Show up to do a job and it is already done....

[Sunrise Guy]

Could you post some of the things that are in your contracts so that some of us could steel some of you idea's

No way. There are liability issues involved with doing that so------

 

[Sunrise Guy]

In N.Y that signed proposal does not mean squat if no work was performed. I have custom proposals with our buisness name and terms and conditions but even if the home owner agrees to the contract and signs it they are not obligated to honor the contract untill you start the job. Then the contract is legally binding and will hold up in a N.Y. court. Always put things in wrighting and try to get signed contracts it protects you and the home owner from descrepency's.

Hmmm---So cancellation clauses are outlawed in NY? Maybe I'm not understanding things.

 

[custom8726]

Hmmm---So cancellation clauses are outlawed in NY? Maybe I'm not understanding things.

Cancellation clauses are a seperate issue that I am not familar with. If a customer has a change of heart and decides to cancel a job before I start then thats there perogitive and I just let it go. I was referring to a customer for instance signing a contract and then hiring another company to do the work. You are SOL.. Even if you have a signed contract unless you previously started the job and that does not include showing up for a free estimate.

 

[treeman82]

The way I see it, a contract is only as good as the people who are writing and signing it. If they want out badly enough, they'll find a way. Last year I showed up to do a job I had approval for... get there in the morning, lady comes out... sorry, we got somebody else who is going to come and do it for less. To say I was MAD, was an understatement.

 

[CLEARVIEW TREE]

Call them up and say you finished and that you are now sending out the bill, ask if they have any questions.
It happens a good bit but once when it happened to me I sent the dumb ##### a bill and she paid me, dumb #####.
But sometimes if I show up and the job was done by someone else I ring the doorbell, if no one answers I go in and rob them, at least I take the patio furniture. Why bother with a court case? Do you know what a good patio umbrella goes for? Something like 400, that should cover your loss fairly I think.

I dont reccomend taking someone elses stuff when you've been had. That's stealing and it's wrong ya know! I feel the pain though. I showed up once for storm dmg removal and it was already gone(i had gotten there 45mins. after she called me too.) Turns out this wealthy lady, big house, big attitude had a rotten 30 ft tall tree fall across her driveway. She had the neighbor cut it out knowing she had agreed over the phone to my hourly rate and i was in route! So when i got there and realized the deal, i was nice and said" You could've called me back and let me know you had it done, but i just drove 35 miles over here to pigeon forge for you and here's your invoice for my time and fuel"! She wrote me a check and to benefit herself she wrote "Donation for the Re!!!! Dumb beatch!!! Well got me a couple tanks of fuel out of it. Her arrogance cost her ya know!!!opcorn:

 

[Sunrise Guy]

Cancellation clauses are a seperate issue that I am not familar with. If a customer has a change of heart and decides to cancel a job before I start then thats there perogitive and I just let it go. I was referring to a customer for instance signing a contract and then hiring another company to do the work. You are SOL.. Even if you have a signed contract unless you previously started the job and that does not include showing up for a free estimate.

OK, let me go "out on a limb" here. I do NOT believe you are SOL.

First my disclaimer: I am NOT a lawyer and anything or everything I say here may be WRONG as determined in a court of law in your locale. Get the advice of a licensed lawyer before you institute any changes in your legal documents. That being said---

If you have a cancellation clause that says something like:

"Once this contract to do the above-detailed and described work is signed, the party signed below, as the Contractee, shall be liable for a cancellation fee payment of $*** to the above-named Contractor, in the event that the Contractee decides to either have the work done by another party or decides to not have the work done, at all. Such payment, as above, will be due no later than ten days after the Contractor is notified or becomes aware of such a change, as noted above."

I cannot see how a person giving you the shaft will slide by this clause, in court. Yep, you'll be out court costs, initially, but if you win, the person giving you the shaft will get stuck paying you back for those costs, too.

Again: I am NOT a lawyer and anything or everything I say here may be WRONG as determined in a court of law in your locale. Get the advice of a licensed lawyer before you institute any changes in your legal documents.

An interesting aside: I was hired to do a summer gig for this couple. I had a feeling that they were both :censored: and I didn't trust them, one bit. I drew up a Contract for Employment which detailed what I would make for the summer, and that I was to be paid the full contract price, even if I was let go, for any reasons, other than gross negligence. Well, this couple's operation fell on hard times because they didn't know what they were doing. Sure enough, the woman told me, after I picked up my first check, "We're going to call it good, here. You don't need to come back next week. We can't afford you." "Fine," I said. "You will need to pay me the remaining amount on our contract within thirty days." "We've never had anyone have us sign a contract, before, so forget getting paid any more from us!" "OK, I'll see you in court. We have a contract, and I expect you to honor it!"

Guess what? A day before our trial, I received a call from the woman's attorney that offered me $2000 of the $3000 they owed me. As I had already gotten another gig, only two days after I was canned, and as I had made better money on that gig over the summer, the two G's were gravy. I took it, rather than hassle with a trial, where I am reasonably sure I would have prevailed.

The moral of the story: GET IT IN WRITING! (Thanks Mom and Dad!)

 

[CLEARVIEW TREE]

Cancellation clauses are a seperate issue that I am not familar with. If a customer has a change of heart and decides to cancel a job before I start then thats there perogitive and I just let it go. I was referring to a customer for instance signing a contract and then hiring another company to do the work. You are SOL.. Even if you have a signed contract unless you previously started the job and that does not include showing up for a free estimate.

If i go out and look at a job, they agree to the price and details, and i get a written agreement on my proposal, that (usually) binds me to the job. Here's why- after the proposal is signed i drive to get supplies(ie, saw chain, bar oil, fuel up the truck,etc.) paying for things for the customer to get the job done as agreed, go home prep all gear, load gear,etc. then next morning go to the job. Hopefully not but, if they were to say "well we changed our minds and we're gonna wait"(only had it happen once, but be prepared) i in return quickly change their minds when i say "well, yesterday when you signed the contract, and i left and spent my time and fuel gathering up the necessary items for the proper completion of your agreed work and now here i am spent my time and fuel and show up on time to do the work", "well mam/sir heres a bill for my time and fuel thus far, that's as fair as i can be because we had a written agreement"! They say, well go ahead or just write you a check for the prep! and that's the way it should be. For God's sake guys do you think for one minute that a cutomer has an idea of your overhead and stuff when you go out and price a say 3 or 400.00 tree?opcorn:

 

[custom8726]

If i go out and look at a job, they agree to the price and details, and i get a written agreement on my proposal, that (usually) binds me to the job. Here's why- after the proposal is signed i drive to get supplies(ie, saw chain, bar oil, fuel up the truck,etc.) paying for things for the customer to get the job done as agreed, go home prep all gear, load gear,etc. then next morning go to the job. Hopefully not but, if they were to say "well we changed our minds and we're gonna wait"(only had it happen once, but be prepared) i in return quickly change their minds when i say "well, yesterday when you signed the contract, and i left and spent my time and fuel gathering up the necessary items for the proper completion of your agreed work and now here i am spent my time and fuel and show up on time to do the work", "well mam/sir heres a bill for my time and fuel thus far, that's as fair as i can be because we had a written agreement"! They say, well go ahead or just write you a check for the prep! and that's the way it should be. For God's sake guys do you think for one minute that a cutomer has an idea of your overhead and stuff when you go out and price a say 3 or 400.00 tree?opcorn:

Ok, I agree that you should be compensated if you were inconvienced by some one canceling a contract. But you have to look at it like this. #1. I threaten them for payment if they cancel the job, So in turn they say ok do the job at this point I do not want to be there, they do not want me there, and no matter how proffesional the job was done they will not be happy and will ##### to every other person that brings up tree work to them in the future about YOU. #2 they say ok heres a hundred dollers for the inconvients You again get a bad refferal because they feel like your are screwing them. Theres is plenty of work out there if the guy in the pick-up with a saw steals a job from you, just move on to the next one those fly by nighter's come and go but a professional buisness with good referals will have work for many years to come. I hate the sue happy society we have become and would not waiste my time taking some one to court over a cancelled contract, Thats just not the way I do buisness. To each there own though!!!

 

[CLEARVIEW TREE]

Ok, I agree that you should be compensated if you were inconvienced by some one canceling a contract. But you have to look at it like this. #1. I threaten them for payment if they cancel the job, So in turn they say ok do the job at this point I do not want to be there, they do not want me there, and no matter how proffesional the job was done they will not be happy and will ##### to every other person that brings up tree work to them in the future about YOU. #2 they say ok heres a hundred dollers for the inconvients You again get a bad refferal because they feel like your are screwing them. Theres is plenty of work out there if the guy in the pick-up with a saw steals a job from you, just move on to the next one those fly by nighter's come and go but a professional buisness with good referals will have work for many years to come. I hate the sue happy society we have become and would not waiste my time taking some one to court over a cancelled contract, Thats just not the way I do buisness. To each there own though!!!

I wouldn"t take em to court either on just dropping the proposed work, but when you nicely and professionally show them that hey i've been seriously inconvenienced they tend reconcile with you. Times like these a good business owner makes every dime count or you do the titanic ya know!

 

[ropensaddle]

Ok, I agree that you should be compensated if you were inconvienced by some one canceling a contract. But you have to look at it like this. #1. I threaten them for payment if they cancel the job, So in turn they say ok do the job at this point I do not want to be there, they do not want me there, and no matter how proffesional the job was done they will not be happy and will ##### to every other person that brings up tree work to them in the future about YOU. #2 they say ok heres a hundred dollers for the inconvients You again get a bad refferal because they feel like your are screwing them. Theres is plenty of work out there if the guy in the pick-up with a saw steals a job from you, just move on to the next one those fly by nighter's come and go but a professional buisness with good referals will have work for many years to come. I hate the sue happy society we have become and would not waiste my time taking some one to court over a cancelled contract, Thats just not the way I do buisness. To each there own though!!!

Was not even in my thoughts of taking the guy to court but did think
of feeding a knuckle sandwich to him!

 

[custom8726]

Was not even in my thoughts of taking the guy to court but did think
of feeding a knuckle sandwich to him!

been there done that, it cost me alot more then it was worth, Well, Maybe!!

 

[ropensaddle]

been there done that, it cost me alot more then it was worth, Well, Maybe!!

Yeah I know it does so I just go somewhere and get it out of my system.
It would be great for ten minutes, then the worse thing ya ever done.