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  #21  
Old 02-23-2007, 06:52 AM
Roger Roger is offline
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Isn't it such a good thing to come to LawnSite for legal advice....?
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  #22  
Old 02-23-2007, 08:23 AM
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HOOLIE HOOLIE is offline
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Originally Posted by Roger View Post
Isn't it such a good thing to come to LawnSite for legal advice....?
Somewhere there's a bunch of lawyers discussing the best way to get a green lawn... Well I think Sean should create an 'Amateur Legal Advice Forum' It would be just under the 'Amateur Bookkeeping and Accounting Forum'
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  #23  
Old 02-23-2007, 09:20 AM
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echeandia echeandia is offline
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Originally Posted by HOOLIE View Post
So for instance, if a customer signs such a contract on April 8th, and later disputes a mowing on July 26th, how do you go about proving that?
Suppose you do the season of mowing and they have paid you for each week of service by check. Then because they are scum they sue you to get their money back. They claim you were supposed to do the work for free and show your very simple contract. What will happen?

Sure, if you have to go to court you will need more than a contract. You need to bring supporting document. These will be service call receipts, change requests, letters, invoices, copies of checks to support that you held up your half of the bargain.
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  #24  
Old 02-23-2007, 11:45 PM
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HOOLIE HOOLIE is offline
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Originally Posted by echeandia View Post
Suppose you do the season of mowing and they have paid you for each week of service by check. Then because they are scum they sue you to get their money back. They claim you were supposed to do the work for free and show your very simple contract. What will happen?

Sure, if you have to go to court you will need more than a contract. You need to bring supporting document. These will be service call receipts, change requests, letters, invoices, copies of checks to support that you held up your half of the bargain.
That's a pretty far-fetched scenario for starters. From what I've seen in court, the judge would question why they would pay all year for a service that they thought was free The fact that they paid a set amount all year would establish the price, even though the price was left off the contract for whatever reason. Also no judge is going to presume that an LCO would work for free...that's ludicrous...
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  #25  
Old 02-24-2007, 10:15 PM
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CkLandscapingOrlando CkLandscapingOrlando is offline
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I got my contract from a client.They gave me the one from the company that they had so I new what they wanted.Ask for the contract out line and they'll probly give it to you short of the #
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  #26  
Old 02-24-2007, 10:28 PM
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CkLandscapingOrlando CkLandscapingOrlando is offline
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In a contract you also want to spell out how and why the contract can be cancelled.If you spell out the fact that a client has to pay x amount of the contract if its cancelled through no fault of your company,then they will be alot less inklined to cancel because the kid next door will do it for 15 bucks.At the same time,if your doing houses and you do a good job for a good price the contract dont mean much.The time it takes to sue a guy for 2 months...If you cant pay the lawn guy thats busted his ass for you then your a bum and I dont need the stress.
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  #27  
Old 02-25-2007, 10:15 AM
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echeandia echeandia is offline
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Originally Posted by CkLandscapingOrlando View Post
I got my contract from a client.They gave me the one from the company that they had ... Ask for the contract out line and they'll probly give it to you...
I don't recommend doing this. It is unethical.
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  #28  
Old 02-26-2007, 09:09 AM
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bigmudder77 bigmudder77 is offline
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thank you for all your input on this. i have been working on it all weekend and it is about 3 pages long now i used another contract that i got from a local business. does any one think this is to much cause i think it is probaly to short? the one from the business was 12 pages long and in size 10 font mine is almost 3 in size 14 font. (i want to make sure every one can read the thing)

also i did put if they break this contract they are required to pay the remaining weekly lawn service price stated above until the end of the growing season

sound good or not?
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  #29  
Old 02-26-2007, 09:22 AM
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echeandia echeandia is offline
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Originally Posted by bigmudder77 View Post
...also i did put if they break this contract they are required to pay the remaining weekly lawn service price stated above until the end of the growing season...
Is there any type of cancellation clause? If not, good luck getting someone to sign that. Are you going to have an attorney review it for you?
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  #30  
Old 02-26-2007, 09:28 AM
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bigmudder77 bigmudder77 is offline
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Originally Posted by echeandia View Post
Is there any type of cancellation clause? If not, good luck getting someone to sign that. Are you going to have an attorney review it for you?
what do you mean by this
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