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Billy Goat
03-20-2013, 05:45 PM
I hope this never happens to me but, what if a customer claims I ruined their lawn because they believe it was due to me mowing. There are tons of reasons why lawns have bare spots, brown spots, weed infestation, and other lawn problems especially during drought conditions.

I was wondering if any of you have been in this situation and how you deal with the customer?

SNethercutt
03-20-2013, 07:50 PM
Send them a contract by mail certified. They don't have to sign it.

It should say your not responsible for turf or plant conditions outside the scope of work.

That means if its not in your contract to treat and diagnose fungus and infestations, its not your problem.

Scope of work is a basic outline of your duties.

warbuff
03-21-2013, 05:20 AM
Send them a contract by mail certified. They don't have to sign it.

It should say your not responsible for turf or plant conditions outside the scope of work.

That means if its not in your contract to treat and diagnose fungus and infestations, its not your problem.

Scope of work is a basic outline of your duties.

This is straight out of my contract, and I go through it with my customer before they sign...

ML Landscaping is not responsible for:
• Death or decline of plant materials due to improper selection, placement, planting, or maintenance before the time of this contract.
• Damage due to improper irrigation components in existence at the time of contract execution.
• Exposed cables/wires or sprinkler components/lines normally found below the surface of the lawn.
• Flooding, storm or wind damage.
• Disease or damage to lawns or landscape plants caused by pests, drought or inclement weather.
• Damage caused by any item hidden in the landscape and not clearly guarded or marked.
• Damage due to vandalism.
• Any damage of items left on turf areas.

Just to cover my basis avoid a situation whre something like this might come into play, I do a per-inspection of the property prior to the first service, this way I can alert management to any problems and deal with them accordingly. This comes off incredibly professional and because I showed them the issue before they knew there was one I come out smelling like roses.

Billy Goat
03-21-2013, 05:51 AM
Just to cover my basis avoid a situation whre something like this might come into play, I do a per-inspection of the property prior to the first service, this way I can alert management to any problems and deal with them accordingly. This comes off incredibly professional and because I showed them the issue before they knew there was one I come out smelling like roses.

This is another good reason not to quote a price without seeing the property first. You can point out existing issues or concerns before the customer claims you at fault after the fact. Much like renters doing a walk through before they sign a lease.

patrick6411
03-21-2013, 09:20 AM
This is straight out of my contract, and I go through it with my customer before they sign...

ML Landscaping is not responsible for:
Death or decline of plant materials due to improper selection, placement, planting, or maintenance before the time of this contract.
Damage due to improper irrigation components in existence at the time of contract execution.
Exposed cables/wires or sprinkler components/lines normally found below the surface of the lawn.
Flooding, storm or wind damage.
Disease or damage to lawns or landscape plants caused by pests, drought or inclement weather.
Damage caused by any item hidden in the landscape and not clearly guarded or marked.
Damage due to vandalism.
Any damage of items left on turf areas.

Just to cover my basis avoid a situation whre something like this might come into play, I do a per-inspection of the property prior to the first service, this way I can alert management to any problems and deal with them accordingly. This comes off incredibly professional and because I showed them the issue before they knew there was one I come out smelling like roses.

I want a copy of your contract, sounds like you have all angels covered. Sound advice!!

The Cleaning Doctor
03-21-2013, 09:55 AM
IF it gets to the point where you are being accused, it is time to turn them over to the pros at your insurance company to handle.

Steve
03-21-2013, 01:21 PM
what if a customer claims I ruined their lawn because they believe it was due to me mowing.

Things can get very messy in the field, especially when you aren't insured. There have been members on here who ran larger multi-truck operations that had to close shop because of mistakes that happened in the field and the lawsuits that followed.

It is important to find out what is going on and work with a customer to resolve it. If a situation blows up and there is no more communication and you get sued, the ability to resolve the situation is taken out of your hands and largely placed in the hands of others.

warbuff
03-21-2013, 02:04 PM
ugh "per-inspection" should be pre-inspection.

Anyway, its common sense really, you don't want to be held liable for something that you didn't do and should be compensated to fix.

Pre-Inspections will give you the opportunity to avoid issues before you start (especially if you see something you know would come up later). Your customer knows immediately your not going to screw around, it allows you to establish a common ground and have good communication from the start. You'll also be able to gain extra billables if they decide to have you fix issues that arise. Its a win win in my mind...

Another important piece to my contract, stats how work outside the scope of the contract will be handled.

"Additional Work: Any additional work will be done based on customer request. An estimate will be provided for all work requests and must be approved by designated account manager prior to commencement. Labor rate for additional work is $35 per man hour, and $55 per man hour of site supervisor + materials and all applicable taxes."

;) Always try to have your repair work be time & materials, this way if something unexpected arises your covered for your time invested, especially if you have to re-negotiate or if the repair is more of time and resource kill then you expected...

LawnBoy0311
03-21-2013, 02:40 PM
I think the absolute last resort would be to shove a contract down their throat. If/when they call/email, schedule a meeting to visit with them in person. Never try to solve over the phone.

Listen to them, don't be the first to try to explain everything. Have them show you around, let them complain to you and tell you how much you suck. Listen some more, act like you care.

After the complaining is over, explain your case. Did they fertilize or hire someone to fertilize? Explain your situation. Explain that over the X amount of customers you have, this is the only problem you've encountered. Explain, and explain some more. Make sure they understand it.

If all else fails, show the contract. Keep in mind, when showing contracts, you will upset them pretty bad-consider the customer gone. Try to save them first. Some people are crazy, some just want to ask you a question but want to see your face. Be confident in what you do, and be ready for anything when you meet with them.

warbuff
03-21-2013, 03:37 PM
I think the absolute last resort would be to shove a contract down their throat. If/when they call/email, schedule a meeting to visit with them in person. Never try to solve over the phone.

Listen to them, don't be the first to try to explain everything. Have them show you around, let them complain to you and tell you how much you suck. Listen some more, act like you care.

After the complaining is over, explain your case. Did they fertilize or hire someone to fertilize? Explain your situation. Explain that over the X amount of customers you have, this is the only problem you've encountered. Explain, and explain some more. Make sure they understand it.

If all else fails, show the contract. Keep in mind, when showing contracts, you will upset them pretty bad-consider the customer gone. Try to save them first. Some people are crazy, some just want to ask you a question but want to see your face. Be confident in what you do, and be ready for anything when you meet with them.

I agree with you, this is a good way to handle it after a complaint is made. I still maintain that preventive dilligence before you begin a contract will save you a headache time and time again. A inspection or walk through if you will before you have started a new contract where conditions are noted and signed of on in advance by their rep is the way to go. Avoids all this he said she said crap, and keeps your hands clean of someone's short comings..

bluebird
03-31-2013, 07:19 PM
Anyyone can claim anything.
Contracts that say i am not responsible for this or that are worthless.
if you make a mistake you can be sued.
anyone who has a surgical procedure signs a paper stating the risks
and possibility of many ..multiple possible complications.
but be assured they will sue in a heartbeat when expectations
are not met. Contracts are bs