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job keeps changing

Discussion in 'Landscape Architecture and Design' started by olderthandirt, Oct 4, 2003.

  1. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    I did it! I took a commercial job for a lawn install and mulching and a few trees WITHOUT A WRITTEN CONTRACT! I got the job by word of mouth from someone who works for the company. Its a constuction co. and after talking to the owner and agreeing on a price We started the job. [The reason I did not have a written contract was the owner said he does million dollar jobs with out and he would'nt waste his time signing one with me. a handshake is his contract] This was a job I will always regret taking. The first day He informed me he would not pay sales tax and if I did not like it to leave, trouble was I was 50% completed by then so I figured I would eat the tax. [ this was an 8k ] When we showed up the next day the guy had used one of his skid steers to spread 20yds. of clay over every area we had finished. the area looked great it had been harly raked,rock hounded, and hand raked to get it perfect. The guy was thrilled with how well it was looking until apparently after we left. We showed up the next day and just about sh-t when we seen what he had done. We finished all the other areas before the guy shows up. I asked what he wanted me to do with all the clay he smeared around and he said just redo the area. Fine at an additinal $ I tell him. he said he wont pay any more so after some arguing I tell him I'm done and will send him a bill for the job. He says he won't pay unless I finish. After trying to explain to him I was finished until he messed up my work all I hear is I'm not gonna pay and there nothing you can do becouse we have no contract [ I'm so stupid ] I tell the guy No contract but I do have picture before ,during and after all the work. I finally have his attention and we discuss $$$ He says he will cut me a check now for $7200 I accept with the understanding that there is no gurantee [I put that in writing and had him sign and date it] so after I pay the taxes I end up with about $1500 less than agreed upon. My ? to all of you besides not having a written contract What should I have done differently?????? P.S. it was sooooo hard to controll my temper :(
  2. AztlanLC

    AztlanLC LawnSite Bronze Member
    Posts: 1,045

    i don't think there any recommendation besides never take a job without a signed contract, agreement, proposal.

    But I'm sure you already know that.
  3. DLS1

    DLS1 LawnSite Bronze Member
    Posts: 1,619

    Hard lesson learned. Don't believe everything someone tells you.

    Who in his right mind would do a million dollar project without a contract. The guy was lying to you all the way.
  4. mower_babe

    mower_babe LawnSite Senior Member
    Posts: 790

    you should at least be pleased that you controlled your temper and remained professional. That would be difficult.
  5. Georgiehopper

    Georgiehopper LawnSite Member
    Posts: 187

    I think you did ok considering you didnt have a contract. I would have lost it on the jerk. So, good for you...at least he paid you something and didnt stiff you completely.
  6. NCSULandscaper

    NCSULandscaper Banned
    Posts: 1,557

    Dont be too happy until the check clears. However it seems like you still came out ok considering what happened.
  7. Tider6972

    Tider6972 LawnSite Senior Member
    from Alabama
    Posts: 649

    redneck --- whipping... he intended to crap on you from the beginning , and a real good --- whuppin' is what he desparately needs. When you let him up, tell him if he opens his mouth again you will bring a lawyer
    and the revenue department too.

    i ain't smiling.

    You must not let this guy get away with this attitude.

  8. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    I appreciate the responses I guess I just needed to vent. And to Tider, believe me it crossed my mind! But the best place to hit a guy like that is in the wallet. There is a payback I think. The paper he signed that said there was no guarentee also stated that it was the only work I had performed for him. The check he cut for me says its for annual maintenance, that way he can write the cost off on his taxes. Would any of you drop a dime on him to the IRS or just forget the whole thing? I figured half the problem was mine for not getting a contract and I made good money for 2 days work But this just P-sses me off and I would feel alot better if he knew it was me that coused him to be audited LOL
  9. paponte

    paponte LawnSite Silver Member
    Posts: 2,366

    No one from my company sets foot on a jobsite without a signed contract. No if's and's or butt's! :cool:
  10. capital

    capital LawnSite Member
    Posts: 118


    I am not from Ohio, but are you sure you owe sales tax? In some states new construction or home improvement work changes the rules on sales tax. Is worth a look to see how it applies to your situtation.

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