I live in and own a small business in Maryland.
A customer called to request an estimate for tree removal, we responded in two days, a price was given and the contract was signed by the customer (in the space marked "Contract Accepted By", under the 50% Deposit Required to schedule work).
We waived the deposit fee and informed them their tree would be out as soon as the wind and ice died down and the other job we had ahead of them (which was on "weather hold") was complete.
12 days after contract signed (with snow, rain, ice, wind and freezing temperatures taking about 6 of those days) customer calls and says, you were supposed to be here today, where are you? This was a Monday
It was blowing 20 knots and everything was frozen. We explained we were pushing to Thursday. Without argument, the customer agrees.
The following day, customer calls to cancel because they got a better price.
Tells me they spoke directly with my estimator "at home" and give me the business number from last year's phone book (happens to be my home number!), he said he'd be there "weeks ago"! Husband calls back and tells me "What contract? I don't have a copy. If I don't have it in my hand I don't have a contract."
I sent certified letter advising them to "honor the agreement" and that our crew would be on site, as scheduled, Thursday morning to take their tree down and collect payment. I also enclosed a copy of the signed contract.
The husband has threatened to spend "what it takes" to avoid paying us this money. (Says he'd spend $10000 to avoid paying $500) I think small claims court will have no problem with this since there's no "date to complete" on the contract and we have weather on our sides.
How strong is this signed contract? What else should I do to prepare? Should I engage a lawyer? I have the feeling these people are not above lying to win this but we do have a signed contract. Anyone?
A customer called to request an estimate for tree removal, we responded in two days, a price was given and the contract was signed by the customer (in the space marked "Contract Accepted By", under the 50% Deposit Required to schedule work).
We waived the deposit fee and informed them their tree would be out as soon as the wind and ice died down and the other job we had ahead of them (which was on "weather hold") was complete.
12 days after contract signed (with snow, rain, ice, wind and freezing temperatures taking about 6 of those days) customer calls and says, you were supposed to be here today, where are you? This was a Monday
It was blowing 20 knots and everything was frozen. We explained we were pushing to Thursday. Without argument, the customer agrees.
The following day, customer calls to cancel because they got a better price.
Tells me they spoke directly with my estimator "at home" and give me the business number from last year's phone book (happens to be my home number!), he said he'd be there "weeks ago"! Husband calls back and tells me "What contract? I don't have a copy. If I don't have it in my hand I don't have a contract."
I sent certified letter advising them to "honor the agreement" and that our crew would be on site, as scheduled, Thursday morning to take their tree down and collect payment. I also enclosed a copy of the signed contract.
The husband has threatened to spend "what it takes" to avoid paying us this money. (Says he'd spend $10000 to avoid paying $500) I think small claims court will have no problem with this since there's no "date to complete" on the contract and we have weather on our sides.
How strong is this signed contract? What else should I do to prepare? Should I engage a lawyer? I have the feeling these people are not above lying to win this but we do have a signed contract. Anyone?