"i changed my mind"

Discussion in 'Lawn Mowing' started by bobbygedd, Nov 18, 2004.

  1. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    back in march: i got a new client. i recieved payment for a prepaid fert program. i only did one app to this point. she wants a row of trees along a fenceline. heavy shade. i reccomend hemlocks. splendid, we are a go. i bring 3 yds of topsoil to raise the height a bit. plan on bringing the trees next week when i have time. customer emails me saying they changed thier mind, hold off on the trees. i tell them they owe me for the topsoil. they say that they don't want the soil there, if they arent getting the trees. the soil is already there. they say they arent paying for it, i can come and take it back if i want. what do you do?
     
  2. geogunn

    geogunn LawnSite Gold Member
    from TN
    Posts: 3,010

    BOBBY WEASEL--as in the other thread, what does your contract say regarding changes to the specification?

    otherwise, if they wont pay for the soil, tell them it's theirs. if they want it moved, it is magically twice the price of what it cost you to be put there plus your profit. case closed.

    GEO
     
  3. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    so, if they don't want to pay for the soil, i should just drop it, forget about it?
     
  4. Mo Green

    Mo Green LawnSite Bronze Member
    Posts: 1,487

    send them a bill for the work that has already been done, and then - forgetaboutit.
     
  5. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    i did, they refused to pay. next move?
     
  6. crawdad

    crawdad LawnSite Bronze Member
    Posts: 1,939

    Tell them you are fixin to bring a large machine to load the dirt with, and you will not be responsible to damages to their lawn caused by this machine. They will, however, be billed for delivery AND pickup AND disposal of said dirt. Tell them of your perfect record of court cases.
    Why are you unsure of what to do? How does your contract cover change-orders? There must be some kind of surcharge for this. I know you wouldn't bring down the industry by working without a contract.
    Crawdad
     
  7. geogunn

    geogunn LawnSite Gold Member
    from TN
    Posts: 3,010

    BOBBY WEASEL--it seems to me since the soil is there, and they aren't going to pay, you have limited choices including:

    leave it...........

    go and get your dirt for free.........

    or have them pay for you going to get your dirt.............

    and of course, you could charge them in criminal court for the theft of your dirt.

    and perhaps they might charge you with vandalism for putting your dirt on their property.

    I dunno. it seems you are in a pickle on this one.

    GEO
     
  8. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    Just put a mechanics lein on the home. When they get the papers that there house is tied up with a lien over some dirt they will pay.You don't even need a contract to do it but then you leave yourself open to them taking it to court to force you to remove the lien. Either way its gonna cost them an attorney to force you to remove the lien or pay you to do it, or buy it. Don't forget all your cost, It's way cheaper for them to pay than to fight it. BTW, I would inform them that if they did not pay that I would put a lien on the house. Just don't do it over a phone lol
    Mac
     
  9. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    i'll tell you exactly what i did. her pre paid fert program was $350. i did one app which i deducted $50 for. that left $300. i took out $225 for the topsoil, and sent her a refund of $75. i love pre paid fert programs, they give me leverage
     
  10. Mo Green

    Mo Green LawnSite Bronze Member
    Posts: 1,487

    Now that's using your head for something besides a hat rack.
     

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