are contracts worth anything?

Discussion in 'Lawn Mowing' started by bobbygedd, Jun 18, 2003.

  1. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    are contracts worth anything? has anyone had to go to court over non payment, or another matter, and won hands down cus of a contract? my buddy whos been mowin for 15 yrs said he has been to court, with a written contract, and lost, cus in the judges personal opinion, the contract was unfair. in his contract stated the lawn will be cut weekly, from april 1st thru november 15th. we had a drought, he showed up every week, and cut the lawn, customer refused to pay the bill stating it was not neccesary to cut because of drought/no growth. she won, and did not have to pay for the month service frr. anyone else?
  2. cos

    cos LawnSite Addict
    Posts: 1,253

    District Justices aren't worth a damn. They vote with "their" concience. They suck!!!
  3. nelbuts

    nelbuts LawnSite Bronze Member
    from SW, FL
    Posts: 1,053

    Yep they sure are! Have had to use mine twice in 19 years and was successful in both cases. One was for $1,000.00 and the other was $14,000.00

    My contract is used mostly for commercial properties and is four pages long. Someday I will try and put it up so others can see it. Several companies around here now use alot of my wording in their contracts. Makes me feel pretty good that I have helped them even though they never asked to use it.
  4. Turfdude

    Turfdude LawnSite Bronze Member
    Posts: 1,900

    Yes. They define guidelines for 2 parties. Yes I've been to court. Yes I won the full amount and received the full amount.

    Don't work w/out them. Word them properly. Have them reviewed by an attorney (if you so desire).

    They help eliminate problematic clientele to an extent too;)
  5. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    why thank you turfdude(bob). i do appreciate the reply, and yes, i do accept your apology.
  6. My contacts state lawn will be mowed as needed on an average on 7 days apart.

    In the spring we may as cloase as 5 days apart. (We bill by the mowing)

    We dont wait our time mowing a lawn that is brown in the middle of July and there is a watering ban.

    Just some common cents in my opinion.
    I do also understand that we need the money to live off of though.

    My customers apriciate that i dont mow there lawn if it doesnt need it. Buring the drough saeson we mow the lawn about every 16 days.

    Most lawns have a shady spot on the lawn even though the rest of the lawn is brown. We came and mow it all just so the shaddy spots look pretty good.
  7. Lombardi

    Lombardi LawnSite Senior Member
    Posts: 538

    I think that the judge's decision was correct. In small claims court it is the judge's duty to determine that contracts are worded fairly. If you were a homeowner that paid for lawn service do you think it would be fair to pay for mowing when it doesn't need it? Are you mowing your own lawn on a weekly basis even though it doesn't need it? I bet not. It is unfortunate that the customer would even sign this contract. In this case the customer should have refused the contract or re-worded it to say "on an as needed basis". Any contract that says mowing will be done on a weekly basis regardless of conditions, is an unfair contract, IMO.
  8. Lawn growth is so seasonal here. Then it's either drought or flood. I'd have a tough time collecting for work not performed. Heck I have a hard enough time collecting for work actually done.
    There is a company locally who bills 12 months per year! He's careful to not word it as "lawn mowing" plus the crew shows up every week, even if it's just to blow off the walks.
    He still looses a lot of "contracts" when the growth stops. He's lucky on the ones that just threaten court action. One client of his that I picked up was wanting to whip his butt!:blob2:

  9. Gravely_Man

    Gravely_Man LawnSite Silver Member
    Posts: 2,076

    Nothing gets done without a contract and yes I have been to court and won with a contract. Having a contract state, "in his contract stated the lawn will be cut weekly, from april 1st thru november 15th. we had a drought, he showed up every week…." That is just plan crazy. The judge was totally right in denying this. What was there to mow during a drought unless they had a sprinkler system?

  10. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    personally, when its hot and they arent watering, and nothing at all grows, i take this time to relax and get some rest. the only thing i dont like about the judges ruling in this case, was i dont think he should have taken it upon himself to decide if the contract was fair or not, that job belongs to the client, prior to signing it. so, what i gather is this: a contract is a good thing to have, it definitely communicates the deal between client and contractor. however, if the client then decides, after signing it, that they cant live with it, and it is brought before a judge, the judge will rule not on what the actual agreement was, but wether or not, in his personal opinion, it was fair to begin with. i wonder what would happen if the tables were turned. lets say, the contract states the customer will be billed only $25 per visit. the contract says nothing about excessive growth or rain. but, in the middle of a rainy season, the lawn guy decides to start tacking on extra fees to compensate him for the high wet grass, the customer refuses to pay. it goes to court. i wonder if judge wapner will then decide the contract was unfair, and find in the lawn guys favor, and rule the homeowner should pay the extra fees? u think? is there a difference between scenerio #1, and #2?

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