# 1st time? Need Help



## Wood Hick (Mar 10, 2011)

I did a very small job for a guy who seemed nice enough. No contract, a handshake deal, I would timber a few acres for him, he got 1/3 of the take , I got 2/3 because I was paying for equipment move in and the trucking out of the logs. No time period was set to start or finish, no time to pay up set. I would go back to it over time when I had a spare day this winter. I just finished it up and moved out my equipment last week. I totalled the mill slips and was preparing to send him a check when I get word he is taking me to small claims court. Never had anything like that happen before. My question is( and I am going to my lawyers office), with no contract what so ever, what can he possibly claim I did ? I am just befuddled by it. Thanks


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## ATH (Mar 10, 2011)

[his perspective]
Somebody stole my timber. I am taking him to small claims court, without a contract do I stand a chance.[/his perspective]

Call him and ask what he is looking for. Make it clear that you want to meet your agreement. Ask him what he thinks that is and decide if that is what best for you (even if that is more than you expect). Taking care of that before court will probably be in your best interest.

Use a contract next time.


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## lfnh (Mar 10, 2011)

Good advice there.

Misunderstanding of Leave vs Cut trees ?

Condition of site expectations - post harvest ?

Payment schedule ?


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## Wood Hick (Mar 12, 2011)

Thanks guys, my lawyer says pay him his 1/3 rd, include copies of mill slips, include a cordial letter. Sending it certified mail and cashiers check from the bank. My obligation is met, with no contract there are no reasonable expectations. He cannot claim payment was not on time because there was no time designated. I guess I will see what happens from there.


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## atvguns (Mar 12, 2011)

if you use a cashiers check will you have a record if he cashed it or not a personal check you would


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## Wood Hick (Mar 17, 2011)

Yes. Cashiers check from my bank drawn on my account. This comes with a receipt from the bank showing date and amount, even a by-line for what its for ( timber proceeds). Its a legal receipt in court. Sending it certified mail requires a signature, which proves he got it and when. That also does not give the receiver your personal account number( which it would with a personal check). Its good for 180 days, does not come out of my account until its cashed. It shows he was paid according to the terms of the handshake, and when, and how much. All for the ungodly sum of $5 dollars, its brilliant.


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## davistree (Apr 4, 2011)

*Lesson Learned*

I had a similar experience last season with a business acquaintance that owned a local mechanic shop. Being from PA, a commonwealth, a verbal contract is legal and binding. Long story short, the mechanic and I made an agreement for my company to clear a large overgrown lot, the mechanic would do some repairs to vehicles in my fleet, and there would an exchange of money coming either way depending on the work completed. I provided a written estimate to him for $XXXX including the demolition of a house on the property and excavation work included. We began the work, he continuously changed the work plan, add-ons, leaving the house, installing a gravel driveway, etc. He did work on two of my vehicles totaling a little over 5 grand. I was shocked. 5 grand for some front end work on a one ton dump and a some front end work on a small 4 cyl quote car. I took it in stride. I billed the mechanic for removing 30 large trees, over 200 smaller trees, and removing stumps with the excavator, and grading the entire lot for X grand (10 grand under bid). He would nt pay up despite our agreement. I took him to small claims court and won. He appealed and I have since spent over 3 grand in attorney s fees and the litigation has not even gone to deposition. Lesson in the end? Contracts, contracts, and contracts. I would nt cut a tree for a friend or family member even without a contract. I utlized the arguement that why would a contractor complete work without the authorization of the home/land owner? What would we have to gain by doing work we are not contracted to do? Surely, we are not working for free. In PA, the verbal agreement is binding and it would help significantly if you have witnesses and any other paperwork to back you up in court if necessary. Hopefully, you settle out of court without the large attorney s fees. In the end, the lawyers get the gold and we get the shaft.


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## RAG66 (May 7, 2011)

For the OP, and anyone else. #1 written contract, #2 customer signature. I don't mean to beat anyone but I have been screwed into some tight spots a few times on the handshake, "cash" deal. I get the "cash price" and you'll work harder and do more work... I do not do any work now for the handshake unless it is in writing. This makes it clear to both parties what is expected


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