Lawn Care Business Forum Lawn Care Business Book Lawn Care Business Blog Lawn Care Software
Home Forum Contract & Flyer Templates Blog Software Videos Podcast Calculators / Estimators Store Mower Review Design It Yourself Lawn Business School

Go Back   GopherHaul Landscaping & Lawn Care Business Marketing Forum > Lawn Care, Landscaping, and Property Management Forums > General Talk

General Talk If it doesn't fit anywhere else, post it here.

should i sue for breach of contract???


General Talk

If it doesn't fit anywhere else, post it here.
Reply
 
Thread Tools Search this Thread
  #1  
Old 03-01-2010, 10:35 PM
thelawndoctor
Guest
 
Posts: n/a
Angry should i sue for breach of contract???

in my contracts it says customer can exit contract with a 30day notice.... however i still havent got my feb payment from these people and now its mar and this will make 2 months they will owe me???? they have been with me for 10 months until today when i saw another crew on the yard picking up trash and what not........ they must have under cut my price because i had to beat a $90 a month plan to get them to sign!!!! but should i take and spend the 80 bucks and see if i can get my 165 they owe me and sit there in court for 8 hours? or just forget it
Reply With Quote

Stop guess-timating. Learn how to estimate and make money! $$$
Mow Time Estimator Lawn Care Price Estimator Mulch and Topsoil Calculator Snow Plow Estimate Calculator


  #2  
Old 03-01-2010, 10:53 PM
CHEESE2009 CHEESE2009 is offline
Dr. Scott - Ruler of the Underworld
 
Join Date: Mar 2009
Location: Switzerland, Grindelwald
Age: 75
Posts: 4,473
Rep Power: 0
CHEESE2009 is on a distinguished road
Default

Lawn care business tipsLawn Care Business Book
just go throw a few grubs on their lawn... just kidding.

It's a tough call, normally court is a waste of time & the only thing you get from it is the money owed, but your customer will be gone forever. If word gets out that you are taking customers to court, they might just get a little iffy. Stupid, but it's true.
Reply With Quote
  #3  
Old 03-02-2010, 08:01 AM
thelawndoctor
Guest
 
Posts: n/a
Default

but if they have went with another company, and still havent paid what they owe me!!! i just dont want to let it slide, i want people to know this is a business and i dont play
Reply With Quote
  #4  
Old 03-02-2010, 09:42 AM
psparaco psparaco is offline
Senior Member
 
Join Date: Apr 2009
Location: Rosedale, Maryland
Age: 39
Posts: 199
Rep Power: 8
psparaco is on a distinguished road
Default

just send them a certified letter stating you owe me XXX and have 1 week to pay from the receipt of the letter or you will be filing with the local XXX court for petty claims on XX/XX/XX and note that they will owe you the cost for court as well as what they owe you plus a 10% late charge or whatever your late charge is. 9 out of 10 times they will pay.

now if you did not have them sign a contract prior to doing any service for them. then i'd cut your losses and move on. cause its their word against yours. i don't care if its commerical or residential. to me, their a client regardless of who they are. get it in writing and in your general service agreement make sure to put a late charge. mine says this.

"Payments not received within a five (5) day period after completion of service are subject to a late fee of $10.00 and will interrupt recurring services."

so they would owe me $80.00+$10.00(late fee)+$20(court filing fee = $110. So let them complain i took them to court but you know what i got my money.

thats just my opinion.

paul
Reply With Quote
  #5  
Old 03-02-2010, 09:42 AM
picframer's Avatar
picframer picframer is offline
Andy
 
Join Date: Jan 2009
Location: Halifax, Nova Scotia
Posts: 2,885
Rep Power: 11
picframer will become famous soon enough
Default

Quote:
Originally Posted by thelawndoctor View Post
but if they have went with another company, and still havent paid what they owe me!!! i just dont want to let it slide, i want people to know this is a business and i dont play
First thing I would do is call them and ask if there is a problem with the invoice, is their a problem with the service, remind them you haven't been paid and when you dropped by there was another company performing services to their yard, remond them you have a 30 day notice in your agreement.

Based on the feedback it will tell you what to do, you can file a mechanics lein against the property, not sure what it costs their, for $80.00 it would not be worth my time due to the associated fees.
__________________
Andy
Halifax, Nova Scotia
Reply With Quote
  #6  
Old 03-02-2010, 09:46 AM
psparaco psparaco is offline
Senior Member
 
Join Date: Apr 2009
Location: Rosedale, Maryland
Age: 39
Posts: 199
Rep Power: 8
psparaco is on a distinguished road
Default

also. i have another line in my general service agreement that states this:

"Any or all of the Services listed above may be terminated at any time by either party for any reason (Any monies owed shall be owed at the time of termination)."

you have to make it so one way or another you are entitled to your money for the services you performed.
Reply With Quote
  #7  
Old 03-02-2010, 10:59 AM
Andrew7dg Andrew7dg is offline
Junior Member
 
Join Date: Feb 2010
Location: St. Paul Minnesota
Posts: 22
Rep Power: 7
Andrew7dg is on a distinguished road
Default

It just sounds like a communication break down.
First did they sign anything?

Second, were they unhappy with their contract? You were mowing for them for 10 months. I am surprised they didn't say anything to you.

Were they unhappy with the mowing?

Did they give any notice that they were moving to another company? Like did the other company

I guess I am always surprised when I hear stories like this because I try to keep in good contact and connection with the home owners. I try to make sure that they are happy with their services and that there isn't anything unspoken. It is when things are unspoken that it becomes uneasy like with what you are dealing with.
Reply With Quote
  #8  
Old 03-02-2010, 12:02 PM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 37,974
Rep Power: 10
Steve has disabled reputation
Default

Very good points.

Can you tell us about this communication breakdown? What happened to get you to this point and can you still call them and talk to them?

Something seems to have gone awry.
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Contract for Job?? rclandscaping General Business Discussions 3 03-16-2009 09:06 AM
What should I pay for this contract? Mr Greenthumb Starting a lawn care business. 11 03-16-2009 04:28 AM
contract moseley creek General Talk 1 10-24-2007 05:26 PM
Low Bid, no contract tiedeman General Business Discussions 2 05-30-2007 10:00 PM
Contract F.A.Q.'s Steve Gopher Software Support Archived Question & Answers - Read Only 0 02-23-2004 10:31 AM

» Recent Threads
  RatingTitle, Username, & Date Last Post Replies Views
Spot checked by...
Just for Cuts
Today 02:34 PM
Today 02:34 PM
by Just for Cuts
0 1
Newbie
Jhoell
06-25-2016 03:28 AM
Today 02:11 PM
by Chilehead
2 51
Say Hello !!!
Steve
03-19-2007 11:18 AM
Today 11:02 AM
by Brownieboy
1,253 438,111
Chemical Applications
acrajchel
06-24-2016 06:44 PM
Today 08:40 AM
by Steve
1 55
3 Applications or 5...
stansg1fresh
02-18-2013 12:02 PM
Today 08:38 AM
by Steve
3 1,395
Hello Everyone
JohnsLawnCare
06-22-2016 11:14 AM
Today 08:36 AM
by Steve
13 235
Business Overload
Chilehead
05-06-2016 09:27 PM
Yesterday 09:14 PM
by Chilehead
19 776
Firefighter gone Lawn...
Firehouselawn@hotmail.com
03-10-2016 04:50 PM
06-24-2016 07:26 PM
by acrajchel
9 10,099
Exmark Turf Tracer
acrajchel
02-01-2014 11:34 AM
06-24-2016 07:23 PM
by acrajchel
5 2,131
Rubber mulch...
avetslawncare
06-24-2015 09:28 PM
06-24-2016 06:59 PM
by acrajchel
7 3,040
Ybravo 25 mowers
SGL1
06-11-2016 09:52 AM
06-21-2016 03:44 PM
by acrajchel
5 293
Great Arborist Ladder
SGL1
06-04-2016 09:56 AM
06-17-2016 08:46 AM
by SGL1
10 384
Help a Brother Out -...
Hedgemaster
01-23-2012 04:19 PM
06-17-2016 08:28 AM
by SGL1
94 34,478
Best Push Mower You Have...
markty
05-14-2016 03:46 PM
06-17-2016 06:08 AM
by SGL1
20 851
anyone interested in a...
GoGreenerKS
06-16-2016 01:00 PM
06-17-2016 02:58 AM
by SC93
4 170
Prolin
rmccutchan
05-21-2016 04:53 PM
06-16-2016 05:28 PM
by acrajchel
3 328
Laying new grass, Sod...
WarriorLandscapingCAN
05-23-2016 10:07 AM
06-16-2016 05:27 PM
by acrajchel
2 321
Is it too late?
Cpadgett
05-28-2016 09:10 AM
06-16-2016 05:24 PM
by acrajchel
6 433
Upgraded to a new mower
Stevenor92
05-17-2016 08:17 PM
06-16-2016 05:22 PM
by acrajchel
9 542
How can I fix my...
WarriorLandscapingCAN
06-10-2016 07:47 PM
06-16-2016 05:19 PM
by acrajchel
2 229
Need a lil help
Cpadgett
06-05-2016 09:51 AM
06-16-2016 05:17 PM
by acrajchel
5 360
help with sole...
greenbuds
03-24-2016 12:21 PM
06-16-2016 05:01 PM
by acrajchel
4 9,757
New Member from...
tiptoppmanager
06-15-2016 07:39 AM
06-15-2016 03:18 PM
by SC93
2 169
Brand new fish pond
Flynn landscaping 2016
06-12-2016 09:53 AM
06-13-2016 11:21 AM
by Steve
1 147
Whats up??
Cpadgett
05-27-2016 10:57 AM
06-06-2016 08:46 PM
by Cpadgett
11 507
New Member from Texas
NathanR
06-02-2016 06:13 PM
06-03-2016 09:17 PM
by SC93
7 329
Edging Fad...
Tree geek
05-10-2016 11:29 PM
06-03-2016 07:02 PM
by SGL1
3 501
To mow weekly or Biweekly
WarriorLandscapingCAN
05-11-2016 04:09 PM
06-03-2016 06:42 PM
by SGL1
11 779
Your Time Lawn Care
yourtimelawncare
05-31-2016 01:12 PM
06-02-2016 10:11 PM
by SC93
2 289
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 02:36 PM.


(C) 2011 Riggs Publications - Terms of use & Privacy Policy

All times are GMT -5. The time now is 02:36 PM.

(C) 2011 Riggs Publications - Terms of use & Privacy Policy