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landscaper3
06-19-2003, 06:02 PM
Got a lawyers appointment Tuesday but we lost a large contract for summer and winter, we have serviced this condominium for 3 years and had an automatic renewal on April 2003 unless notified within 30 days. Got a letter June 12 2003 stating they are no longer using our services for problems occurred in Febuary 2003 with snow services (we were not even notified about problems) after a large investment of sweeping service, beach cleanup, tennis court cleanup, 5 mowing's, grounds cleanup and mulch. We have just found out that they contacted many landscapers for bids while the whole time we are doing all this work with the automatic renewal contract. The one problem I see is contract is to automatically renew in April 2003 unless notified within 30 days, but the 2002 signature and date say June 12th 2002 does this mean they met the 30 day or the way the contract states at April? I need to do some addition up over the next few days to find the total amount of money I have into this job since April (around $4,000.00) Thats my reason for fighting this if we do have a case. Thanks all!!!

LAWNGODFATHER
06-19-2003, 06:26 PM
That explains why I have everyone renew annually.

nlminc
06-19-2003, 06:35 PM
Condos for ya....Stay away from them if you can. I feel for you. I backed out of an agreement on a Condo in 2000 when I was living in MA. They decided to do their own fert program! Needless to say the turf looked like the tasmanian devel was burrowing beneath the surface were they applied to much nitro. I separated myself from those people and gave them a refund of money they had prepaid me. They begged me to stay on and even charge them more for the remainder of the season until they could buy their own Walker so they could take over MY services! SEEEEEEEEEEEEEE YA! I had been maintaining the property for 8 years.

Lawn Tek
06-19-2003, 07:43 PM
If I read this right , believe you have a great case

edrenckh
06-19-2003, 10:49 PM
Whatever they signed is valid. They will also have to pay your court costs and attorneys fees. They will settle out of court. 95% of cases never make it to court.

tiedeman
06-19-2003, 11:07 PM
I would say that you are ok. Just bill them for the investment of work

cos
06-20-2003, 09:56 AM
I would say that you are entitled to continue services and they should be liable for breach of contract. Good luck.

spobubba
06-20-2003, 11:49 AM
You really need to talk to an attorney admitted in Maine to analyze whether you have a valid claim.

Concerning your contract interpretation, look to see when the commencement or start date is. You will have one year from that date (assuing its a one year term). You then have to read the auto renewal clause carefully. Most auto renewal clauses state that the contract will renew unless either party notifies the other within "X" number of days prior to the expiration. I don't think you indicate in your post when the notice to not renew must be submitted.

The second thing you need to find out is whether an automatic renewal clause is valid in the state of Maine. Some states make them illegal or impose certain conditions in order for them to be valid. In NY for example an auto renewal clause for a lease is valid if the landlord first notifies the tenant each year of the auto renewal clause. You need to check and see if Maine has any similar rules, etc.

Good luck.

broken leg
06-20-2003, 12:11 PM
At the end of all my agreements state (All fees incurred through the lapsed terms of this agreement will be due and payable at time of termination.) That means if they cancel a agreement after I just put down 10,000.00 dollars in mulch they will pay for that mulch. alot of apartment complexs will try this If the owners are getting read to sale to get something for nothing. When I go to a new job and the place is a mess I charge a set up fee.

landscaper3
06-20-2003, 08:14 PM
We have an lawyers appoitment Tuesday and will find out more. Looking back on there file we did $3,415.00 worth of work and recieved $400.00. What makes me upset is I found the whole month of April and May they were taking bids UN-Announced to us and that leaves a real bad taste in you no where.
Ill get back on this issue after our legal advise.
Thanks all!
Bri

edrenckh
06-20-2003, 09:35 PM
You may be able to force them to honor the contract, whether that will be worth it, you have to decide.

If you just want your money that you earned so far, you can probably get it just by invoicing. That should be pretty easy.

Could save a few legal bills if that's all you want. Call first, tell them you will deliver an invoice for services rendered.