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  #1  
Old 03-12-2014, 03:43 PM
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KrayzKajun KrayzKajun is online now
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Who Pays ????

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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Old 03-12-2014, 03:53 PM
Regal Landscapes Regal Landscapes is online now
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I would say so, his guys broke the stuff so it's his responsibility.
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Old 03-12-2014, 04:03 PM
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ARP ARP is offline
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Who's name was the excavator rented under? What company were the two hired guys working for? Yours or his?

While it's definitely his guys fault, who pays for it will be determined by the answers to those questions above.
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Old 03-12-2014, 04:06 PM
JNB Construction JNB Construction is offline
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It's on him.

That said, when it comes down to it, it's the responsibility of whoever signed the rental agreement.

I see that ARP beat me to it.
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Old 03-12-2014, 04:12 PM
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KrayzKajun KrayzKajun is online now
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Quote:
Originally Posted by ARP View Post
Who's name was the excavator rented under? What company were the two hired guys working for? Yours or his?

While it's definitely his guys fault, who pays for it will be determined by the answers to those questions above.
Machine was rented by him/his company. The operators were paid by him.
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Old 03-12-2014, 04:18 PM
RussellB RussellB is online now
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I thought they offered insurance for rentals????
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Old 03-12-2014, 04:36 PM
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The guy had balls to even approach you with an invoice. I don't get the rational that would lead him to believe that is your responsibility. I would tell him to Pack Sand or F Off depending on my mood.
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Old 03-12-2014, 04:39 PM
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Yea I told him this is strictly business, nothing personal. He got pissed and hung up on me. He sent me a text today saying he would pay half. I didn't even respond.
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Old 03-12-2014, 05:12 PM
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YellowDogSVC YellowDogSVC is online now
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Quote:
Originally Posted by ksss View Post
The guy had balls to even approach you with an invoice. I don't get the rational that would lead him to believe that is your responsibility. I would tell him to Pack Sand or F Off depending on my mood.
KSSS nailed it.

If you or your guys had been operating the machines and tore them up like that, I'd say you'd be responsible. If I was on a jury.. with the facts presented, it's a no brainer. the guy who hired the losers are responsible.

If my sub brought me an invoice for something his guys broke on the machine he rented, I'd tell him it's not my problem. Likewise, when I blow a hydraulic line on a job site, and a job site hazard didn't cause damage, it's my fault not the property owners.

I can't understand that sub contractors logic? He's on the hook for $3600.. and I guess desperate people do desperate things but he should be looking at those operators first and himself second. Geesh.
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Old 03-12-2014, 05:17 PM
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YellowDogSVC YellowDogSVC is online now
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Quote:
Originally Posted by KrayzKajun View Post
Yea I told him this is strictly business, nothing personal. He got pissed and hung up on me. He sent me a text today saying he would pay half. I didn't even respond.
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Good for you. I think anything you say from this point forward to him would be wasting your time. He doesn't understand that now you probably can't trust him, he caused you unnecessary grief, and probably ruined a working relationship that ultimately would have brought him more business all because he hired lame operators.

A lesson here.. you have to know the sub and the sub's help. If those clowns had hurt someone on your job site or done damage to the site, it would be on you but what they did to something he rented.. is on him. If you had rented it, you'd be on the hook for damages BUT you'd probably have a good case for small claims court according to a conversation I recently had with a judge.
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