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  #1  
Old 12-20-2004, 09:22 PM
bobbygedd bobbygedd is offline
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wording of contract

i finished my last job today, and of course the thought of next years new customers , and what kind of crap i'm in for, come to mind. now, aside from the well liked (even by me) add everything up, divide by equal monthly payments route, let me ask you this....i will be looking to expand by 40 or so weekly clients next season, not all will feel comfortable with the equal monthly payment schedule, but then this opens up a whole new can of worms. i've already had this happen where i give fees based on what they asked for, then they start picking it apart saying, "ok, i decided to take this, and this, but not this, and not this....etc". then of course the arguments start, because the prices were based on the package, not hand picking this and that. so, is there a claus in the contract that reads, "prices based on all services as a package, individual services may vary in price"
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  #2  
Old 12-20-2004, 09:32 PM
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Envy Lawn Service Envy Lawn Service is offline
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Yep, that's in the proposal and it's one of the first things I explain if I have the opportunity to personally present the proposal to the decision maker.

Matter of fact, I've been thinking about getting together with my attorney over the winter to revise and update the format and wording of all my paperwork.
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  #3  
Old 12-20-2004, 11:26 PM
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impactlandscaping impactlandscaping is offline
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We generally offer ala carte service outside the contract for 15% over the contract price. When I do my proposals, I usually only include what was asked for and nothing else, meaning if they are asking for a mulch and pre em price, I don't throw out a price for shrub maint and weeding of the same beds. Too many people think you should keep lowering and lowering your prices with the more work you are doing on site. This leaves that opportunity open for an upsell at a later date if requested.
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  #4  
Old 12-20-2004, 11:42 PM
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out4now out4now is offline
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Sounds like a good idea, keeps your accounts from becomming a buffet.
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  #5  
Old 12-21-2004, 12:51 AM
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tiedeman tiedeman is offline
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you want to know something really interesting that still has me thinking. I was talking with my attorney about 1 1/2 weeks ago about something in regards with my wife with her work and I brought up the whole contract thing. And like she said, "Well, I hate to tell you this, but all contracts can be broken legally and they are not rock solid at all like most people think."

Made me wonder about mine. Whether they are just a piece of paper.
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  #6  
Old 12-21-2004, 12:55 AM
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KCLandscape KCLandscape is offline
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They are just a piece of paper!
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  #7  
Old 12-21-2004, 05:44 AM
bblawncareprofessionals bblawncareprofessionals is offline
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I agree... contracts can be legal, binding, etc... but they're just the fancy wording for an agreement between parties. If someone wants to make a problem, they're just the primary tool used by the judge to make a decision. You remember some "lawyer" arguing he was confused about the definition of "sexual relations".
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  #8  
Old 12-21-2004, 06:17 AM
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Soupy Soupy is offline
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Contracts are still a good thing. I got burned by a cleverly worded contract once. I rented a piece of property and the lease was worded were it renewed itself every year unless I gave notice in writing that I wanted to terminate the lease 30 days before it ended. I rented this place for 27 months (originally one year lease). When I called the landlord and told him that I would be leaving in 2 moths. I told him that I would send him next months rent and that the extra month's rent he was holding (he also had a deposit) he could apply for the following month. He told me he was keeping both the last months rent and deposit because I was breaking the lease. The lease renewed less then 30 days before I gave notice. I thought it ended over a year ago. Anyway I told him bull **** and that my lawyer would be contacting him. He then told me that he was being kind and that if I tried to fight him in court he would hold me to the other 11 months. Well I called a friend of mine that is a real-estate lawyer and she said that it was 50/50 that I would win and advised me to chalk it up as a loss. She said that she could possibly find a loop hole but it was really up to the judge. I didn't want to chance it so I gave in. I had to send this a hole 2 more months rent. To top it all off I made many improvements to this place at my cost. You would think he would have been cool about it. He had the place re-rented 10 days after I gave notice.
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  #9  
Old 12-21-2004, 07:22 AM
olderthandirt olderthandirt is offline
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Quote:
Originally Posted by Soupy
Contracts are still a good thing. I got burned by a cleverly worded contract once. I rented a piece of property and the lease was worded were it renewed itself every year unless I gave notice in writing that I wanted to terminate the lease 30 days before it ended. I rented this place for 27 months (originally one year lease). When I called the landlord and told him that I would be leaving in 2 moths. I told him that I would send him next months rent and that the extra month's rent he was holding (he also had a deposit) he could apply for the following month. He told me he was keeping both the last months rent and deposit because I was breaking the lease. The lease renewed less then 30 days before I gave notice. I thought it ended over a year ago. Anyway I told him bull **** and that my lawyer would be contacting him. He then told me that he was being kind and that if I tried to fight him in court he would hold me to the other 11 months. Well I called a friend of mine that is a real-estate lawyer and she said that it was 50/50 that I would win and advised me to chalk it up as a loss. She said that she could possibly find a loop hole but it was really up to the judge. I didn't want to chance it so I gave in. I had to send this a hole 2 more months rent. To top it all off I made many improvements to this place at my cost. You would think he would have been cool about it. He had the place re-rented 10 days after I gave notice.
Soupy ask your attorney friend about getting some of your money back. She should have know about mitigating circumstances. She could find a loophole? the landlord did when he rented it out 10 days later. He never lost a dime, in fact he double charged for rent, Ain't allowed to do that.

Mac
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  #10  
Old 12-21-2004, 08:08 AM
bobbygedd bobbygedd is offline
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aint worth anything? contracts have been the difference between collecting and not collecting for me
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