Sticky Situation

Discussion in 'Business Operations' started by NNL&LS, Sep 5, 2007.

  1. NNL&LS

    NNL&LS Banned
    from zone 5
    Posts: 88

    Here's the breakdown: I was in a partnership last year, and I got out and started my own corp this jan. There was a property that we installed an irrigation system on last november, and my former partner doesn't know much about irrigation. So, I told him I would start the system.
    First attempt, and the well is not on. (Should note that customer chose and dealt with well company seperately).
    Had to wait to get water on. Then, I tried to fire everything up three times before realizing there was 160 psi.. we had requested 50. Nothing I can do, but leave a message stating that to the owner. I never hear back. Today, my former partner tells me that the property owner claims that he wants a refund, as he had to hire another company to install a new system.. I'm puzzled, it was all there, just needed lower pressure. What can the property owner do, and do I stand a chance of potentially being sued??
     
  2. J Hisch

    J Hisch LawnSite Senior Member
    Posts: 952

    a good call log will back you up that you left messages and the reason the system wasnt running. I would find out why the new company said it needed to be a new system. This is where insurance comes into play.
     
  3. NNL&LS

    NNL&LS Banned
    from zone 5
    Posts: 88

    Unfortunately, I did not keep a call log, and I am sure insurance on my part will not come into play, as this is technically not my system I was trying to start. As far as the other company, I have no idea. I am planning on lawyering up in the morning though to be safe.
     
  4. carcrz

    carcrz LawnSite Silver Member
    Posts: 2,085

    Whoever got paid should be responsible for the insurance claim. You might give them a call to let them know the circumstances.
     
  5. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    You need as much documentation as possible, for starters I would document this:

    - Date of: First attempt, and the well is not on.
    > DO note that customer chose and dealt with well company seperately.

    - Had to wait to get water on. WHEN was it finally turned ON?
    Then, I tried to fire everything up three times before realizing there was 160 psi.. we had requested 50.
    > WHEN? HOW did you know? What time, date?
    Nothing I can do, but leave a message stating that to the owner.
    > Need TIMES and DATES!!!
    Approximations are ok, document all of it, redundancy is better in this case than lack of information.

    When was the estimate given, what was the work agreed upon, the walk through, all of that, time and date it, what happened, what was said, all of that crap, how much was paid, blablabla, the entire run down one long story from beginning to end (or now). If you're not sure on the date I usually put "On or about"

    I've been in these trifles and done nothing more than wrote out a big text file in Notepad, print and saved it.
    If that crap comes back you will need this!
    The better your stuff looks to be all in one sock, the better your chances in a fight over stupidity.
    More so if 6-12 months go by from now until the trial date, document this NOW before you forget!
    A good portion of cases like these are won by he who remembers the facts best, no kidding.
    Nothing beats black and white to back up short term memory for the long run, while one party can't remember the other fires one thing after the other across the bench, IF it comes to that.
    Save it so you can add stuff later if you remember.

    Tough luck, his choice, not your problem, he dug his own grave.
    He did not HAVE to hire another company, he CHOSE to.

    Unfortunately the chance always exists, but I wouldn't worry until the papers are served, it could as well happen as not, no telling.
    I'd say 50-50 worst case, maybe 90% in your favor best case, so, small chance.
     
  6. Brianslawn

    Brianslawn LawnSite Silver Member
    Posts: 2,004

    the partnership installed the system. if it were brought to court, thats the company that would have to be sued. since it doesnt exist anymore... this dumb @$$ is SOL.

    ....but hes just blowing smoke trying to spook you because hes a miserable looser with no life and nothing better to do. (you may want to remind him of all these facts, especially the last one).
     

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