Discussion in 'Business Operations' started by clyde, Sep 26, 2007.

  1. clyde

    clyde LawnSite Senior Member
    Messages: 336


    Ok i entered into a contract!
    Time and Materials contract i was awarded the PO ( purchase order) after having sent in the bid for my daily weekly , and monthly rate.

    I completed the job which had a change order and 5 more days extended to it.

    Now the SOB that i got the contract through is OFFERING ME !!!!!!!!! an amount that he is going to PAY ME!!!!!!!

    Has anyone dealt with this b4 ?

    His rep that was down here on site as i worked reported things and as i have found out didn't even report one of the guys that was working for me that was on site. Even though he went through the Osha safety training.

    Also i had to get workers comp for this job. The guy is saying that i am breaking some law not to have it. well about like half of everyone else i did! b4 this job that required it. I included the price in the bid i turned in, the one i got awarded the PO on. The guy is arguing the Field report against My time and materials bid and trying Jew me down. Thousands!!!!!
  2. carcrz

    carcrz LawnSite Silver Member
    Messages: 2,085

    Take him to court then. He agreed to terms & now changes his mind.
  3. clyde

    clyde LawnSite Senior Member
    Messages: 336

    what i am trying to figure out is HOW FLEXIBLE if it is at all a Time and Material Contract is ...
  4. carcrz

    carcrz LawnSite Silver Member
    Messages: 2,085

    it isn't flexible at all. You either worked or you didn't. Did you complete daily reports to show who worked & what they were doing? That might help out a little more in court. pics of work completed also help.
  5. clyde

    clyde LawnSite Senior Member
    Messages: 336

    well what i did was Hi light it on the map as we completed things. Of course i know where we started and where we finsihed. But the Scope of work was the same for the first 10feet as it was for the last. Which was Clear the vegetation. Chainsaw , Polesaw and tractor with bush hog on some pretty heavily grown up roads

    TJLANDS LawnSite Bronze Member
    Messages: 1,668

    Send him a new bill with a late charge.
    Then call your lawyer, give him a copy of your contract and have him send the bill . Along with a nice breech of contract letter.
  7. topsites

    topsites LawnSite Fanatic
    Messages: 21,653

    You mean to tell me there's no dollar amount on the contract?
    Ok, I mean, you turned in your bid, and it specified your rates, in dollar amounts, correct?
    And he signed it, did he not?
    You worked as per those rates, how many weeks or months were completed, at those rates, add all that up plus the change order (this has to be specified also thou), now you got your total, correct?

    Is it the same total you billed him for?
    If it is not the same total, something is wrong so stop right here.
    But so long it is, he has to pay that, in full.

    As for bills and debt negotiation:
    A bill is not negotiable, a debt is, but not a bill.
    An unpaid bill is not a debt until it is late, 30+ days or whatever your specs.
    A debt is a commodity and is negotiable, but a bill has to be paid, in full.
    IF a bill is not paid by the time it goes into collections, then it becomes a debt, now it's negotiable but not before.
    Because then we can negotiate his FICO points for my money.
    See what I'm saying, there's no negotiation unless I got his balls in my hand.

    Does that make sense?

    But so long he fails to pay the bill in full, it remains delinquent (or after however many days).
    Just tell the guy there's no negotiation, or ignore his calls is what I would do (to avoid further argument).

    Yeah now that's more like it.
  8. topsites

    topsites LawnSite Fanatic
    Messages: 21,653

    You could, I suppose, educate the man on the difference between bills and debts as far as negotiation is concerned, but it just chokes me to try and explain things verbally to someone attempting payment evasion, a simple form letter might work, let me see.

    Your name
    city st zip

    His name
    city st zip


    I am writing to inform you of the differences between a bill and a debt. As far as negotiation is concerned, a debt is a commodity, hence it is negotiable. However, a bill only becomes a debt after it has gone unpaid for a certain amount of time, unless there exists reason to believe someone does not intend to pay, in which case a bill can become a debt sooner.

    A bill, unfortunately, is not negotiable. In order for a bill to become a debt it must first be processed through collections, a process which can and will affect your credit record. After this you may attempt negotiation with the collection agency who will be handling the case, keeping in mind that litigation and judgements and other issues can arise, on top of late fees and court costs and interest it may not be feasible to attempt negotiation as it may still cost more then than now.

    I hereby kindly ask that you remit the full amount of $xxxxx within 10 days, please understand this company has no wishes to proceed further in this matter and I thank you in advance for your cooperation.

    Thank you for your time.
  9. Mrs. H

    Mrs. H LawnSite Senior Member
    Messages: 708

    Check with your state laws about the worker's comp. I recently read that AL was the only state that has no law about carrying W.C. though we do for contract purposes, too.

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