Recomendations PLEASE!!!!!

Discussion in 'Lawn Mowing' started by jimithing31, Jul 20, 2008.

  1. jimithing31

    jimithing31 LawnSite Member
    Posts: 145

    Not sure if this is in the right place but here is my dilema.... I took on a light landscape removal job as well as a 2 month mow service for this clown that just bought a house and is moving into it in a few months.

    I gave him a price for the services we agreed and I asked for half up front. He wrote me a check... (He REALLY did not want to pay any until job complete) I said I would not do work without at least half.

    The first cut was a big job as it had not been done in at least 2 months. (st augustine grass in Florida)

    The landscape job was to remove all hedges from front and back of house. I removed and entire trailer and truck bed FULL .. about 30 hedges.

    So I do the first cut and explain to the guy I can't get to the hedges for about a week as I am in season with mowing and have a strict schedule. No Problem he says. 3 days later he is calling me wanting to know why the hedges have not been removed. I refer to our initial conversation and tell him I would have it done by the end of the week. He says OK. Friday rolls around and I get there remove the hedges and do a second cut. I call him to tell him job is complete and to find out when he can meet me to pay for the balance. (No Answer) I get a call from him the next day and he is flipping out on me saying the job is a mess. That i did not rake up his beds and remove old mulch and weeds....

    NONE OF THAT WAS TALKED OF. I even asked him if he wanted anything additional other that tearing out the hedges. He says NO his wife was going to do the landscaping.

    He says he thinks we are even and he was not going to pay me the balane of what was owed.

    I am looking into what I need to do to file a Lein on his home currently. But in the mean time what I want to do is to return all the hedges that I pulled back to his front yard. I currently have them piled in my back yard.

    My dilema is that this home is in a gated community that has a PITA security gate that has banned LCO's from the community before. And I am a little concerned about him calling the cops and what they could do to me.

    If I was confronted I would simply explain that I was contracted to remove this stuff and then he did not pay. I am not going to pay out of my pocket for disposal of his crap. So I am just returning it.....

    What do ya'll think I should do here????
     
  2. mississippiturf

    mississippiturf LawnSite Senior Member
    Posts: 674

    Did you have a written contract??

    If you didn't have a written contract, then its a "he said, she said" thingy. You probably don't want to hear this, but you might possibly have to write off the balance to "stupid tax"!!

    You could try putting a lein on his house, but without a written contract, who knows??

    If you did have a written contract, show this turkey who's in control!!
     
  3. billslawn89

    billslawn89 LawnSite Bronze Member
    Posts: 1,364

    once again another dilema...i always say get things in writing. any landscape job i do over 75.00, i get a signed agreement! it explains in detail what i will be doing and most of all the price and when its due, then nobody can say this or that!! not very professional about putting the bushes back..be professional about it and talk nicely to the guy or go rake up the debris that was left.
     
  4. jimithing31

    jimithing31 LawnSite Member
    Posts: 145



    To the best of my knowledge here in Florida the laws do not require a written contract. A verbal agreement and a handshake are all that is needed.

    What are the opinions on returning his "JUNK" to his yard??? Unprofessional on my part? Or just part of the game??

    I REALLY want to put it all back on his property so he has to pay someone else or remove it himself.
     
  5. howierd3866

    howierd3866 LawnSite Senior Member
    Posts: 348

    always get something in writing and sign also once the material is remove off the property it becomes YOURS if you were to return it you will be arrested for trash dumping and your truck will be impounded..We try something like that long time ago where we graded a yard and didnot get paid so we went back with the tractor to redesign his yard Also you lucky got some money up front we dont
     
  6. howierd3866

    howierd3866 LawnSite Senior Member
    Posts: 348

    a verbal agreement dont mean nothing it will go down he say she say...
     
  7. bohiaa

    bohiaa LawnSite Fanatic
    Posts: 5,220

    Most of the time this is true..... HOWEVER waht happens is, IF you go to court, it can take all day....

    all day COST is VERY EXPENSIVE.... for me it would be anyway. My time is around 125.00 an hour so you can Quickly see how much it would cost to try to claim this small ammount of money, with you being the plantiff you have the burden of proof, and you dont have any other than he said this and that and here is a part pay check.... all he has to say is I DIDN"T say that...
    BAM CASE CLOSED.....

    Good LUCK
     
  8. TomberLawn

    TomberLawn LawnSite Bronze Member
    Posts: 1,299

    Just go rake the beds and get the rest of your money. Shouldn't take that long and it's better than losing half of what you've already earned. Hopefully, it's not too late to take it easy and tell him you didn't think your original agreement included whatever else he's wanting, but that you'll do it if he pays you. If he's already really mad and you are too, there's not much you can do, sadly. Don't take the shrubs back. That's looks really immature and unprofessional.
     
  9. KrayzKajun

    KrayzKajun LawnSite Fanatic
    Posts: 10,742

    :laugh::laugh:Send the Ninjas at night with sum Round-Up icecubes!:laugh::laugh:
     
  10. jimithing31

    jimithing31 LawnSite Member
    Posts: 145

    I'm definatly NOT going to do any more work for this clown. He has already gotten 2 mows and about 2 hours of labor out of me and my helper.

    I think he really NEVER had any intention of paying me the balance of what was owed. After thinking back on the whole situation when I asked for half up front and he initially resisted I think if I did not get that I would not have gotten ANYTHING....

    I think he was trying to get the damn job done and stiff whoever did it all together...

    Upfront written contracts will be a absolute requirement from now on....
     

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