# event hits trigger but customer doesnt want you to go out



## DMT (Jul 24, 2017)

Hi i need opinions on this I have a 1" trigger with one of my accounts actually my biggest first few events went out no problem now they dont want me or the other contractor to go out unless they ask so the last few times we've had to call an email to get go ahead which can take hours if its early in am to get a responce which ultimatley is dont go now my problem is 1. Its my insurance on the hook and the contract states 1" trigger 2. I have budgeted and probably took less work to fullfill this contract. wondering if anyone has had these problems or suggestions. Off note next year thinking of putting in clause when it hits trigger and the customer doesnt want service to charge a fee. Since we all know if there is a slip and fall there passing the buck.


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## Randall Ave (Oct 29, 2014)

Do you have a contract?


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## DMT (Jul 24, 2017)

yes says what trigger is and customer signed there was no issue first couple times but i figure its a rather large contract split between three contractors i think there funds are running low i could be wrong or there just trying to nickel and dime


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## On a Call (Jan 14, 2015)

Randall Ave said:


> Do you have a contract?


Yep this
And if you do, I bet you could bill even if you were told not to go out.


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## DMT (Jul 24, 2017)

i agree just didnt want then run into a problem not getting paid because they said not to go unless given ok but i was thinking same thing just to go and do what contract says because my insurence is on the line


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## fireside (Mar 1, 2008)

Yup I have 

First thing you need to do is have the person who signed the contract send a email outlining there requested service level outside of the contract scope. Than send them a liability release form basically you no longer held liable for anything that happens onsite. You need to send that certified return receipt. The form must come back notorized with stamp original. When send them a will call contract with adjusted fees associated with the breach of contract and new terms as requested


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## Randall Ave (Oct 29, 2014)

Have your attorney send them a letter stating that you are not responsible for anything if you are not called out per the original contract.


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## fireside (Mar 1, 2008)

Most times when you ask for documents notorized it brings things to a end quick. On other thing you must service them as per the contract into the modified contracts are in full force. If not you become liable for anything that happens. Most time a email will work but inked and stamped is totally legal in ct


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## JustJeff (Sep 9, 2009)

Ask @Sawboy how this works. I'll bet you get an ear-full on this exact situation.


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## Mark Oomkes (Dec 10, 2000)

They have decided to change the scope of the contract. Either do as suggested or send them a new contract with adjusted pricing and tell them they have to sign it with all the legal formalities as suggested.

PS Raise the price when sending a new contract.


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## m_ice (Aug 12, 2012)

DMT said:


> i agree just didnt want then run into a problem not getting paid because they said not to go unless given ok but i was thinking same thing just to go and do what contract says because my insurence is on the line


So your not getting paid as is and you're afraid you won't get paid if you invoice?


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## m_ice (Aug 12, 2012)

Also, did I miss something? You said your insurance is on file but there is you and another contractor on site??? Is it your sub? If no, then that would have been my red flag to run from the beginning.


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## cjames808 (Dec 18, 2015)

Amend the contract with a higher price and resend or cancel. We cancelled two accounts this year because of similar circumstance:

1: Decided they wanted On Call service after signing a 1'' trigger and salt under 1''. CANCELLED by us

2: They would call or text hours after service(when they woke up) saying "don't salt today", we aren't paying or never requested it. I respond, "I am contracted to provide these services please read the document you signed". They also want every inch plowed because they are seasonal. Or you missed a spot we aren't paying. Best ever: They called literally 2 minutes after the salt truck came through and said "did you even salt today?"

On the bright side, we picked up a few others to replace and they seem great! And have several leads for next year thanks to poor contractors.


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## wishfull (Nov 22, 2017)

Had something very similar happen to us about 6 or 7 years ago. Working for a NSP (SNC) and they tried this crap. We done what the others above suggest you do and when SNC got my demands that they assume all liability they gave me a 30 day termination notice. That hurt the pocket book but not as hard as a lawsuit might of. This was for work performed at Gov't locations and we all know they have deep pockets and if they get involved they'll out last you. We survived so will you. DON"T back down.


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## sweetjetskier (Jan 24, 2004)

https://www.plowsite.com/threads/set-price-per-property.171044/

A thread the OP started in the fall, he may have bit off more than he can chew.


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## FredG (Oct 15, 2012)

sweetjetskier said:


> https://www.plowsite.com/threads/set-price-per-property.171044/
> 
> A thread the OP started in the fall, he may have bit off more than he can chew.


The Link you posted explains a lot.


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## Jacobmb (Dec 3, 2013)

I wouldn't ever risk non performance of contractual obligation.

Even if the client said, don't worry - skip this plowing service.

The liability is too great. 

If they want to pull that **** - amend the contract for a 50% fee of the per push cost due to cancelation and follow up with a waiver as already recommended. 

You can't cancel your health insurance for the week because you are feeling healthy and expect to restart the policy again later without consequence. 

J


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## Mark Oomkes (Dec 10, 2000)

Jacobmb said:


> I wouldn't ever risk non performance of contractual obligation.
> 
> Even if the client said, don't worry - skip this plowing service.
> 
> ...


You don't have a contractual obligation because in reality the contract has been broken by non-payment.


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## Jacobmb (Dec 3, 2013)

The OP didn't mention anything about non payment.

The way I read it, the 1" contract client called asking him not to go out and plow (in an effort to save money on the push) which isn't a non-payment issue and the OP has a contractual obligation and right to plow and charge for the service.

That being said If both parties mutually agree to amend the contract to allow the customer to cancel (in exchange for a fee and waiver of liability) then that would be another story...


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## FredG (Oct 15, 2012)

Meh, after reading the old post I think I'll save my ink.


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## Mark Oomkes (Dec 10, 2000)

Jacobmb said:


> I wouldn't ever risk non performance of contractual obligation.
> 
> Even if the client said, don't worry - skip this plowing service.
> 
> ...


It's been several months, I had no idea what the issue was anymore. The contract has been changed because the owner changed the trigger depth. There is no contractual obligation anymore.


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## Defcon 5 (Mar 20, 2014)

Mark Oomkes said:


> It's been several months, I had no idea what the issue was anymore. The contract has been changed because the owner changed the trigger depth. There is no contractual obligation anymore.


I could be wrong Mark...You still do have a contractual obligation until the original contract is amended or a new one is created...


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## FredG (Oct 15, 2012)

Defcon 5 said:


> I could be wrong Mark...You still do have a contractual obligation until the original contract is amended or a new one is created...


 You maybe correct, I would certainly go by the original contract. I would want a text or email that the client wants to change scope of work. Not no phone conversations that can not be proved in a court of law.


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## Mark Oomkes (Dec 10, 2000)

Defcon 5 said:


> I could be wrong Mark...You still do have a contractual obligation until the original contract is amended or a new one is created...


You're right...you're wrong...


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## FredG (Oct 15, 2012)

Defcon 5 said:


> I could be wrong Mark...You still do have a contractual obligation until the original contract is amended or a new one is created...


 You wrong, Oh hell no! :laugh:Thumbs Up


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## Defcon 5 (Mar 20, 2014)

Mark Oomkes said:


> You're right...you're wrong...


K...If you say so....Never knew you were a Yard Monkey Lawyer also...would not wanna test your "Theroy" in court


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## BossPlow2010 (Sep 29, 2010)

Defcon 5 said:


> K...If you say so....Never knew you were a Yard Monkey Lawyer also...would not wanna test your "Theroy" in court


Kangaroo court...


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## BUFF (Dec 24, 2009)

I had a customer wanting to go from what was agreed on per the contract to a "on call" bases. I told them they'd be the last to be serviced and the rate would increase 50%. They didn't understand why they would be penalized for what they wanted and I ended up firing them.


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## EWSplow (Dec 4, 2012)

BUFF said:


> I had a customer wanting to go from what was agreed on per the contract to a "on call" bases. I told them they'd be the last to be serviced and the rate would increase 50%. They didn't understand why they would be penalized for what they wanted and I ended up firing them.


I've had that happen. When they called and asked when I could come, I told them "after all of my regular customers have been serviced and everything cleaned up" . This would be about 1-1/2 days later .


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## Defcon 5 (Mar 20, 2014)

Maybe you should have hired....Oomkes Yard Monkey Lawyer.....


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## BUFF (Dec 24, 2009)

Defcon 5 said:


> View attachment 182954
> Maybe you should have hired....Oomkes Yard Monkey Lawyer.....


It that your cousin Vinny?


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## Defcon 5 (Mar 20, 2014)

BUFF said:


> It that your cousin Vinny?


Sure....Jewish Monkey Lawyer....He must be good


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## Mr.Markus (Jan 7, 2010)

....


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## Jacobmb (Dec 3, 2013)

" I don't care how many bananas they want to offer us - we will not settle!"


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## Luther (Oct 31, 2007)

It’s not that difficult to give a client reduced services. A simple and basic addendum spelling out an extra charge for an on call request with no time frame does the trick.


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## Defcon 5 (Mar 20, 2014)

Luther said:


> It's not that difficult to give a client reduced services. A simple and basic addendum spelling out an extra charge for an on call request with no time frame does the trick.


Huh....Kinda what I said...Then I was called a monkey by my fellow members...Atleast I can fix a sprinkler head


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## Ajlawn1 (Aug 20, 2009)

Defcon 5 said:


> Huh....Kinda what I said...Then I was called a monkey by my fellow members...Atleast I can fix a sprinkler head


Spray or rotator?


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## Defcon 5 (Mar 20, 2014)

Ajlawn1 said:


> Spray or rotator?


Rotator


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## Luther (Oct 31, 2007)

Rotator is a low-volume stream nozzle for a spray head. 

That is not a rotor head


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## BossPlow2010 (Sep 29, 2010)

Luther said:


> Rotator is a low-volume stream nozzle for a spray head.
> 
> That is not a rotor head


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## Luther (Oct 31, 2007)

5000 series. Great choice


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## Defcon 5 (Mar 20, 2014)

It's a sprinkler....My Lawn gets wet ...Enough said...


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