Register free!

The Green Industry's Resource Center



Reply
 
Thread Tools   Display Modes
  #21  
Old 04-02-2014, 10:04 AM
southern79 southern79 is offline
LawnSite Member
 
Join Date: Nov 2007
Location: Columbia, SC
Posts: 87
If you pull the fence and the silt migrates with storm water, could you be liable/negligent?
Posted via Mobile Device
Reply With Quote
  #22  
Old 04-03-2014, 08:57 PM
turboawd turboawd is offline
LawnSite Member
 
Join Date: Dec 2005
Location: midwest
Posts: 221
Quote:
Originally Posted by AintNoFun View Post
very true.. it sucks getting burned but you'll be in more trouble. idk if you have a contract or not but if you remove the fence and they possibly get fined or worse yet damages occur from sediment leaving the site I would assume you would be on the hook for that because you created the issue.
Quote:
Originally Posted by southern79 View Post
If you pull the fence and the silt migrates with storm water, could you be liable/negligent?
Posted via Mobile Device
the guy never got paid for the job, so how can they prove he even did the job? let alone, be held responsible....
Reply With Quote
  #23  
Old 04-03-2014, 09:06 PM
whiffyspark whiffyspark is online now
LawnSite Fanatic
 
Join Date: Jul 2011
Location: Chesapeake beach
Posts: 5,520
Contracts
Posted via Mobile Device
Reply With Quote
  #24  
Old 04-03-2014, 09:27 PM
turboawd turboawd is offline
LawnSite Member
 
Join Date: Dec 2005
Location: midwest
Posts: 221
Quote:
Originally Posted by whiffyspark View Post
Contracts
Posted via Mobile Device
a contract is not complete until paid.
Reply With Quote
  #25  
Old 04-03-2014, 09:28 PM
whiffyspark whiffyspark is online now
LawnSite Fanatic
 
Join Date: Jul 2011
Location: Chesapeake beach
Posts: 5,520
Quote:
Originally Posted by turboawd View Post
a contract is not complete until paid.
Yeah but its proof you did the work. Its as easy as the customer calling the cops for trespassing
Posted via Mobile Device
Reply With Quote
  #26  
Old 04-03-2014, 09:33 PM
turboawd turboawd is offline
LawnSite Member
 
Join Date: Dec 2005
Location: midwest
Posts: 221
Quote:
Originally Posted by whiffyspark View Post
Contracts
Posted via Mobile Device
Quote:
Originally Posted by whiffyspark View Post
Yeah but its proof you did the work. Its as easy as the customer calling the cops for trespassing
Posted via Mobile Device
proof is getting paid. otherwise its just a signed contract to do the work, not that it was already done.
Reply With Quote
  #27  
Old 04-03-2014, 10:08 PM
AintNoFun AintNoFun is online now
LawnSite Bronze Member
 
Join Date: Nov 2003
Location: Northeast
Posts: 1,783
Quote:
Originally Posted by turboawd View Post
proof is getting paid. otherwise its just a signed contract to do the work, not that it was already done.



and then can make him perform the work other wise he would be in breach. so basically he would have to go install the fence all over again if given the notice to proceed only to not get paid again and file a claim/lien...

when your a subcontractor you are basically always screwed, even when your 100% right doesn't mean your going to get paid. many unscrupulous gc's out there gamble on there subs not coming after them. its purely financial the average guy is not going to get a lawyer involved over few thousand dollars because just 4 or 5 hours of the lawyers time eats up most of that... even if you used an AIA contract gonna cost you $800 bucks or so just to file an arbitration case... you may be able to recoup those costs but that's not always 100%
Reply With Quote
  #28  
Old 04-04-2014, 12:14 AM
KrayzKajun's Avatar
KrayzKajun KrayzKajun is online now
LawnSite Fanatic
 
Join Date: Oct 2006
Location: Harvey,LA
Posts: 10,426
Get ya fence back yet??
Posted via Mobile Device
Reply With Quote
  #29  
Old 04-05-2014, 12:19 PM
AEL's Avatar
AEL AEL is online now
LawnSite Bronze Member
 
Join Date: Oct 2009
Posts: 1,603
Sorry guys but it is a crazy thought to even try and remove the fence. You will be held responsible for any issues with the environmental agencies.
Posted via Mobile Device
Reply With Quote
  #30  
Old 04-05-2014, 05:18 PM
Junior M's Avatar
Junior M Junior M is offline
LawnSite Fanatic
 
Join Date: Jun 2008
Location: South Carolina
Posts: 13,173
Wouldn't tearing the fence out result in more lost money? Because of having to pay labor.

I'd let it go.. If you never get burnt on a job your doing good.
Posted via Mobile Device
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Copyright ©1998 - 2012, LawnSite.comô - Moose River Media
All times are GMT -4. The time now is 11:21 PM.

Page generated in 0.07823 seconds with 7 queries