Lco's Beware Of Contract Signers

Discussion in 'Lawn Mowing' started by befnme, Feb 17, 2006.

  1. befnme

    befnme LawnSite Bronze Member
    Posts: 1,413

    i learned a valuable lesson today .Last year i signed a contract with the store manager .I always use the manager of a chain because they are an appointed decision maker for the company .well the district manager said that i was doing a great job and that the lawn had never looked better ..I went to do that account today that is a nationwide auto parts chain .i am about half way done witht the front when the manager runs out to tell me to stop because i had been replaced with someone else .i said you cant do that because i have a contract with you .he said that corporate told him that i had a contract with him not the store itself .i am a little confused now .i thought that if a stores corporate office ok'd the manager to sign the contract and pay me every month that the manager was acting on behalf of the store .according to corporate office apparently that isnt so .so now i have my attorney trying to find out if it is in fact a breach of contract by the company or the manager .i get along with the manager great so i dont wanna sue him .guess we will see what the atty. says. for future reference guys if a store manager signs a contract have him or yourself foward it to corporate to have them sign it aswell .oh by the way i didnt lose the contract because of my work, the corporate office signed a deal with a company to cut all of the stores in nc and va for the same $55.00 no matter what size it is .
     
  2. Gatewayuser

    Gatewayuser LawnSite Bronze Member
    Posts: 1,734

    befnme
    I sent a PM to you.
     
  3. befnme

    befnme LawnSite Bronze Member
    Posts: 1,413

    sent you one back
     
  4. rodfather

    rodfather LawnSite Fanatic
    Posts: 9,501

    I bet your attorney says you're in the right.
     
  5. Jpocket

    Jpocket LawnSite Silver Member
    Posts: 2,278

    I have a contract with a Dominos pizza, and the store manager signed the contract. I believe that the store manager is acting on BEHALF of the corporate headquarters.
     
  6. befnme

    befnme LawnSite Bronze Member
    Posts: 1,413

    i would check and make sure there are no loopholes .my guy acted on behalf of him compant too but you see where it got me .as far as the company is concerned you have a contract with that individual not the company .
     
  7. MarcSmith

    MarcSmith LawnSite Fanatic
    Posts: 7,157

    in most cases, you are correct the manager acts on behalf of the compnay, but the manger isnt always party to the the decisions further up the corporate ladder.

    If they kicked you off the property, then you are due the money for the work you've done up the that point, plus any money as specified in your contract for cancelation of the contract with out proper notice....before i started dropping dimes on the lawyer Id send a letter to the manager and copy to the district manager indicated the final amount owed and terms for paying the balance due, send along a copy of the contract highlingthe cancellation cluase....I know you don't want to loose the contract, but i looks like you'll have to try to get whats owed and try to replace them with another client....

    Just imagine if you did not have a contract...then you'd have nothing....a contract is like a lock on your door. It keeps honest people honest....
     
  8. Gatewayuser

    Gatewayuser LawnSite Bronze Member
    Posts: 1,734

    Dominos is a franchise.
     
  9. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    As far as large multinational chains, I won't deal with anyone less than an area supervisor, and I don't even like it that way... I much prefer dealing with franchises and then, I deal only with the owner for the exact reason mentioned above.

    Because anybody can come around in a corporation and say-it-isn't-so and next thing you know, you see what happens.

    ....................
    On another note, if it's a franchise corporation (meaning the corporation sells franchises) it is still possible you're dealing with a corporate store as the corporation will take over bankrupt franchises and they also set up stores of their own. In the case of Domino's and many others, some stores are franchised while others are corporate, and you don't know unless you ask. And if you ask and they don't know the answer (corporate or franchise), time to find someone who does.
     
  10. maelawncare

    maelawncare LawnSite Senior Member
    Posts: 420

    was the contract in the business name or that guys personal name?? not wither he signed it, weither what name the contract is under.
     

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