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Should I push a contract that will not be honored?

jcom

LawnSite Senior Member
Location
Bismarck, ND
I quoted a customer last autumn. They called me in June and wanted us to put in their system. We received a $200 deposit. They told us they would call when they had finished their own landscaping.

Lo and behold, a lowballer has installed sprinklers on their property. Just out of spite, I am tempted to enforce the contract. I have the deposit so evidently the installer has beat our price by at least $200. I am sure I would lose in court but the principle is the thing right now. The enjoyment could be immense!

Let me know your ideas!

John
 

jerryrwm

LawnSite Bronze Member
Why worry about a system that is already installed? What would you gain? You are $200.00 ahead and no worries or warranty. So a 'low-baller' got one away from you. If I could get $200.00 for every quote I turn out and then not have to do any work, you can bet your butt, I'd be mass producing those things. I'd even be tempted to get ahold of that low-baller and after I got the $200.00, have him go in and under bid me and put that system in.

Let them have the low-payers and go on about the business of doing business.

Jerry
 

olderthandirt

LawnSite Platinum Member
Location
here
have to agree with the above^^^^^
But if you want to spend a few $$$ and have some fun jerking those ppl chain then I might take the chance, nothing to loose except the $200
 

QualityLawnCare4u

LawnSite Gold Member
I agree with Jerry and Mac on this one. You got 200 bucks for just an estimate. I would do this all day long and be a happy camper making 200 and doing no work. Shoot, the more I think about it the better that sounds :D I personally would just leave this one alone and be happy with the 200 bucks.
 

olderthandirt

LawnSite Platinum Member
Location
here
Not to hijack the thread but something similar happened last yrs to me. I take a $250 non refundable deposit upon signing of the contract for lawn installs and had 4 neighbors sign up. Went back a cple. months later after there finish grade and they were all seeded. crappy but they were done.One customer asked about the deposit and I just pointed out the contract and that was the end of the conversation. Easiest 1k I ever made.
 
OP
J

jcom

LawnSite Senior Member
Location
Bismarck, ND
Yeah, I guess I'll let it go but I am installing next week three houses down so I may throw a few comments about court in his direction just for fun. See what kind of reaction I can get.

Thanks,

John :rolleyes:
 

Mdirrigation

LawnSite Platinum Member
Location
Maryland
A 200.00 deposit? Thats awfull low . We get a third down on each job , minimum deposit of $ 1000.00 . We are required to be licensed home improvement contractors . If someone cancels after 3 days they are not entitled to any refund .
 

IRRITECH

LawnSite Senior Member
Location
ATLANTA, GA
Just think, you got paid $200 for a qoute and in a year you get to go back and fix the system. Much more profitable repairing others mistakes.
 

cenlo

LawnSite Senior Member
Location
Ontario
jcom said:
I quoted a customer last autumn. They called me in June and wanted us to put in their system. We received a $200 deposit. They told us they would call when they had finished their own landscaping.

Lo and behold, a lowballer has installed sprinklers on their property. Just out of spite, I am tempted to enforce the contract. I have the deposit so evidently the installer has beat our price by at least $200. I am sure I would lose in court but the principle is the thing right now. The enjoyment could be immense!

Let me know your ideas!

John
I would definitely take them to court. (At least start the proceedings) In Ontario it only costs around $50.00 to file a claim for amounts up to $10,000.00 dollars. If they have signed a contract and gave a deposit the are obligated to finalize the contract amount. If anything, file a claim and never let it go to court. This will put the ball in there court, they know there in the wrong and may be willing to financially settle out of court. That is very unfair for anyone to do this to any company.
 
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