So you wanna be a........

[kthompson]

FWJ, sorry for your problem. In addition to the HOA (on keeping grass cut) some counties have laws if zone for residential. Surprised to learn ours does. Not sure how well enforced but there is a las on the books.

 

[Reverend Blair]

Contracts, people, contracts.

"XXXXXX is not responsible for damage to underground lines, foundations, or existing landscaping, except as marked by the utility provider (Call Before You Dig). No work will be carried out in marked areas." Right at the bottom of every estimate. I always give a written estimate and work doesn't start until they sign the bottom of it.

I also have a clause saying that is the property owner's responsibility to determine where their property line is. I once moved a fence three times because of a dispute between neighbours, and got paid for every move.

 

[Soundguy]

they can still sue you right thru that lil piece of paper contract... once in court it might hold some water.. but you have to jump thru all the hoop$$ first..

soundguy

 

[shane]

they can still sue you right thru that lil piece of paper contract... once in court it might hold some water.. but you have to jump thru all the hoop$$ first..

soundguy

Yep, what a man needs instead of a contract is a psycho nut cheatin' crook detector.

 

[wolc123]

I think a good way to solve a lot of this country's problems would be to require all lawyers to serve 5 years in a developing nation (China, India, Etc.) before getting a licence to practice in the USA. Those countries have a desperate "shortage" of lawyers compared to the good old USA so this might benefit them as well. Has anyone ever looked at the add pages in the back of the phonebook and seen how many lawyers are in there? In my book it is the biggest section. There are more lawyers listed than auto repair services.

 

[Reverend Blair]

hey can still sue you right thru that lil piece of paper contract... once in court it might hold some water.. but you have to jump thru all the hoop$$ first..

Ah, but they don't. I've had two threats, and both times I pointed to the contract and the problem went away. Once was for a cracked driveway, once was for a cracked driveway (apparently a half-ton full of lumber was too much for it) and once was for a underground lawn watering system in a yard I couldn't have hurt.

There have been legitimate things over the years, and I gladly fix them, no matter what the contract says. Word of mouth advertising is worth more than a few bucks.

 

[mjncad]

Now, who wants to go mow someone's weeds for a few extra bucks?

That's why I quit doing side jobs with my rig. I wasn't making enough money to justify the hassle and potential problems like what you describe.

I had one broad want me to backfill her outbuilding/office/warehouse septic tank. I took a look at it, and told her it was an easy job as it was. Careful placement of the fill dirt in shallow lifts and no compaction until after the final lift was placed slightly above grade. She called up griping that I may have damaged her septic system, and I told her how I did the work. She said she would talk to her hubby about it and call me back. Apparently hubby told her I did just fine with my method and it shut her up.

I had done some other work for her earlier and knew she was difficult to deal with, which is probably why the system installer never backfilled the tank completely. I've never heard back from her and that's fine, and even if she did try to screw me for something I didn't cause; I'd reply back with a comment about the county and HOASS would be real interested in knowing she is running a commercial enterprise with employees, UPS & FedEx trucks coming and going in a residential estate area.

After that, I said the heck with side jobs...not worth it. Now I only do work for two of my neighbors that I know are honest and easy to work with.

 

[Farmwithjunk]

Ah, but they don't. I've had two threats, and both times I pointed to the contract and the problem went away. Once was for a cracked driveway, once was for a cracked driveway (apparently a half-ton full of lumber was too much for it) and once was for a underground lawn watering system in a yard I couldn't have hurt.

There have been legitimate things over the years, and I gladly fix them, no matter what the contract says. Word of mouth advertising is worth more than a few bucks.

You've been lucky......No contract, no disclaimer, no written or verbal agreement can eliminate you entirely from liability if the other party can prove negligence in any shape or form. Paper has a way of discouraging lawsuits, but not preventing them entirely. That's why the general contractor I work for has a staff of lawyers on retainer.

 

[Farmwithjunk]

they can still sue you right thru that lil piece of paper contract... once in court it might hold some water.. but you have to jump thru all the hoop$$ first..

soundguy

Yep.... There have been countless thousands of contracts voided by courts. No telling how many lawsuits filed even when all parties are SURE they've dotted all the "I's" and crossed all the "T's". And just as in my case this time, even though I didn't see where the guy had a leg to stand on, I STILL had to drag out the attorney, take time off work, and go deal with what I'd consider a frivolous lawsuit. (that has since been dropped)

I've got contract forms, statements of insurance coverage, detailed explainations of "scope of work", and any other precaution I can take, all signed before work begins. I still keep my attorney's phone # handy.

 

[MikesTractor]

Congratulations, FWJ, on getting the suit dropped. I agree with you 100% on the way you handled it without dropping to his level. From what I read here, you have earned a lot of respect for that from the people on here....Including me. In my book, that respect is worth a lot. Things like this have a way of taking care of themselves....he will get his, one way or the other. Like I've always heard...What goes around, comes around.

Mike