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Old 03-15-2014, 10:24 AM
thom thom is offline
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Join Date: Oct 2008
Location: Northern Ohio
Posts: 125
Originally Posted by KrayzKajun View Post
I guess this could be under business management but since it involves heavy equip, if rather get y'all's opinions.

You bid a job. Win the bid.
Start the job weather causes the need for a different plan of attack. You call someone who has the larger equipment to come look at the job. That person gives you a price. All is agreed upon. They are scheduled to start on a Friday. I was told job would take one day.
That Thursday night we get 3+" of rain. Job site is a mes.
Person I hired to do job request a price increase to bring in an excavator along with the Dozer already on site.

I agree. So the job will get finished on time. I help run the Dozer on Friday. On Saturday the person I hired, gets two guys he knows to run the machines all day Saturday. Get more rain all day Sunday so job is pretty much finished.

I get invoice for the two machines, trucking & labor. No problem. I cut the check all is settled.

Fast forward to yesterday, I get a call from the guy I hired to do the job. Says he has an invoice for me from rental company for damages to the Excavator to the tune of $3600. He sends me a copy. It seems on Sat the two operators he hired managed to shatter the front glass on the cab, break off both side mirrors, break the spot light off the boom, and mangle a panel cover right near the boom on the front.

I told him that's his responsibility. I hired him and those were his operators.

Was I right to stand my ground ???
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FWIW In the future, if you hire a subcontractor, have them sign a contract with the statement "hold harmless" in the contract.
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Old 03-15-2014, 04:33 PM
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hoeman376 hoeman376 is offline
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Join Date: Feb 2010
Location: Digging holes
Posts: 325
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Old 03-26-2014, 01:27 PM
MattnSTL MattnSTL is offline
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Join Date: Feb 2010
Location: St. Louis
Posts: 89
Originally Posted by KS_Grasscutter View Post
Did he charge you market value for the work or did he give you a break since you are friends? If he charged you just enough to cover his costs to help you out, I'd offer to pay a little of it since he wouldn't been there with the machines in the first place had he not been helping you out.

As soon as you do that you are admitting liability whether you say you are or not.
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