View Full Version : Bad Deal
12-19-2001, 12:28 PM
I am ticked off....just heard from a contract today.... The organiztion i was bidding to had never had a professional proposal before and had wrritten their own contracts. They loved everything I recommended and my wording and format and yes even my price. BUT because John Doe had beeen their they are going to offer the job as I specified to him at my price. This is wrong I even have that the contract is specialized to my company and is not to be duplicated or reproduced for others without my consent. I dont see how they can take my proposal which states cubic yards...seed types application rates and all and tell joe blow here is what we want you to do..... I event went to my attorney and he told me they can take my proposal and use my specs as long as the actual document is not used...I am so ticked off..... I spent 7 hours on the property and meeting with them just to have them turn around and give it to joe blow..... He isnt licensed...insured...or even use commercial equip........What is the world coming to?? Lesson learned...dont try to educate customers as to what you are doing better than the average joe...just tell them "i am a professional and my work wwill reflect that"
12-19-2001, 12:32 PM
12-19-2001, 02:38 PM
Welcome to the real business world.
Just goes to show why not to give specs until they sign contract.
Praposal/bid = price and descriptions
Contract = specs and dementions
12-19-2001, 02:48 PM
This is true. I document the specs on my copy and my copy only. Sounds like a bad deal. I wonder if the customer know that this other guy does not have insurance? I would think this would be a huge issue with them and a large advantage for you.
12-19-2001, 02:58 PM
It sounds like they gave the job to the old guy there at his prices, walker-talker.
12-19-2001, 03:57 PM
I would already be half way to the place. Tell them you need to see one thing on your bid as you realized it may have been an error and would cause some sever damage (give no details just seem real concerned)... get the bid in hand. look at it and say "Oh man good thing I caught it..." then leave with your bid, and never look back.
12-19-2001, 04:11 PM
I would not loose any sleep over this.
Mark it as something learned.
12-19-2001, 05:08 PM
What I meant by my last post LGF was, if the work was the same and the prices were the same, wouldn't you as the customer decide to go with the one that was licensed and insured? Then again, no customer of mine has ever asked if I had either.
12-19-2001, 05:34 PM
Very few of mine have even asked either, even commercial.
But all commercial get copies of both even if they don't want it.
12-19-2001, 05:35 PM
I thought that it was almost standard practice for commercial properties to want you to be insured. Do they not understand the risks involved if your not?
12-19-2001, 05:57 PM
To protect a technical proposal ... whether in response to either a solicited or unsolicited customer request .... the following notice should be affixed to the cover page ….also a good practice to place the above notice on the bottom of each page, assuming all the information is in fact confidential:
THIS PROPOSAL CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION OF FANTASY LAWNS INC. AND SHALL NOT BE USED, DISCLOSED OR REPRODUCED, IN WHOLE OR IN PART, FOR ANY PURPOSE OTHER THAN TO EVALUATE THIS PROPOSAL, WITHOUT THE PRIOR WRITTEN CONSENT OF FANTASY LAWNS INC. IN AND TO THIS DOCUMENT AND ALL INFORMATION CONTAINED HEREIN REMAINS AT ALL TIMES IN FANTASY LAWNS INC.
Understand this is much like a "Non Compete" Clause .... barking dog ....unless one is willing to put up $$ for the legal battle
12-19-2001, 06:00 PM
I have stated before "NEVER write bid specs for large commercial complexes!" Always ask for a copy of theirs. Also, all of my commercial accounts and some of my residential accounts ask for proof of insurance. Your insurance co can fax over the type of coverage you have and the amount of coverage.
Live and learn grasshoppers!!
12-19-2001, 06:03 PM
So why wouldn't res want to have copied also?
I only have 2 that ask if I have either of those, they own their own businesses.
To many people imply, think, hope, assume, etc.. that we have ins. or even licsensed.
I happen to know an LCO that doesn't have any kind of commercial INS. what so ever. He does many comm. places and I wonder how he gets by.
One guy totaled his truck with the trailer behind it and my INS co would have cancled me if not for comm. ins. if that happened to me.
12-19-2001, 06:03 PM
That sucks but you might as well let it go. People like that will get what's coming to them eventually. Probably better off you didn't get the work if the business conducts itself in that fashion.
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