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Strength of signed contract

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treeboss

Member
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?
 


JETX

Senior Member
This all resolves down to ONE issue.... did you remove the tree??

If so, did you remove the tree AFTER he contacted you about cancelling the agreement??
 

treeboss

Member
contract obligations

We are due to remove the tree this thursday however, my impression from the homeowner is, that's not soon enough and someone else will be doing it. In the certified letter I told them WE would honor our end of the agreement and be on site on Thursday to remove and collect...he says he'd sooner see me in court. I'm sending the crew BUT if the tree's gone...I have a valid breach, right?
 

HomeGuru

Senior Member
Re: contract obligations

treeboss said:
We are due to remove the tree this thursday however, my impression from the homeowner is, that's not soon enough and someone else will be doing it. In the certified letter I told them WE would honor our end of the agreement and be on site on Thursday to remove and collect...he says he'd sooner see me in court. I'm sending the crew BUT if the tree's gone...I have a valid breach, right?
**A: what kind of a business man are you? Agree to the termination and move on. Get another $500 job.
 

JETX

Senior Member
"We are due to remove the tree this thursday however, my impression from the homeowner is, that's not soon enough and someone else will be doing it."
*** Then don't send your 'crew' unless you confirm FIRST that the homeowner still wants your services.

"In the certified letter I told them WE would honor our end of the agreement and be on site on Thursday to remove and collect."
*** Why?? Don't you think that trying to FORCE your services on someone who clearly doesn't want them could cause you more aggravation than needed?? A good business owner would realize that a single dissatisfied customer can have a significant negative impact on his business.

"he says he'd sooner see me in court. I'm sending the crew BUT if the tree's gone...I have a valid breach, right?"
*** In my opinion (and based only on the information in your posts), no.

If you go out there and the tree has already been removed, your ONLY possible 'damages' would be the cost of you sending your crew out there. And even at that, the homeowner could very well convince a court that, since he had already cancelled your services, the 'trip' and costs were at your risk.

If you get there and the tree remains, the homeowner could very easily contact the police about your trespassing and/or theft of the tree.

Simply, I see NO upside and a huge potential for downside to your position. Why not just accept the fact that he cancelled his contract and move on to the next tree 'project'??
 

treeboss

Member
Contract obligations

It's businessWOMAN and, it is more than a $500 job. Tree work is very seasonal and breach of contract is something I take very seriously. That job and the neighborhood it is in could potentially lead to several others. Tree work is not as deffinitive as, say, carpet installation...it's all about exposure and competition. If I let any guy with a chain saw come in and undercut my work and don't hold customers to their contracts, I would be out of business in months. If signing your name to an agreement means that little, none of us would be in business anymore!
This is not the first time this has happened to our firm and, I am pretty fed up with just letting it go and moving on as I add up the losses over the past year.
I wasn't asking permission to take this to court, I was asking if I had done the "homework" necessary to win. If you don't agree with proceeding, I appreciate your opinion but, that wasn't the question.
 

HomeGuru

Senior Member
Re: Contract obligations

treeboss said:
It's businessWOMAN

**A: ok, so you're a female business person.
*********

and, it is more than a $500 job.

**A: that is not the point. The $$$ is not the issue but rather at this juncture you already know that the homeowner does not want your services.
*********
Tree work is very seasonal and breach of contract is something I take very seriously.

**A: well then you should have gotten serious and charged a cash deposit and made the deposit non-refundable in the event of termination. And specified dates and added in disclaimers for your protection. Your contract was not tight at all.

********
That job and the neighborhood it is in could potentially lead to several others.

**A: not at this point and especilaly of you give more grief to the homeowner. Your name will be mud around the neighborhood.
********


Tree work is not as deffinitive as, say, carpet installation...it's all about exposure and competition. If I let any guy with a chain saw come in and undercut my work and don't hold customers to their contracts, I would be out of business in months. If signing your name to an agreement means that little, none of us would be in business anymore!

**A: you need to brush up on your business skills with emphasis on marketing and PR.
*********


This is not the first time this has happened to our firm and, I am pretty fed up with just letting it go and moving on as I add up the losses over the past year.
I wasn't asking permission to take this to court, I was asking if I had done the "homework" necessary to win. If you don't agree with proceeding, I appreciate your opinion but, that wasn't the question.

**A: good luck.
 

JETX

Senior Member
"It's businessWOMAN"
*** Who cares??? Your insistence on gender specific terms is ridiculous.... and an indicator of 'other problems'.

"and, it is more than a $500 job."
*** Yea, it is a $1000 job, per your own post. And if you do this job, you are very likely to NEVER get paid without legal action, and you would likely lose that.

"Tree work is very seasonal and breach of contract is something I take very seriously."
*** Obviously more seriously than having a 'satisfied customer'.

"That job and the neighborhood it is in could potentially lead to several others."
*** Do you really think that this 'customer' is not going to tell his neighbors about YOUR conduct?? Do you really think you are going to get more work out there?? Do you really think the neighbors aren't going to talk about YOUR CONDUCT when the police cars are there after the owner calls them??
Come on.... wake up!!

"Tree work is not as deffinitive as, say, carpet installation...it's all about exposure and competition."
*** Do you not think that carpet installation is competitive?? Of course it is, just like any other business.

"If I let any guy with a chain saw come in and undercut my work and don't hold customers to their contracts, I would be out of business in months."
*** Not if you have SATISFIED customers. And what makes you think that this is YOUR work?? At best, that is in dispute!

"If signing your name to an agreement means that little, none of us would be in business anymore!"
*** You REALLY don't get it, do you?? This issue is MUCH bigger than this one customer.... and very likely indicates why you are having problems.

"This is not the first time this has happened to our firm and, I am pretty fed up with just letting it go and moving on as I add up the losses over the past year."
*** What 'losses'?? Your not getting a job (or doing one) may be lost POTENTIAL, but it is NOT a loss unless you actually expended something. Simply, you can't lose something you never had.

"I wasn't asking permission to take this to court, I was asking if I had done the "homework" necessary to win.
***No you weren't!! Here is what you asked, "How strong is this signed contract?". The answer is... without reading your contract, no one can answer that.

So, lets look strictly at your other 'questions':

"What else should I do to prepare?"
*** Prepare for what??

"Should I engage a lawyer?"
*** Yes. A local attorney can read your 'contract' and see if it is binding on the customer. He/she will probably also tell you to ALWAYS get a deposit on getting the customers signature to minimize this problem in the future!!!
(He/she can also tell you exactly what I have already told you... for free.)
 

treeboss

Member
You know what, I think all of you are absolutely correct! How could I have forgotten that I live in America...the land of no responsibility for your actions and no integrity in business dealings unless there is "something in it for me".
I am comfortable knowing now, when I sign my name to something, I'll have all of you to back me up when I change my mind!
Thanks GUYS
 

HomeGuru

Senior Member
treeboss said:
You know what, I think all of you are absolutely correct! How could I have forgotten that I live in America...the land of no responsibility for your actions and no integrity in business dealings unless there is "something in it for me".
I am comfortable knowing now, when I sign my name to something, I'll have all of you to back me up when I change my mind!
Thanks GUYS
**A: now that's talking like a true American businessWOMAN.
 

JETX

Senior Member
"Thanks GUYS"
*** Of course, you're welcome.

And please, feel free to come back here when:
1) You are sued by the homeowner for 'damages' for loss of his tree, or
2) You are arrested for trespassing and/or tree 'theft', or
3) You manage to down the tree and haul it off and have to sue the homeowner for payment.
 

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