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03-23-2006, 02:10 AM
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Acorn
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Join Date: Mar 2006
USDA
Posts: 8
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Difficult costumer
Before anything, I'm sorry about my poor english. My native language is portuguese...
Hi everone...
I'm new in this forum and i'm looking foward to build a solid friendship with you all...
Well, I have a costumer that owe around $4000.00. He keep saying that will pay me whem everything is completed. But i finished his job weeks ago..., I kept doing punch-out lists over and over. Now, he wants me to remove all the sod, rake and put back just because the lawn doesn't look perfectly smooth. I found out that is just excuse for not pay what he own. I'm afraid to sue him because he is a lawer, and i don't want do this extra job because i know that i won't get paid. Any sugestions will be very apreciated!
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03-23-2006, 10:03 AM
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B&B Tree
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Join Date: Oct 2003
USDA
Posts: 805
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Welocme to this board, and don't worry about your English.
Some of these guys have a hard time with English and that is THEIR native language.
Your in a tough spot. Don't get buried deeper in this. You need to get a partial payment, but without good contract terms, and the fact you are working for an attorney, your in a spot.
Couple of rules here...
1. Never work without a detailed contract.
2. Never work for an attorney.
See your other post about getting a contract from me.
__________________
Dale Wiley - Owner / Project Manager
Western Sports Turf
Landscape Specialty Services
Wetland Restoration Nursery
Forest Grove, OR
503-357-7202 - Phone
503-359-9294 - Fax
Semper Fi
You know that on Judgement Day, all the gold and silver is gonna melt away ...
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03-23-2006, 08:28 PM
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Gold Oak Member
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Join Date: Nov 2003
USDA
Posts: 1,882
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Welcome ECL. Where are you located? Zone 9 could be by me.
Location will help us help you, each state has different rules and regulations.
__________________
Bill Schwab
In the year 1491, if the Naturescape Landscape Company did the site work in Pisa, Italy, they would not be calling it the "leaning" tower.
Encinitas, Ca. 92024
www.naturescapelandscape.com
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03-23-2006, 08:35 PM
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Acorn
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Join Date: Mar 2006
USDA
Posts: 8
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Hey Bill... Thank you for your help!!!!
My state is South Carolina. My business is in charleston...
This costumer got some "counceling" from people at Lowes.... And now He wants to teach me how to do my job...
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03-23-2006, 08:39 PM
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Acorn
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Join Date: Mar 2006
USDA
Posts: 8
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What is going on Dale? Thans for your help!!!!
I'll check out the contract!
Did you ever have any experience with some costumer like that?
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03-23-2006, 08:47 PM
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Gold Oak Member
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Join Date: Nov 2003
USDA
Posts: 1,882
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You gotta lovem don't you? I had to tell soem genious today who felt $18.00 a foot was too high to install his drains that he has us do the entire job or he can go hire some illegal alien and let them do the whole thing.
In the process we have to move 230 cubic yards of earth through a 43" wide opening he calls his side yard.
You just have to love them.....
Remember one thing. Never work for lawyers. My own attroney told me that after we got screwed by another one. You have two basic moving parts with an attorney, a rear end and a mouth. Both parts will interchange.
Since you are already into the deal with him, you engage our 3 day invoicing system, and escalate to daily. Submit your invoice at the end of each night and if he does not pay, move off the job. If he haggles and gives you something, he shows intent. Just load your invoices so if he stiffs you on the last payment, it does not hurt you that badly.
__________________
Bill Schwab
In the year 1491, if the Naturescape Landscape Company did the site work in Pisa, Italy, they would not be calling it the "leaning" tower.
Encinitas, Ca. 92024
www.naturescapelandscape.com
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03-23-2006, 09:12 PM
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Acorn
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Join Date: Mar 2006
USDA
Posts: 8
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I like that, Bill!!!!!!
I'm thinking about forget about the money he own me...
It's around $4000.00... I'm just afraid to get stucked with lawers...
I gave him one year warranty on the landscape. I want to forget about the money but and i want him to forget about me!
You know what, Bill? If he thinks that i'm too easy, he'll come back for more...
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03-23-2006, 09:22 PM
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Gold Oak Member
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Join Date: Nov 2003
USDA
Posts: 1,882
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You know your financial situation better than anyone. So you give a day and invest that in getting paid. If you get paid, it's a win win. If you get cheated, then all you lost was one more day.
Go into the situation telling yourself you are owed the money and you are going to get paid. Make the suituation right for yourself first, then you can make the situation right for someone else.
Give it one last shot. It's just one last shot that if you don't take, it will cost you $4,000.00. Now if you really want to hear what that $4,000.00 cost you in terms of your net, you have to ask Rick C. He can put it in a very precise perspective for you.
__________________
Bill Schwab
In the year 1491, if the Naturescape Landscape Company did the site work in Pisa, Italy, they would not be calling it the "leaning" tower.
Encinitas, Ca. 92024
www.naturescapelandscape.com
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03-24-2006, 08:19 AM
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Gold Oak Member
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Join Date: Jan 2006
Location: Charlotte, Vt
USDA Zone 5
Posts: 128
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Can you put a lien on the property?
That could get expensive to hire a lawyer to file papers etc. (I have no idea what it takes). But you may get paid some day, like when he tries to refinance his house, or sell it.
Does any one know if Landscape Contractors have standing to file liens?
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03-24-2006, 09:49 AM
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Gold Oak Member
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Join Date: Feb 2003
Location: Dixon, IL
USDA Zone 5
Posts: 388
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Is it $4k worth of sod work? If not, tell him to pay you everything but that, and see if he bites. Try to get something! $4k is a lot of house payments, truck payments etc... Don't let the lawyer BS scare you. In the eyes of small claims court, you're all created equal. And you may even get a judge that this guy ticked off at some time !
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If there were 3 of me, I'd only be 2 weeks behind!
Do I stay or do I grow now?
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03-24-2006, 07:12 PM
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Gold Oak Member
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Join Date: Feb 2004
USDA Zone 5
Posts: 533
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Don't know if this will help but I had problems years back with a couple who were BOTH lawyers. Of course, they tried to weasel out of the final payment. They tried to dazzle me with legalese but all that did was get my "Irish" up. So, I filed a claim in the small claims court in their home turf and let them know I was anxious to stand toe-to-toe with in front of the judge (who they probably knew) and debate the merits of the case. (Okay, I really just wanted to expose them as the cheap bastards they were).
I also hinted that I had some evidence I was very anxious to show the judge...
They paid the day before the trial date. I'm sure it was the fear of embarassment that made them cave. Remember "status" and "image" is what these shallow types live for.
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03-24-2006, 07:50 PM
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Seedling
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Join Date: Feb 2005
USDA
Posts: 130
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Next week I am filing small claims court against a $3100.00 and $3700.00. I can only collect up to $3000.00 but it will be worth it. I have sent collection letters and alerted the credit bureaus. Not much more to do, first problems in my three years but I'm sure I will have more. The thing that kills me is NEITHER one of these people were unhappy with the work.
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GOT MULCH?
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03-25-2006, 10:10 PM
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Sapling
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Join Date: Aug 2005
USDA
Posts: 275
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I agree with not working with lawyers, I never thought of it like that until reading things here, but after thinking it over my worst problems have been working with lawyers. It is bad to stereotype anyone, but this one is repeatadly accurate.
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We do it right the first time!
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04-07-2006, 03:25 PM
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Gold Oak Member
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Join Date: Apr 2004
Location: Lake Geneva, WI
USDA Zone 5
Posts: 151
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Okay, I get it now. Don't work for lawyers. I am not an exception! They live for and by contention, and spend their lives using words to justify bad behavior. Ick. Lucky us. We get to do real work, and take credit and responsibility for our actions.
The irritating part is, not only do I have to do something stupid (replace out a bunch of live plants) but I also have to find a new lawyer.
Last edited by spiderlily : 04-07-2006 at 03:28 PM.
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04-07-2006, 03:43 PM
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Administrator
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Join Date: Jan 2003
Location: Wisconsin
USDA Zone 4
Posts: 7,525
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What happened to you?
Funny story - a year or two ago had a meeting with a potential client, the husband looked familiar. 2 days later was watching the evening news and saw a commercial for a personal injury firm....guess who was in the commercial, and one of the staff?
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