HOw do I collect???

Discussion in 'Pesticide & Herbicide Application' started by GREEN-UP, Apr 21, 2008.

  1. GREEN-UP

    GREEN-UP LawnSite Member
    from sw ohio
    Posts: 96

    Well, I new it would happen just not this early. I do several apartments for a small time grass cutter who is also a friend. He did sign contracts for 5 treatments for each complex. I finished the first round and invoiced him over a month ago. He wont answer any calls, owes me 1,000+ and the 2nd round is week late. Tells me he has to wait for money to come in. I am not doing anything until I get $$. How would you all handle this own??
     
  2. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Posts: 10,812



    You might be obligated to do what the contract states(your side). Take them to court for the full amount if they dont pay anything.
     
  3. mjlcare

    mjlcare LawnSite Member
    Posts: 177

    if you have a contract and both parties signed it , keep with the contract and you will be fine, if you dont do your end then he could pos win and say taht you didnt keep you end of the promise so to speak, just keep u pthe work and bill his ass for a large sum at the end. gonna suck for him but you shouldnt have anything to worry about, if nothing else you go to your lawyer and he sends him a letter that will take care of it lol
     
  4. garydale

    garydale LawnSite Senior Member
    Posts: 813

    Check the contract first. If it address payment etc. follow the contract.
    That said, don't start R-2 until paid.
    Go to the apartment management if necessary. Ask them to require a lien release from the contractor to show he paid his subs.
    You are/will lose the "friend"
     
  5. humble1

    humble1 LawnSite Silver Member
    from MA
    Posts: 2,495

    But once he (the landscaper) doesnt live up yo his end. LCO has no obligation to proceed with more treatments once the landscaper is in default.
     
  6. Hissing Cobra

    Hissing Cobra LawnSite Senior Member
    Posts: 700

    I agree with this statement.

    Does the contract stipulate that you must be paid within a certain amount of time after each application? If so and the landscaper has not upheld his end of the contract, he's clearly in violation of the written agreement. I would send a certified letter to him explaining this and that you're not moving on to step 2 until step 1 is paid for. I would also state that if the payment is not received within 30 days, there will be court action taken. Unfortunately, you're probably going to lose a friend.
     
  7. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Posts: 10,812


    Does it say this? Why go to court for 100 bucks when you can for a Grand.
     
  8. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Posts: 10,812


    Are we talking about not being payed??
     
  9. turf hokie

    turf hokie LawnSite Silver Member
    Posts: 2,743

    TRUST ME!!!!!!!!!

    Don't do more applications, you think it is hard to get 1,000 keep doing apps and try to get 4,000 at the end of the season.

    The only thing you are going to do is cost yourself money by doing more apps.

    I did the nice guy thing and kept doing apps for some guys, still waiting for my money. But now it is much more than it could have been.
     
  10. GREEN-UP

    GREEN-UP LawnSite Member
    from sw ohio
    Posts: 96

    Thanks for the advice. The funny thing is i gave this guy a written service agreement stating everything, late fees time period. i think he just figured since we are friends he can pay when he feels like it. He says "waiting for people to still pay me" thats BS. I am done till he pays, feel sorry for his properties that are looking bad.
     

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