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they want something that isnt written in the contract, so its not valid and was never agreed upon
if the course was never in the contract there is no legal binding agreement to take the course, from my experience if someone does something like that it will never be the last time they do it to you
Haplo
ArboristSite Operative
The contract is valid, additions to the contract are not unless its about compliance with law
If they tried to add a tree, you would not be legally bound to do that extra work, but you would be bound to the original contract
is the osha course in the original contract? no? then his employees dont have to take it
Rabid K9
ArboristSite Guru
Expecting the company managing the project would understand the contractor mobilisation costs.
Personally, would aim to negotiate a compromise in your favour & also set somewhat of a line for future negotiations.
Option one lets them push you around, you can be sure the company has a large sub-contractor margin.
Option three may be construed as pushing a bit too far.
Would probably angle for costs, plus approx 50% of lost turnover (somewhere around $3-3500) due to short notice & variation in contract scope. Did you have something written into your side of the contract to cover variations? That way you show them you are willing to flexible & adaptable to achieve tasks, but you are also running a business & need to make a profit to continue offering the service they require.
I would also aim to be directly dealing with the contractor manager or like, rather than through a third party like admin, who will be no doubt following a black & white script.
Rabid K9
ArboristSite Guru
With all due respect Zin, some more experience & skin in the game might be useful here.
Mike is also considering the longer term, along with a number of employees relying on his decisions.
Negotiating & adjusting to the challenges of business are important, walking away is the soft & arguably worst option here. It's a perfect opportunity to set a level for a potentially ongoing commercial relationship.
Thanks for the help guys.
They agreed to pay us at cost for 2800. We've had a very good week so far so I'm ok with not making money on the training. Probably good for us anyway! Friday will be a long day watching osha videos!
I definitely would not have wanted to walk out on this project. Craning out 7 trees in a court yard.... and craning in 2 stump grinders. It's gonna be fun! I actually hired a photographer for it and will be sure to post some pics.
They agreed to pay us at cost for 2800. We've had a very good week so far so I'm ok with not making money on the training. Probably good for us anyway! Friday will be a long day watching osha videos!
I definitely would not have wanted to walk out on this project. Craning out 7 trees in a court yard.... and craning in 2 stump grinders. It's gonna be fun! I actually hired a photographer for it and will be sure to post some pics.
Helmstein
ArboristSite Operative
Sounds like a blast!
having employees complete an osha 10 course is standard procedure for all federal and most municipal projects today. kind of like having a drivers license.
Glad you did not listen to a young kid with a 'know it all' attitude,,lol
Jeff
Jeff
mike515
ArboristSite Operative
Did a fun thing today. Ran our larger crane with a guy in the bucket who has never done crane work that big before. He was ready. He's spend plenty of time in the bucket, he's worked with our smaller crane, he's ran the smaller crane from the ground. It was his day and I was on the crane. He is a guy with a really laid-back, calm demeanor and he does good work.
But...our conversation after his first hour or so up there: (we took a little break)
Me: So what do you think about your first time moving some bigger stuff?
Him: I've never trusted someone so much in my entire life! It's f*cking scary but it's exhilarating! I love it!
Then some of our other guys pulled up on our job site from another crane job site. They asked him how he was doing and he said he just about sh*t his pants up there a couple of times but he was ready to get back up there.
That's the spirit! It might get scary but we've been doing this for a long time and we aren't going to let you get hurt.
Fun, fun day. I love craning trees. Literally half the time I spend on job sites is running cranes. The other half is doing grunt work to get the jobs done.
But...our conversation after his first hour or so up there: (we took a little break)
Me: So what do you think about your first time moving some bigger stuff?
Him: I've never trusted someone so much in my entire life! It's f*cking scary but it's exhilarating! I love it!
Then some of our other guys pulled up on our job site from another crane job site. They asked him how he was doing and he said he just about sh*t his pants up there a couple of times but he was ready to get back up there.
That's the spirit! It might get scary but we've been doing this for a long time and we aren't going to let you get hurt.
Fun, fun day. I love craning trees. Literally half the time I spend on job sites is running cranes. The other half is doing grunt work to get the jobs done.
we got the crane re-scheduled for the dead oak ive been planning, after explaining the situation (another guy called and told them not to show up, I upset him by telling him he cant show up to my job and "train me" and demand money, when in reality he will tell me to stay on the ground and do the tree himself and demand half the pay)
im a little nervous, especially because this crane company (only one in town that even answers the phone) refuses to use comms, its all hand signals, atleast there is nothing stopping us from using them
sounds like a retarded crane company. are there banjos playing on their answering machine message unit?
mike515
ArboristSite Operative
Crane companies around here won't even do trees as far as I know. We own our own cranes so we can do whatever we want with them.
nah, their answering machine is whoever isnt busy, half the time you call the guy driving the crane to a job and cant hear what he is saying
crane is my next big purchase, too useful, and cost to much to rent every time I need one
How many hours of crane work have you done? I'm genuinely curious
zero
however, the guy "training" me is stoned out of his mind, or on Adderall any time I see him, demands money for everything, and doesnt show up when im paying him for stuff anyways
better off working without him, crane company does trees 3 days a week so I can ask the operator for anything I dont already know
Just another day of being… well, The MDS.
I don’t think he’d have anymore of an idea what to do with a crane then he would a… ahh, never mind….
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