How do you enforce a contract

Discussion in 'Starting a Lawn Care Business' started by Terra-Turf, Dec 14, 2005.

  1. Terra-Turf

    Terra-Turf LawnSite Member
    Messages: 22

    I’m curious of how I would be able to enforce the terms of a signed contract if and when a customer breaks the agreement in some way. Would it cost more than its worth to hire a lawyer and sue? Would it help to get prepaid legal or do they even do that with businesses?

    Thanks for your help

    PMLAWN LawnSite Gold Member
    Messages: 3,534

    This is something that you need to bring up with Bobby!:p

    What kind of $ are you talking. Need to know that 1st.
  3. LB1234

    LB1234 LawnSite Gold Member
    Messages: 3,208

    I don't see how the amount of money should matter. Breaking a contract is breaking a contract. I have wording in mine that states what deems a breach of contract. I also have wording in there that states they are responsible for all fees if they breach the contract, yadda, yadda, yadda.

    first thing to do is contact them via mail/letter. Then contact them via phone. Most of the time its just a miss or lack of communication.

    good luck.
  4. sheshovel

    sheshovel LawnSite Fanatic
    Messages: 5,112

    There is a prosses you go don't neccesarily need a lawyer ,you can do it yourself.Send them a notice of breach of contract.keep copies of all communications with them and take pics of the job site and bfr and after work if possible.Then if they don't respond to your communications file in small claims (In Ca)I think its under 1500.00 and regular claim if over 1500.00.You just ask the court for the correct papers and sometimes you can print them out off your County Courts web site.They like you to give the person plenty of opportunities to pay you first before you file
  5. bohiaa

    bohiaa LawnSite Fanatic
    Messages: 5,220

    You Cant !!!!!

    I have done this several times. "once on my own" but mostly with others.

    What happens is that you can sue them in small claims court, and you will win, However, it's a 1/2 day's loss, and you CANT force someone to pay.
    You can put a lean against there home, or Property where the work was preformed. But it has to be renewed every 7 years.
    if they own the property.

    and If they do before they can sell it the lean has to be taken care of.
    or-corse this is where your late fee's and expenses come into play.
    BUT you must outline this in your contract.
  6. Terra-Turf

    Terra-Turf LawnSite Member
    Messages: 22

    Thanks for the information everyone!

    PMLAWN LawnSite Gold Member
    Messages: 3,534

    I feel that the amount of money would come into play, If we are talking less than $50. File the lien and move on.

    Now if we are talking $500. big difference! $5000. Very big difference.

    But I agree that contact and communication is a must first.

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