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  #21  
Old 11-27-2013, 01:40 PM
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tonygreek tonygreek is offline
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Originally Posted by MLSHP View Post
Relax, Tony. I've got this under control, boss.
Interesting take. Based on what you've laid out for the membership, I think it's safe to saw you have it under anything but control..."boss".
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  #22  
Old 11-27-2013, 01:41 PM
TheLugNutZ TheLugNutZ is offline
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Originally Posted by tonygreek View Post
Bingo. Both your insurance agent and attorney would smack you in the head with a phone book for proposing, and agreeing, to this.
lol
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  #23  
Old 11-27-2013, 04:30 PM
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A. W. Landscapers, Inc. A. W. Landscapers, Inc. is offline
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Originally Posted by TheLugNutZ View Post
By doing that you are admitting to causing the damage BUT that you are unwilling to PAY for any more then $400 worth. I wouldnt give her a dime, she got over on you.

Now here is what you MUST do. Write some type of contract that says by accepting the $400 she CANNOT look for more damages in the future and by accepting the $400 the issue is closed and cannot be re-opened.
(may not stand in court, but well worth having it on paper).

Remember though, any liability is liability and by paying $400 its basically admitting liability. (IMO not a lawyer, just an insurance agent..)
With all do respect, the OP should not try to write a legally binding contract unless he is a qualified attorney who specializes in contractual law.

OP, you are making a huge mistake by agreeing to pay $400 to settle her claim…Big mistake.

You need to document everything in writing in case you need to use it to prove your case/disprove her claim. File a lien against the property for the money she owes you for services rendered. Do not hesitate any longer to file the lien.
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  #24  
Old 11-27-2013, 04:38 PM
TheLugNutZ TheLugNutZ is offline
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Quote:
Originally Posted by A. W. Landscapers, Inc. View Post
With all do respect, the OP should not try to write a legally binding contract unless he is a qualified attorney who specializes in contractual law.

OP, you are making a huge mistake by agreeing to pay $400 to settle her claim…Big mistake.

You need to document everything in writing in case you need to use it to prove your case/disprove her claim. File a lien against the property for the money she owes you for services rendered. Do not hesitate any longer to file the lien.
True, thanks for pointing that out. I should have said "Have a contract written up". I really dont think it should be all that difficult to write though. He may be able to look over one already written and just sort of use it as a base for his own, not copying verbatim, but using the most important legal terms and such. Contracts do not always have to be very complex. However with this issue it may be worth paying a lawyer. I think its more of a scare tactic than anything. They sign a piece of paper saying they cannot and will not take any more legal action in the future, that alone would prob stop most people from pursuing it further...
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  #25  
Old 11-27-2013, 07:09 PM
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Trees Too Trees Too is offline
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Originally Posted by MLSHP View Post
Quick update: told the soon-to-be-ex customer that I was willing to cover damages not exceeded $400 - which to me is worth it to get this P.O.S. off my hands. She agreed. Her story was full of holes, and while I can't prove we are not to blame, she can't prove that we are. I figured, let's end this quickly. Being direct and stern is a great way to deal with customers who NEED to be told how things work.

Thanks again, fellas!
I can really appreciate your desire to give her some firm & final "good-bye" money just to make her and the whole situation go away. The down-side is that it also gives you the appearance of being weak and caving-in. It's like the old saying. "Give in an inch and they'll want a mile!" I hope that you have an attorney on hand that you can consult. Don't just assume that you've heard the last of her!
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  #26  
Old 11-27-2013, 11:02 PM
PenningsLandscaping PenningsLandscaping is online now
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Paying anything is bad news, she is going to rake you over the coals.
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  #27  
Old 11-27-2013, 11:35 PM
Weekend cut easymoney Weekend cut easymoney is online now
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Civil suits are more tricky...its not a case of proving something beyond a reasonable doubt. Who has more evidence...

I don't advocate paying anything to pita whiners...I like to prove them wrong with simple logic...
For a small contract...I'd tell them to pound sand rather than pay. Though its 400 bucks..move on ...
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  #28  
Old 11-28-2013, 12:06 AM
SaberLawnCare SaberLawnCare is offline
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Quote:
Originally Posted by TheLugNutZ View Post

Remember though, any liability is liability and by paying $400 its basically admitting liability. (IMO not a lawyer, just an insurance agent..)
Exactly. This is along the lines of doctors and nurses never saying "I'm sorry for your loss." when a death happens, it's admitting fault.

Paying $400 is the same as saying "yeah we did it." it's even worse than saying "sorry".

The only evidence she needs in court is the fact you paid $400, it's admitting fault.
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  #29  
Old 11-28-2013, 12:10 AM
PenningsLandscaping PenningsLandscaping is online now
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Quote:
Originally Posted by SaberLawnCare View Post
Exactly. This is along the lines of doctors and nurses never saying "I'm sorry for your loss." when a death happens, it's admitting fault.

Paying $400 is the same as saying "yeah we did it." it's even worse than saying "sorry".

The only evidence she needs in court is the fact you paid $400, it's admitting fault.
Now the issue is, does he bail on the $400? If he does, she'll be pissed, and probably take it as far as she can. This is a real bad situation.
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  #30  
Old 11-28-2013, 02:28 PM
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A. W. Landscapers, Inc. A. W. Landscapers, Inc. is offline
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All she has is a photo of some water damage in her basement. She has no proof that the water even came from the hose nor does she have any proof that the OP and his crew even turned on the hose the day they were servicing the lawn.

Was there any rain within a week of when the property was serviced?

Water showing up in the basement could be the result of hundreds of other possibilities…could even be a leak in the roof or an improperly placed downspout and a tiny crack in the foundation.
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A. W. Landscapers, Inc.
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Hustler X-One 60"
Wright Stander RH 36"
eXmark 21" ECXKA21 Mower
Stihl FC110 Edger
Stihl FS90 Trimmer
Stihl FS55R Trimmer
Stihl HS56C Hedge Trimmer
Stihl MS391 25" Bar Chainsaw
RedMax EBZ7100 Blower
Earthquake 16" Rear Tine Tiller
Honda 9" Mini Tiller FG110
2014 GMC Sierra Denali HD
7' x 16' Enclosed V-Nose Trailer
6' x 12' Dump Trailer
Equipment & Work thread: http://www.lawnsite.com/showthread.php?t=415830
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