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Customer accusation of property damage

Discussion in 'Business Operations' started by MLSHP, Nov 25, 2013.

  1. tonygreek

    tonygreek LawnSite Gold Member
    Posts: 3,439

    Interesting take. Based on what you've laid out for the membership, I think it's safe to saw you have it under anything but control..."boss".
  2. TheLugNutZ

    TheLugNutZ LawnSite Senior Member
    Posts: 410

    lol :clapping:
  3. A. W. Landscapers  Inc.

    A. W. Landscapers Inc. LawnSite Bronze Member
    Posts: 1,287

    With all do respect, the OP should not try to write a legally binding contract unless he is a qualified attorney who specializes in contractual law.

    OP, you are making a huge mistake by agreeing to pay $400 to settle her claimÂ…Big mistake.

    You need to document everything in writing in case you need to use it to prove your case/disprove her claim. File a lien against the property for the money she owes you for services rendered. Do not hesitate any longer to file the lien.
  4. TheLugNutZ

    TheLugNutZ LawnSite Senior Member
    Posts: 410

    True, thanks for pointing that out. I should have said "Have a contract written up". I really dont think it should be all that difficult to write though. He may be able to look over one already written and just sort of use it as a base for his own, not copying verbatim, but using the most important legal terms and such. Contracts do not always have to be very complex. However with this issue it may be worth paying a lawyer. I think its more of a scare tactic than anything. They sign a piece of paper saying they cannot and will not take any more legal action in the future, that alone would prob stop most people from pursuing it further...
  5. Trees Too

    Trees Too LawnSite Silver Member
    Posts: 2,487

    I can really appreciate your desire to give her some firm & final "good-bye" money just to make her and the whole situation go away. The down-side is that it also gives you the appearance of being weak and caving-in. It's like the old saying. "Give in an inch and they'll want a mile!" I hope that you have an attorney on hand that you can consult. Don't just assume that you've heard the last of her!
  6. PenningsLandscaping

    PenningsLandscaping LawnSite Bronze Member
    Posts: 1,855

    Paying anything is bad news, she is going to rake you over the coals.
  7. TX Easymoney

    TX Easymoney LawnSite Platinum Member
    Posts: 4,078

    Civil suits are more tricky...its not a case of proving something beyond a reasonable doubt. Who has more evidence...

    I don't advocate paying anything to pita whiners...I like to prove them wrong with simple logic...
    For a small contract...I'd tell them to pound sand rather than pay. Though its 400 bucks..move on ...
  8. JMK26

    JMK26 LawnSite Senior Member
    Male, from Missouri
    Posts: 581

    Exactly. This is along the lines of doctors and nurses never saying "I'm sorry for your loss." when a death happens, it's admitting fault.

    Paying $400 is the same as saying "yeah we did it." it's even worse than saying "sorry".

    The only evidence she needs in court is the fact you paid $400, it's admitting fault.
  9. PenningsLandscaping

    PenningsLandscaping LawnSite Bronze Member
    Posts: 1,855

    Now the issue is, does he bail on the $400? If he does, she'll be pissed, and probably take it as far as she can. This is a real bad situation.
    Posted via Mobile Device
  10. A. W. Landscapers  Inc.

    A. W. Landscapers Inc. LawnSite Bronze Member
    Posts: 1,287

    All she has is a photo of some water damage in her basement. She has no proof that the water even came from the hose nor does she have any proof that the OP and his crew even turned on the hose the day they were servicing the lawn.

    Was there any rain within a week of when the property was serviced?

    Water showing up in the basement could be the result of hundreds of other possibilities…could even be a leak in the roof or an improperly placed downspout and a tiny crack in the foundation.

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