Leagle help?

[2stroke]

bear with me as i am not a very good writer... today i was at my biggest commertial property. i usually work solo, but 3 days a week a 15 yr old kid helps me out. im riding my Walker, and the treasurer and the woman that hired me 2 yrs ago walk up and tell me that im not providing the services that they expect weekly. yes there are some overgrown bushes, and weeds that should be taken care of. the cotract that i wrote up started on 5/9/08 and goes for 1 yr. $14,088 or $1174 for 12 months. our season is about 25 weeks long. nothing to do there in the winter months. now in my contract nowhere does it say anything about trimming bushes, or weeds. i verbally stated that things would be kept as they were the previos year when they had the contract writen up. the year before the bushes were trimmed in the spring, and in the fall. and nobody complained. this year i was waiting for the 100 degree days to die down before starting to trim. so who has experience with this? should i take them to court for the remainder of the contract? this contract that i made was signed by the president of the HOA. it seems like everybody else is trying to be the boss. can anybody advise me?

[2stroke]

i think what this real;ly boils down to is $$$. the irrigation system has not work right all year, so there is minimal watering, and it looks like crap.(i have nothing to do with watering) they have been quoted about $4000 to repair. and dont have the $$ to fix it. unless they get rid of me. last year the grass quit growing 1st week of september. they gave me 30 days notice today.. i think that they feel they wont have to hire someone new untill next year and get away without paying me that $1200 per month.

[TomberLawn]

Well, first of all, if you look for a lawyer in the phone book, it might be under "Legal Services" instead of "Leagle"...lol. Read over your contract word-for-word to make sure the services you are providing are the services that were promised in the contract. Also, check to see that contract doesn't have any loopholes or language that would allow the HOA to nullify the contract. If you're contract is bulletproof, remind them and show them what the contract says. If they still want to back out, you may need to seek professional legal assistance, like a letter from an attorney testifying that the contract is valid and must be fulfilled, otherwise the HOA would be guilty of a breach of contract and subject to a lawsuit.

Without seeing the contract or knowing what work has specifically been performed, it's hard to know exactly what position you and the HOA are in. I hope this helps.

[2stroke]

copy of my cotract


CONTRACT AGREEMENT
This Agreement made this ________ day of _________, 2008, by and between Cuttin’ Up Lawn Care, hereinafter called the Contractor, and _________________, hereinafter called the Customer.
WITNESSETH, that the Contractor and the Customer for the consideration named agree as follows:
SERVICES PREFORMED

1) Turf grass is to be mowed during the growing season to a height which is best suited to the variety of grass and the season of the year.

2) Turf grass shall be mowed once a week in order to keep a neat appearance. If for some reason the Contractor is un-able to perform the maintenance due to weather or any other reason outside their control, it will be performed as soon as possible.

3) During the peak growing season the turf grass may grow very rapidly between scheduled mowings. Also during the fall leaves may accumulate on the turf grass. When this occurs, it may be necessary provide additional services in order to keep the length under control, the turf grass in good condition, and to maintain a neat appearance.

4) Areas around trees, fences, walls, walks, curbs, etc., where uncut grass remains due to inaccessibility of the mowing equipment, will be trimmed and edged.
5) The area between paved surfaces and the turf grass will be trimmed as necessary.

6) Clippings will be removed from all paved surfaces such as sidewalks and driveways by the use of a "leaf blower".
7) The contractor will provide aeration once during this agreement.
8) The contractor will provide fertilization to the property twice, once in the spring, once in the fall.
9) Any other services required by the Customer will be quoted either verbally for a rate of $50 an hour per job basis.
GENERAL PROVISIONS

1. The Contractor will not be held responsible for any damage done to person(s) or property during these services unless damage was done in an intentional manor with disregard to safety.

2. The Customer shall keep the turf grass area free from debris such as children's toys, garden hoses, or any other object which the Contractor must move in order to perform services.
3. If an animal is kept on the property, customer must have lawn free of pet dropping, when contractor is scheduled to service lawn.

4. The parties understand the Contractor is an independent contractor with respect to the Customer, and not an employee of the Customer. The Customer will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
5. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.

6. If there is a change to any part of this Agreement, all other terms still apply.

7. If customer is not satisfied with the level of service please notify Cuttin’ Up Lawn Care immediately so we can correct this in a timely manner.

8. In the event that judgment must be obtained to enforce this agreement or any breach thereof and should Contractor be required to engage the services of an attorney in connection with this agreement or to enforce payment hereunder, Contractor shall be entitled to his reasonable attorney's or collection fees.

9. This agreement shall be interpreted under laws of the State of Colorado.
PAYMENT FOR SERVICES

Customer will pay compensation to the Contractor for Services based on the following:

Once a month maintenance cost of $1,174.00 for a total of 12 months for a total of 14,088.00.

Invoices are made monthly. Payments must be received on the 15th day of each month.

Print Name__________________________________________

Signature______________________ Date:_________________


Signature______________________ Date:_________________
Cuttin’ Up Lawn Care
2884 Victoria Dr , Grand Junction CO 81503
Grand junction CO 81503

[TomberLawn]

Well, that's looks like a good contract to me, but I don't have a lot of experience. I have had a business law class. I don't see any mention of shrub trimming in that contract, so by the letter, it looks like it isn't required. However, verbal contracts are legal agreements as well.

[IMAGE]

It looks like shrub trimming is in there-- at $50 per hour :)
So tell them, sure I will get on that shrub trimming, it will take me about 6-8 hours, at the contract price. Then send them the bill.

If you do end up goin to court:
Say you have performed 75% of the estimated service for the yr(say 15 cuts out of an estimated 20), they will owe you 75% of the annual amount.

The monthly price has nothing to do with it, it is just broke down into an even payment for simplicity. They will owe based on percentage of work done. If 95% of the work will be done by September 1st (because you knew it would stop growing then also, so you figured this into the bid), then they will owe you 95% of the annual amount.

[Big Bad Bob]

Well, that's looks like a good contract to me, but I don't have a lot of experience. I have had a business law class. I don't see any mention of shrub trimming in that contract, so by the letter, it looks like it isn't required. However, verbal contracts are legal agreements as well.

I am not a lawyer nor do I have any legal training in contract law.
That being said, I would say, that based on the wording, that the bush trimming would be by request and at a rate of $50.00 per hour. It states that the request could be verbal so I guess it would be up to them to prove they verbally requested bush trimming and that it would be billed as an extra service above and beyond the contracted fee. There also seems to be no real "out" clause. It simply states that with any dissatisfaction, the contractor should address it in a "timely manner". That doesn't mean you should do it for free.

[Roger]

Your initial post has a key phrase,

"... that im not providing the services that they expect weekly."

What they expect, and what they agreed to in your contract are not the same thing. They did not say you were not in compliance to the contract.

I think this may be a case where they agreed to a scope of work defined in your contract, but now realize the scope didn't include what they wanted. Therefore, they are asking for work beyond their agreed-to terms earlier.

As stated above, a calm and collected discussion with them, contract on the table for visibility and review, is in order. Your task in such a discussion is to point out exactly what the scope of work is included in the contract, and the statement about additional work. After that, it is their decision, they will have a choice.

I reread your contract, and it says nothing about termination or cancellation. There is one clause that discusses dissatisfaction by the customer, and notice to be given. Since there are no specifics regarding termination, such an action would have to be negotiated. If they don't like paying $50/hr for these services, and wish to cancel, then you will have to decide compensation for their choice. If they choose to pay $50/hr for the trimming and weed removal, then proceed with the work, and include the charges in the invoice.

I don't think you say how much work is involved. If they choose to terminate, you may be giving up a nice annual sum of money for doing $200 worth of work. That would be your choice.

[Dunn's]

copy of my cotract


CONTRACT AGREEMENT
This Agreement made this ________ day of _________, 2008, by and between Cuttin’ Up Lawn Care, hereinafter called the Contractor, and _________________, hereinafter called the Customer.
WITNESSETH, that the Contractor and the Customer for the consideration named agree as follows:
SERVICES PREFORMED

1) Turf grass is to be mowed during the growing season to a height which is best suited to the variety of grass and the season of the year.

2) Turf grass shall be mowed once a week in order to keep a neat appearance. If for some reason the Contractor is un-able to perform the maintenance due to weather or any other reason outside their control, it will be performed as soon as possible.

3) During the peak growing season the turf grass may grow very rapidly between scheduled mowings. Also during the fall leaves may accumulate on the turf grass. When this occurs, it may be necessary provide additional services in order to keep the length under control, the turf grass in good condition, and to maintain a neat appearance.

4) Areas around trees, fences, walls, walks, curbs, etc., where uncut grass remains due to inaccessibility of the mowing equipment, will be trimmed and edged.
5) The area between paved surfaces and the turf grass will be trimmed as necessary.

6) Clippings will be removed from all paved surfaces such as sidewalks and driveways by the use of a "leaf blower".
7) The contractor will provide aeration once during this agreement.
8) The contractor will provide fertilization to the property twice, once in the spring, once in the fall.
9) Any other services required by the Customer will be quoted either verbally for a rate of $50 an hour per job basis.
GENERAL PROVISIONS

1. The Contractor will not be held responsible for any damage done to person(s) or property during these services unless damage was done in an intentional manor with disregard to safety.

2. The Customer shall keep the turf grass area free from debris such as children's toys, garden hoses, or any other object which the Contractor must move in order to perform services.
3. If an animal is kept on the property, customer must have lawn free of pet dropping, when contractor is scheduled to service lawn.

4. The parties understand the Contractor is an independent contractor with respect to the Customer, and not an employee of the Customer. The Customer will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
5. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.

6. If there is a change to any part of this Agreement, all other terms still apply.

7. If customer is not satisfied with the level of service please notify Cuttin’ Up Lawn Care immediately so we can correct this in a timely manner.

8. In the event that judgment must be obtained to enforce this agreement or any breach thereof and should Contractor be required to engage the services of an attorney in connection with this agreement or to enforce payment hereunder, Contractor shall be entitled to his reasonable attorney's or collection fees.

9. This agreement shall be interpreted under laws of the State of Colorado.
PAYMENT FOR SERVICES

Customer will pay compensation to the Contractor for Services based on the following:

Once a month maintenance cost of $1,174.00 for a total of 12 months for a total of 14,088.00.

Invoices are made monthly. Payments must be received on the 15th day of each month.

Print Name__________________________________________

Signature______________________ Date:_________________


Signature______________________ Date:_________________
Cuttin’ Up Lawn Care
2884 Victoria Dr , Grand Junction CO 81503
Grand junction CO 81503



Didn't read your contract but just from the size it doesn't look like it has enough and they will probably shoot holes through it easily.

[TomberLawn]

Thanks for everybody else chiming in. Dunn, you should probably read the contract before commenting on it.

[Dunn's]

Thanks for everybody else chiming in. Dunn, you should probably read the contract before commenting on it.

don't need to. Ours is for pages. Yours is not even half of a page. Their is way to many different things that need to be covered. for just a half page. maybe even less then a half page you have there depending on the size of the font you use.


But thanks anyway

[TomberLawn]

Well, that's not my contract. 2stroke started this thread.

[Markf]

Outside of the performance issue, I believe a very large point of 2stroke's thread was missed. He stated that three days a week that a 15 year old young man helps him. I can only comment on the laws of Connecticut, but hiring an under-aged helper is a recipe for trouble. If OSHA and the state department of labor get wind of this, they will come after you with a vengeance. Here, you must be eighteen to work AROUND power equipment. Please note that I did not write USE. Also, if the person is paid off the books, that is another issue. My 2 cents.
Mark

[prizeprop]

don't need to. Ours is for pages. Yours is not even half of a page. Their is way to many different things that need to be covered. for just a half page. maybe even less then a half page you have there depending on the size of the font you use.


But thanks anyway2 Stoke, use a bigger font, then you could have four pages too.Seriously,sometimes more is not better,it might create more holes and discrepancy's.

[Runner]

Actually, this contract thing of 2 stroke's DOES need a bit of supplemental defining. There are some loose ends on it that need to be addressed that could lead to trouble in litigation.
I am not an attorney,...nor do I even play one on tv lol, BUT,... I do have a degree in criminal justice, with courses and experience in civil law (granted, much is statutory). First of all, and though this is somewhat irrelevant, I would certainly do away the "witnesseth" jargon. That just sounds to extreme for this simple contract and even takes away from a tactful sales approach. You could always use another "hereinafter" for this. lol. Anyway, getting by the "old english" stuff that sounds like a Shakespearian play, here are some revisions that would work.

CONTRACT AGREEMENT
This Agreement made this ________ day of _________, 2008, by and between Cuttin’ Up Lawn Care, hereinafter called the Contractor, and _________________, hereinafter called the Customer.
WITNESSETH, that the Contractor and the Customer for the consideration named agree as follows:
SERVICES PREFORMED

1) Turf grass is to be mowed during the growing season to a height which is best suited to the variety of grass and the season of the year and is to be determined by the service provider.

2) Turf grass shall be mowed once a week in order to keep a neat appearance. If for some reason the Contractor is un-able to perform the maintenance due to weather or any other reason outside their control, it will be performed as soon as possible.

3) During the peak growing season the turf grass may grow very rapidly between scheduled mowings. Also during the fall leaves may accumulate on the turf grass. When this occurs, it may be necessary provide additional services in order to keep the length under control, the turf grass in good condition, and to maintain a neat appearance for agreed additional charges.

4) Areas around trees, fences, walls, walks, curbs, etc., where uncut grass remains due to inaccessibility of the mowing equipment, will be trimmed and edged.
5) The area between paved surfaces and the turf grass will be trimmed as necessary.

6) Clippings will be removed from all paved surfaces such as sidewalks and driveways by the use of a "leaf blower". (Get rid of the "leaf blower" terminology. Simply say these hard surfaces blown free of debris).
7) The contractor will provide aeration once during this agreement. No time? No specs?
8) The contractor will provide fertilization to the property twice, once in the spring, once in the fall.
9) Any other services required by the Customer will be quoted either verbally for a rate of $50 an hour per job basis. This won't work - see #5 under Provisions.
GENERAL PROVISIONS

1. The Contractor will not be held responsible for any damage done to person(s) or property during these services unless damage was done in an intentional manor with disregard to safety. An attorney will blow this out of the water. Certain negligence is just that. Not only that, but you are looking at both vicarious AND strict liability.

2. The Customer shall keep the turf grass area free from debris such as children's toys, garden hoses, or any other object which the Contractor must move in order to perform services.
3. If an animal is kept on the property, customer must have lawn free of pet dropping, when contractor is scheduled to service lawn. These two #'s (2 and 3) are great.

4. The parties understand the Contractor is an independent contractor with respect to the Customer, and not an employee of the Customer. The Customer will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
5. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. Ok, now the explanation of of the impropriety of #9 above... When a written contract is in force, NO verbal agreement over rides or supercedes the original written agreement UNLESS accompanied with a "change order" of the original written contract. can it be done? Oh, sure...if both parties agree, and all goes well. But this is not what we are dealing with...We are addressing having the bases covered in the event there is a MISunderstanding. This is why so many agreements - ours included include the words: Any additions or changes from above quote, involving extra costs, will be performed only upon written orders, and will become an extra charge over and above the estimate.

6. If there is a change to any part of this Agreement, all other terms still apply. Besides those addressed. (You have to be specific).

7. If customer is not satisfied with the level of service please notify Cuttin’ Up Lawn Care immediately so we can correct this in a timely manner. Or what? What is a "timely manner"?

8. In the event that a judgment must be obtained to enforce this agreement or any breach thereof and should Contractor be required to engage the services of an attorney in connection with this agreement or to enforce payment hereunder, Contractor shall be entitled to his reasonable attorney's or collection fees.

9. This agreement shall be interpreted under laws of the State of Colorado.
PAYMENT FOR SERVICES

Customer will pay compensation to the Contractor for Services based on the following:

Once a month maintenance cost of $1,174.00 for a total of 12 months for a total of 14,088.00.

Invoices are made monthly. Payments must be received on the 15th day of each month.

[Dunn's]

Runner where did you see that I started it. I just stated their contract was to small and there was no way that it covered half of the stuff they needed it to cover. If you are going to deal with HOA's or other organizitations like them you have to have your ducks in a row. Just owning a Dixie Chopper isn't enough. My oppinion and they started in on me.