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jonesy5149
06-11-2011, 05:51 PM
OK let talk about this before i go and murder some one...:hammerhead::hammerhead::hammerhead:

ok so i went to a golf course and build on a 3500 sf patio and a walk and they need 250+/- yard of gravel.. so i go and have them sign a contract with me for the job and start to lay it out and get my grades.
Im a day into this job and the owner flys in and says we will not be need your company any more and ill pay for your time you have invested right now..........:confused:
I go back two days later to give him a final bill and pick up my skid-steer, there it is another company in there doing the job i was and using the grades i shot and the fill marks i have put on them..............

ohhhhhhhhhh boy was i mad.....:nono::nono:
has this happen to any of you????

DVS Hardscaper
06-11-2011, 06:17 PM
hmmm.....sure would be a real shame if grass seed somehow found it's way into their pile of bedding sand.........

SDLandscapes VT
06-11-2011, 06:44 PM
how good is your contract???

4 seasons lawn&land
06-11-2011, 07:18 PM
woops, the jack ass found a way lower price at the last minute. Charge him a good chunk for the few hours you have in!

PatriotLandscape
06-11-2011, 07:21 PM
You are entitled to the entire amount he contracted for send him a bill and sue him.
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DVS Hardscaper
06-11-2011, 07:34 PM
You are entitled to the entire amount he contracted for send him a bill and sue him.
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Was there any type of contention between you and your client?

Did the guy provide any explanation at all?


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THEGOLDPRO
06-11-2011, 07:40 PM
Round up ballons in the grass of the golf course usually do the trick.

Will P.C.
06-11-2011, 11:37 PM
Do any of you hardscape guys put a clause in the contract where if they decide to cancel half way, they pay a fee of X number of dollars?

DVS Hardscaper
06-11-2011, 11:56 PM
Do any of you hardscape guys put a clause in the contract where if they decide to cancel half way, they pay a fee of X number of dollars?

In Md, for residential contracts the homeowner has 3 business days to back out after signing. After that, they're bound to the contractor.


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JoeyDipetro
06-12-2011, 12:37 AM
In Md, for residential contracts the homeowner has 3 business days to back out after signing. After that, they're bound to the contractor.


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We have a similar law here, but the "buyer" has to have been provided a "right to cancel" notice at the time of the contract signing.

Bru75
06-12-2011, 01:25 AM
there it is another company in there doing the job i was and using the grades i shot and the fill marks i have put on them..............

ohhhhhhhhhh boy was i mad.....:nono::nono:
has this happen to any of you????

I'd be mad too.
Why didn't you pull up your grade stakes?

zedosix
06-12-2011, 08:44 AM
If you would of demanded a more solid down payment this wouldn't of happened.

GreenI.A.
06-12-2011, 01:23 PM
I had one last year where the customer signed the irrigation install contract and then called to put off the start date so we amended the contract. He ended up calling another contractor to do the install instead. I took him to court, and was awarded a nice check for the full contracted price of he job. It was a nice payday for spending a half day on paperwork and another half day in court.

Will P.C.
06-12-2011, 02:29 PM
GA has 7 days for the client to cancel I believe. Most people are unaware of this though.

Any other experiences with taking guys to court over a contract? I think it would be tough to get the money if you did about 4K on a 20K contract. I just threw this numbers out.

GreenI.A.
06-12-2011, 03:14 PM
GA has 7 days for the client to cancel I believe. Most people are unaware of this though.

Any other experiences with taking guys to court over a contract? I think it would be tough to get the money if you did about 4K on a 20K contract. I just threw this numbers out.

with mine it was pretty simple. I sent a letter then my attorney sent a letter seeking the fees I was going to have to pay for my subcontractors. We weren't even looking for the full contracted amount, it was just that we had given some subs deposits already. He didn't want to do that so we went to court, and the judge ruled he had to pay 100% of the contracted price. So he basically payed for the job twice, once to me and once to the contractor that did the work.

Here in MA I believe it is 2 business days the customer has, might actually be one now that I think of it. But if the contract states the work will begin sooner than the ancelation poliy ends then. For example a customer signs on Tuesday morning and the agreement is that work will begin that afternoon. As soon as we step foot on the property to work the customer is liable for the full job

SVA_Concrete
06-12-2011, 06:59 PM
I think in VA the customer has 3 Days if they sign the contract in their home.... and if They sign contract in the Contractors Office there is no cancelation.


i am not a lawyer though so i would recommend to the OP to talk to his attorney. he should be able to at minimum recover his profit from the job.

shovelracer
06-12-2011, 10:15 PM
in NJ it is worded so that the client gets no penalty for 3 days. After that they are bound. I would think to what extent depends on the judge. I guess the size of the job would influence how strong someone would fight it as well. Did you lose 1 week, 1 month, 3 months.

DVS Hardscaper
06-12-2011, 10:30 PM
Thats a pretty sizeable square footage of pavers. It's gotta suck financially to know you're going to have money coming from that and then to lose it.

I'm not so sure it's worth fighting.

Sounds like a commercial job? And usually laws are different for commercial work from residential work.

Residential work has a cooling period so the homeowner can have a fews days to back out incase they were swindled into signing a contract. For commercial work, lawmakers se it is business folk are supposed to be able to manage decisions.

About 10 years ago I had a client throw us off a wall build. New house. They were upset with me because I pointed out the flawed engineering for one of the walls. We had one wall out front 85% complete and they hired someone to finish it! Times were different then. We had work out the yazoo, so we packed up and left. Had this happened Today, I'd probably slap a suit on them.

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PatriotLandscape
06-13-2011, 07:51 AM
I agree with Zedo if the deposit was larger he would have thought twice about firing you. Sounds like it was in the 40k range was the deposit less than 30%. ?
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DVS Hardscaper
06-13-2011, 11:05 AM
I agree with Zedo if the deposit was larger he would have thought twice about firing you. Sounds like it was in the 40k range was the deposit less than 30%. ?
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All these little logisticsfor why we do whAt we do.

Im huge on obtaining deposits, even for commercial work. No deposit, we don't work. And I'm big on draws for jobs over $6,000. No draws, the work stops or I simply won't accept the job. I had a client say to me last week, after he signed the contract 10 days prior "I just read the contract, it sure is heavy on payment". My response - a chipper "21 years in bizzness and I've seen quite a bit". I dint mention that his materials made up for the bulk of the contract amount.

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