Please help!! Lawn contract question

Discussion in 'Lawn Mowing' started by Ijustwantausername, May 9, 2011.

  1. Ijustwantausername

    Ijustwantausername LawnSite Bronze Member
    Posts: 1,475

    I had a guy (banker) sign a contract for me to do some landscape work on a foreclosed house, really nice house too. I did the work and he paid but in the contract I stated the lawn details as:

    --Edging, lawn mowing, blowing and trimming, and that lawn will be mowed at 45 per mow in the future and would be billed separately.

    I didn't specify how often or when I would mow, those details we talked about over the phone.

    He's already late on one payment and wants me to do some weed control in an area not specified in the contract on the next visit. I want out of the contract as soon as he pays. Is there anything he can do/say as far as signing the contract and me getting out of it? He currently owes me, I owe him nothing and he hasn't prepaid me for anything.

    It doesn't say anywhere about monthly or yearly lawn care. It was simply added with the other landscape details for the other job.

    And I know, like an idiot I didn't specify that I could cancel it at anytime.

    thanks.
     
  2. MOturkey

    MOturkey LawnSite Silver Member
    Posts: 2,762

    Guess I'm missing something here? You got paid for the original job, which I assume was more because of additional work and/or cleanup. Right?

    Then you say he is late on a "payment". Does he owe you for one mowing, a month, two months? He's asked for additional services, at which time you simply say there will be an additional charge as the weed control isn't included in the original price. I've not done any work for a bank, but I did one mowing last summer for a management company. Took me almost 60 days to get paid, so I'm guessing banks are probably almost as slow to pay. Payment probably has to be approved at a board meeting, and they may only have one a month.

    Unless there is more to this story, I'd try to see how long before I can expect payment, then go from there, rather than lose the account. Just my 2 cents worth. Good luck.
     
  3. PROCUT1

    PROCUT1 LawnSite Platinum Member
    from TN
    Posts: 4,909

    A contract is only worth the effort someone will take to try to enforce it.

    Nobody is spending thousands on lawyers to hold a lawn contract.

    A phone call telling him you wont be servicing the property anymore will work just fine.
     
  4. Ijustwantausername

    Ijustwantausername LawnSite Bronze Member
    Posts: 1,475

    Hey Turkey, yes you are correct, i've already been paid for the original job but in that contract, i also stated that i would be mowing trimming etc. for the summer. I think he's thinking weed control was included because its listed on there, which was done for the other original job.

    They are late on one payment, the other payment they still have a week or so left. I'm thinking about waiting to get these fees first then continue mowing, I don't like a lot of outstanding bills.
     
  5. Ijustwantausername

    Ijustwantausername LawnSite Bronze Member
    Posts: 1,475

    You're right, I didn't know if they had a lawyer on hand waiting to say something with them being a bank and all. Guess we'll see.
     
  6. IS500Z

    IS500Z LawnSite Member
    Posts: 246

    A word of advice. Do not make your contracts open ended. Specify precisely the scope of work and the compensation that is required including timing of the payment. If more work is requested, place that in another contract which specifies that scope of work exactly. Doing so will help both sides understand their obligations.
     
  7. Ijustwantausername

    Ijustwantausername LawnSite Bronze Member
    Posts: 1,475

    You're right, I generally do but this one was weird the way he wanted things done. Seems like there is always something to learn in this industry...
     
  8. ALC-GregH

    ALC-GregH LawnSite Fanatic
    from PA
    Posts: 7,053

    better hold onto your hat, sounds like he's taking you for a ride.
     
  9. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    Well, and what if they do, how are you going to get your money,
    same way they'll get you to show back up.

    Now I'll tell you, thread after thread here about folks crying the blues because we have no way,
    there exists no legitimate method by which a business owner can collect money owed, ultimately
    it's up to the customer and if they don't want to pay, we can beg and plead and threaten and curse
    and do whatever we feel like doing but ultimately if they don't want to pay, they don't have to.
    That is the bottom line.

    But now, on the other side of that there table...
    They don't pay?
    I don't show.

    What can they do, take me to court?
    I suppose they could try begging and pleading.
    But I tell you right now, it best be a Playboy model willing and ready lol
    I ain't talking about no meaningless flirting either. :nono:
     
    Last edited: May 9, 2011
  10. KINGMADE

    KINGMADE LawnSite Member
    Posts: 237

    Wouldn't non pay fall under theft of services? If not. A conversation about how you are about to turn it over to the police for theft of services may change some minds. It may also inflame some. But worth a shot at the end of the day.
     

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