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Legal Action?

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

  1. paponte

    paponte LawnSite Silver Member
    Posts: 2,366

    D_LawnCare, something like that I would just walk away from. If you sue the guy, what are you really going to get from it? Definitely not the job! In a case like that, I wouldn't want to be a part of them anyway. Let them get whoever they want, you'll know that you would have done a better job anyway!
     
  2. xpnd

    xpnd LawnSite Senior Member
    Posts: 378

    Listed in order of importance (IMO)

    1. Who is your current service provider?

    I know who the major players are and those that are whores. If it's one of the later I tell them straight up I won't compete with them. If it is one of the major players after the call is ended, I call the owner and find out if they know there client is actively seeking bids and I have been solicited and will be submitting a bid. This little bit of professional courtesy goes a long way and keeps everyone on friendly terms. It also paid back.

    2. Do you have a spec sheet of services required?

    If the answer is no, I ask if they are willing to create one so that there job is easier to select a service provider and ensure everyone is bidding apples to apples. If it's a client I really want, I will volunteer to come in at no charge and help create one. If they don't have one or don't want to make one then it is pretty much a done deal with someone else. Keep in mind these are not small commercial strip centers but jobs >$25k/year. I worked with Texas Instruments for nearly seven years as a facilities manager. We were required to have budgets and spec sheets for items less 1/5 of this amount. It's the only way a business can stay in business.

    3. How long has the current service provider been serving your needs and why are you looking for a new one?

    If the provider have been working for a long time or they really fumble answering the second half of the question or say something to the effect that we are just making sure our rates are competitive it almost a sure bet your simply being exercised. Good commercials generally stay with a provider they are happy with and it is hard for a stranger to get his foot in the door except using the good ole boy system. (I forgot, that's really what we are talking about here isn't it.). Commercials, that are like rats jumping off a sinking ship, always looking for the lowest price each year aren't the kind of customers I want.

    4. What problems are you having?

    If the service provider has been there long term and they can't give a list of several chronic problems (and the problems had better match up with what I know about the provider) that raises the caution flag real high for me.

    5. Do I need to be insured and if so what are my limits?

    If they don't know or they say no, you're talking to an individual with no authority. Ask to speak to their supervisor and start again.

    I work these questions in with many pass the time of day questions. For lack of better words, it's amazing how stupid these people are, sometimes they will just tell you I need your bid so I can keep my provider. I asked for a spec sheet one time and walked out with a complete copy (including prices) of the competition. WOW!!!
     
  3. Lawn DOG

    Lawn DOG LawnSite Senior Member
    Posts: 276

    You need to move on. This guy does not want you. Simple as that. **** happens. If you persure this you will look like a sore loser. Don't be surprised if the word gets out to avoid your company because you sue if you don't win the bid. You got everything to lose and nothing to gain. If this bid was going to make or break your business I would say you got too many eggs in one basket.

    You have gotten some great advise from us now use it.

    Only one person wins a lawsuit "your lawyer".
     
  4. MPhillips

    MPhillips LawnSite Member
    from zone 7
    Posts: 94

    Lawn Dog...In my case TWO people won against me in court; my ex-wife AND her attorney...haha
     
  5. 1stclasslawns

    1stclasslawns LawnSite Senior Member
    Posts: 565

    Face it ca-ca occurs, it happens.

    Is it fair? No. Is it ethical? No. But, it is your word against theirs, If you do go to court would you get the contract? Probably not. If you got anything it would be the difference between the contracts. Is it worth it for the time you would spend in court?

    Is it worth having your good name and reputation dragged in court? No

    Lets say another company wants you to bid and they hear you sued for this, they wouldn't even call you for the fear of going to court it would be a black eye for your business.

    Or were you just off on your figures.

    Oh, BTW they do NOT have to go with the lowest bidder. Give them something others cant.


    Jim
     
  6. adrianvbarrera

    adrianvbarrera LawnSite Member
    Posts: 163

    If you are sure that your bid amount or the bid itself was disclosed to another LCO then write a letter to the committe members and explain to them that your firm is retracting its bid due to the fact that you feel that your bid was used soley for establishing a price scale and that there were never any intentions of them awarding you the work. And to please remove your firms name from their bid list so that you will no longer be asked to bid on any of their work. Explain to them how you feel that some members of the committee have a conflict of interest in awarding this work to one of their friends.



    Just my thoughts.
    Adrian
     
  7. Hodge

    Hodge LawnSite Senior Member
    Posts: 261

    Adrian,

    Excellent response... professional and to the point.:)
     
  8. John Allin

    John Allin LawnSite Bronze Member
    Posts: 1,489

    Do you really want to work for them, given what's happened ?

    Sounds alot like you'll have even more problems if you DO get the job.

    Too much other business out there do deal with that kind of poopla.... IMO.
     

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