

Mijic_Bogdan you have absolutely no obligation to do this job at the price you quoted, you can re-quote this job and you can also take out a restraining order to prevent further harassment from this person or their agents...

Please keep us updated with your progress, regards, Jarrah

 

[Stumper]

Laugh at him. With a polite good humoured voice tell him that part of freedom is the right to refuse service to anyone and that A. since you gave a poorly figured estimate months ago you do not want the job now at that price. and B. Since he has been unpleasant you choose not to work for him for any price. Have a nice day.

 

[musch]

Time to tell him to go F himself.
End of story.
There will always be people like this in business. Toughen up and get on with your life, otherwise, if you give in now, it will go on and on.
Its like bullies in school. You take the first one down, and it gets easier after that.
Im not a lawyer, but you have no contract with the man. Guaranteed.

 

[JayD]

Old Under Estermated Quote

Hi,
I remember sitting in on a semimar in the building industry years ago and they had one of there top lawyers/ Barrister there and he basically stated that any written agreement between two parties,where the ordinary man can understand signed by both parties forms the base contract that will stand in court,the only thing that sets aside a proper contract is stamp duty on it,if you have to do the job,rack it up to experience it will keep you honed and alert for future quotes,always put an expiry date on and if you think necessary a subject to clause..all this comes from a seminar I attended about ten years back,I do not claim to have any legal experience at all..with me once I agree to a job we do the job to the letter and most times a little more for good faith..Hope this Helps.
All the Best

 

[musch]

WRONG.
He wrote an offer.
The man did not accept the offer.
He withdrew the offer.
Now, MONTHS LATER the man is trying to get the same deal.
No court (in the US, anyways), would or could force him to do the work.
The guy is just a troublemaker, and I stand by what I said.
I guarantee you this. If you do the job now, the guy already has you marked as a sucker, and he won't pay you. Besides, you shouldn't compromise on your values.
This is like trying to go to a store and buy items for the sale price they had last Christmas. Ludicrious.

 

[JayD]

Wrong? I don't think so??. Your Opinion I value

1/ He wrote an open ended quote:no expiry on it
2/The customer didn't refuse the quote:He didn't action it
3/There's no mention of withdrawing the quote.

Which brings you back to #1

If he has to do this work learn from it,allways time limit your quote,and subject to: whatever can bring you unstuck he'll learn this with time.

Now this customer is somewhat typical of the folk you meet doing this line of work,but this type of customer probably accounts for about 1 per cent of them,the good ones make up for them,what he needed to say as soon as the customer ID himself was that quote is old and I have to re-quote you as things change in 6 months this would have stopped it in it's tracks...this will work it's self out in the wash then we will be better informed,soon as they said there are recording this and you carry out a conversation with them anyway you are green lighting this as evidence..there being sneaky and there's more to it..ask to see the other quotes ring them up and see what went on you will probably find out the truth here.
All The Best

 

[musch]

You missed the part I wrote about his withdrawing the offer prior to acceptance.
He withdrew the offer upon or before the guy calling him, thus no contract.
Are you seriously telling me that the guy could come back 20 years later with a hand written quote, and demand the work be done?
Besides the fact, that he cant enforce the contract by forcing work to be done. There is no legal precedent for that.
Damages have to be proven, and in this instance, it is failure to reach an agreement. There are no damages, there is no contract.
This is like the opposite of buyers remorse.
This guy has no legal leg to stand on, and no moral one either.
Don't do the work, and if he continues to harrass you, you could even file a restraining order against HIM.
I don't know how stuff is done in Australia, honestly it might be different.
But up here? I know what I'm talking about.