contract over??????????

Discussion in 'Lawn Mowing' started by heather, Jan 15, 2010.

  1. heather

    heather LawnSite Member
    Messages: 59

    I had a client who decided that he wouldn't renew our contract for 2010. In the month of Nov. we had a chat about some plants that died(ferns) and that I would replace them. I went to the nursery and they had about 10 left,I planted them.Today I receive an email with a copy of there landscape plan that shows the area that the ferns should go and that basically I needed to plant alot more. I think that I'm done with this man(pita for the whole year)since my contract was not renewed? He has got the installer to talk to me about how they hadn't' had any problems with the ferns dieing out before. I probably would have replace more just to keep him quiet but I will now have to get the ferns shipped to me from GA since we have had a severe freeze and the nursery's are out of the ferns.I feel that my responsibility is done since he didn't renew a contract and has hired another LCO,Thoughts????????
    p.s. Also wants 1/2 pallet of st aug replaced in thin spots in the dead of winter
  2. Frontier-Lawn

    Frontier-Lawn LawnSite Silver Member
    Messages: 2,955

    contracts over he is SOL! if he wants issues fixed its his worry now!
  3. AzLawnMan

    AzLawnMan LawnSite Senior Member
    Messages: 409

    If you are no longer on the property and no longer do service there then your done, dont replace anything anymore. But if you are on the job site still, does your contract have an "act of god" clause? If so, you can say they died of the freeze. If he wants additional stuff done, like the St. Aug, then charge him and have him sign an estimate. Other than that, dont do anything for free. Dont let them tell you its your fault why stuff died. They have to prove you were at fault. I had a Manager give me my 30 day notice, and then wanted 30 tons of rock and 50 plants planted before we stopped service. I put it in writting and she signed, done deal. DONT DO IT FOR FREE!. Good luck.
  4. topsites

    topsites LawnSite Fanatic
    Messages: 21,653

    No, not because he didn't renew, don't open yourself up like that.

    That's the reason you're done, the contract under which the work was completed has expired.
    And I reckon there's a reasonable time frame under which a customer might legally complain about some BS
    even after the contract has expired, but we're not talking a $5g paved driveway with a 10-year warranty either...

    Then I can't say with 100% certainty seeing how I don't know the whole story but I do
    think you made a rather reasonable effort to fix whatever the problem was.

    Maybe you DID kill them but from the look of things we don't even know what happened,
    but you were a nice guy and replaced more than a few at no extra charge.

    That settles it in my book, you fixed the problem we don't even know what caused it, now he wants more, tough luck.
    Last edited: Jan 16, 2010
  5. Ooomwizard

    Ooomwizard LawnSite Senior Member
    from atlanta
    Messages: 296

    Plants-like people and other animals- get old, contract diseases, get eaten, etc. Be done with him.

  6. jsf343

    jsf343 LawnSite Bronze Member
    Messages: 1,784

    tell him he can kiss your brown eye. contract is over.
  7. pararest

    pararest LawnSite Member
    Messages: 43

    Try to handle the situation as professionally as possible. Make sure he understands that it was in no way your fault the ferns died. You tried to go above and beyond by replacing the 10 before.

    I would not say anything that could effect future business from anyone he knows. Always try to part ways as friendly as possible. Who knows what this will bring you in the future.

    Micah Owner
    Paradise Restored Landscaping
    Landscaping Portland
    Irrigation Installer Portland
  8. Bunton Guy

    Bunton Guy LawnSite Bronze Member
    Messages: 1,895

    So let me get this straight....The coastal area had a hard freeze....which will kill FERNS & summer blends of turf. So now he wants you after your contract expired to replace everything for free in his yard that was killed by the deep freeze? I would laugh jokingly in his face pat him on the shoulder and say your on your own your new guy!
  9. Bunton Guy

    Bunton Guy LawnSite Bronze Member
    Messages: 1,895

    Let him know that your liability of his property ended the day he ended the contract.
  10. jvanvliet

    jvanvliet LawnSite Gold Member
    Messages: 3,944

    If you met all of the terms of your contract at the time it expired you owe him doodley squat. If there are still thins that are open, do them and tell them Alpha Mike Foxtrot... err that is Adios Mother... well never mind.

    I always complete my contractual obligations whether my contract is renewed or not. Work as a professional and leave as a professional... your reputation as a professional will spread and you'll get more business...

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