Legal Action?

Discussion in 'Business Operations' started by D_LawnCare, Feb 13, 2003.

  1. D_LawnCare

    D_LawnCare LawnSite Member
    Posts: 6

    I will try to explain this the best way I can.

    I recently submitted a bid for a property. The person that I gave my bid to was the chairman of the landscape committee. Well come to find out this chairman has a good friend in the lanscape business who also put in a bid for this property. Now I am learning that the chairman called his friend, told him what I bid and asked him to redo his bid. I also found out that he has been slandering my business by saying I can't do the work, and don't have the experience, things he knows nothing about.

    Opinions?

    Thanks,
    Jay
     
  2. Fantasy Lawns

    Fantasy Lawns LawnSite Bronze Member
    Posts: 1,913

    That's going to be a tought one ..... what we have in our bids is

    THIS PROPOSAL CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION OF FANTASY LAWNS INC. AND SHALL NOT BE USED, DISCLOSED OR REPRODUCED, IN WHOLE OR IN PART, FOR ANY PURPOSE OTHER THAN TO EVALUATE THIS PROPOSAL, WITHOUT THE PRIOR WRITTEN CONSENT OF FANTASY LAWNS INC. IN AND TO THIS DOCUMENT AND ALL INFORMATION CONTAINED HEREIN REMAINS AT ALL TIMES IN FANTASY LAWNS INC.

    But it's hard to control it .... it's always going to be a "who you know" type of business in some bids

    As far as slander .... if you heard it first hand or have someone whom would swear in court ..... I'd drop him a heads up to be careful of what he says or we may meet in court ..... which would be a costly nightmare ... more of a threat .... yet if it is serious damage n customers got back to me with the info .... than he'd have the nightmare

    http://injury-law.freeadvice.com/libel_and_slander/

    Good Luck
     
  3. devildog

    devildog LawnSite Senior Member
    from sc
    Posts: 270

    The post from Fantasy Lawn is likely to be the best advise you will get at this site. The only thing I could possibly add, is to have your Lawyer send both parties a "Notice Letter", to the effect....... further public remarks, could result in legal action. Its a warning shot across the bow, that you will not tolerate further disparaging public discourse. Its set precedence, that they've been put on notice.

    Also, use the disclaimer, as provided by Fantasy. Well written.
    with regards... devildog
     
  4. D_LawnCare

    D_LawnCare LawnSite Member
    Posts: 6

    Thank you very much for the advise. I have that disclaimer already in my bids, at least a similar one. I wasn't sure how much weight it would have in court. I found out that I came in a couple hundred dollars less than the competition on the bid, and I believe this guys is trying to make me look bad so his buddy will get the contract. It isn't a huge contract but it's around $20,000.00 a year, which can come in handy. I already have a call into my lawyer but thought I would see if anyone here had any experience with this.

    Thanks again,

    Jay
     
  5. Ground Master

    Ground Master LawnSite Senior Member
    Posts: 505

    maybe on these bigger bids you ought to suggest to the client that the process be a sealed bid.......whereas every bidder has there bid in a by a certain date, then all bids are opened in the presence of all involved.......

    Or insist that you will only bid if it is a sealed bid process.

    just a thought
     
  6. paponte

    paponte LawnSite Silver Member
    Posts: 2,366

    These things always happen when bidding. It's the nature of the game. Just to give you an example: I myself make generous donations to both Rep. & Dem. parties every year. They always seem to remember when town bids come in. Call it snake'ish, but it's the name of the game... and it does work.
     
  7. xpnd

    xpnd LawnSite Senior Member
    Posts: 378

    The chairman already made the decision who was going to win the contract before going out to bid however he needs more than just one bid to take back to the committee. Your were expected to come in higher (the reason you were called) but were a surprise when you were low man. Happens all the time. When asked to bid commercial I ask a series of questions. If the answers aren't to my liking, I simply state I'm not interested wasting my time and helping you justify keeping your current service provider. More money and words will be spent, spoken and wasted than anything else. The only winner will be your lawyer collecting the fee. Would you really consider going back next year or the year after and bid this property again knowing what you know know with all things being equal.
     
  8. bommaritro

    bommaritro LawnSite Member
    Posts: 151

    xpnd

    What questions do you ask? I have gotten burned on this before. The owner had already picked out a person that he liked and then requested bids. I had no idea what had happened until after the contract was awarded and I received a call from the winner thanking me for the complimentary bid.

    Ron
     
  9. MPhillips

    MPhillips LawnSite Member
    from zone 7
    Posts: 94

    I have always thought it would be great for a "contractors only" website where we could share client information. When someone burns a contractor, their name would be posted on the board, and everyone would know to stay away...I can think of a lot of reasons why it wouldn't work out. But I like to think about it when I hear of this kind of stuff...haha
     
  10. D_LawnCare

    D_LawnCare LawnSite Member
    Posts: 6

    I have just today learned some new information. This chairman has been making calls to every equipment company in my area to find out if I have bought equipment from them. He evidently didn't call the right one, and is now going around saying that I don't even have any equipment, and that I can't do a job of this magnitude. He is starting to become a nuisance so I phoned a lawyer today and he said that if I don't get the bid, I would probably have a case.

    To be continued.....
     

Share This Page