# contract question



## Tomcat (Oct 21, 2006)

I recently started a stump grinding business,I don't have a contract yet and would like to get some input on anything I might need to include on the form to cover any type of curve ball that a customer might throw at me.
I am licensed and insured,I guess I just don't want to get ripped off by some body because I did a job for them and killed a patch of grass while I grinded a stump.

If anybody has a nice contract that I could copy that would be awesome too,or tell me where to find a good one for a stump grinding business .

Thanks in advance and this is my first thread 

Tomcat


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## Ekka (Oct 21, 2006)

I have a little clause in mine that says ....

We are not responsible for damages to underground services (pipes etc).

My biggest advice ... (the contract or written quote over here) is also a sales document. Dont kill it with legal jargon.

Contracts can also be verbal as well as written. If you are going to leave a bid and want to cover your ass regarding the mound of grinding mulch left in the hole or the track marks on the lawn ... just add a little note on the bid or tell him. 99% of people are good you know.

Like today, I just bid to grind stumps and made a note that the customer has to remove a fence panel and gain neibs access ... failure to do so prior to works results in an additional $100 charge for us to do it.


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## Tomcat (Oct 21, 2006)

yeah sounds like good advice...I guess the main thing is too look at each job and try to find anything that might become an issue before you start the job.

I bought the big receipt pad that leaves a lot of room to write different things if needed.I will write anything I see that might be a problem on that ,I also had a stump at the my house that needed to be ground so I took digital pictures before and after.

I wanted to show the customer what he /she will be left with after I am finished grinding the stump.So they can't come back and say"you need to get up that mess you left in my yard before I pay you".
I will probably bid the job both ways (clean /just grinding)


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## Ekka (Oct 21, 2006)

Very good idea the pictures, I try to always leave the grindings, PITA to cart that crap away, they can just use it in the garden.


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## l2edneck (Oct 21, 2006)

Thats about it i always finish with:

"Not responsible for any underground utilities due to stump grinding.Remove all debris and trimmings EXCEPTmulch form stump grinding."

When they read that they will usually ask and i say "We can remove it for an additional cost."


Only had promblems when someone else sold/wrote the estimate.


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## Tomcat (Oct 22, 2006)

l2edneck said:


> Thats about it i always finish with:
> 
> "Not responsible for any underground utilities due to stump grinding.Remove all debris and trimmings EXCEPTmulch form stump grinding."
> 
> ...


I will probably use that line,"Not responsible for any underground utilities due to stump grinding.Remove all debris and trimmings EXCEPTmulch form stump grinding.

seems like a good disclaimer,puts all the responsibility on the customer.Is that on the bottom of your work contract?


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## jrizman (Oct 31, 2006)

Tomcat said:


> I will probably use that line,"Not responsible for any underground utilities due to stump grinding.Remove all debris and trimmings



well, if you electocute yourself that wouldnt help  

"call ahead before you dig" applies to stump grinders too. however, cable lines are usually not marked. you could get one of those underground finders (name escapes my dumbass right now) and take that with you on every job.


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## Steve-Maine (Nov 1, 2006)

I always had in my stump grinding contracts that we are not responsible for any lawn damage or damage to any untilies not marked by DIG SAFE. Never had a problem, only lost one job in over 40 years because of lawn damage clause.


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## JUDGE1162 (Nov 9, 2006)

DO NOT USE VERBAL CONTRACTS!! GET IT IN WRITTING.

Sorry for the yelling but I see more people get screwed because they said oh those people are good people they would never sue me, we had an understanding.

First give bids for everything no matter how small, use a standard form and on the bottom list basic items.


Here is how I do mine (not a stump grinding business but you get the idea)



Name of client
Address of client

Regarding: Address of work Site

As per your request, YOUR COMPANY NAME is pleased to provide you with this proposal for TYPE OF SERVICE services at the above referenced property. 

It is our understanding that based on our conversation about your property. You want (whatever the job is) (example: 3 stumps ground, on the northwest portion of your property)

SCOPE OF WORK

Task 1 – Grind stumps

1)	We will grind the stumps 6 inches below ground surface; the mulch created during the grinding operation will be placed in the hole left after grinding the stump.

This task allows for the following:
•	One day of stump grinding with (type of equipment or general description (example 10 HP stump grinder)
•	Two workers
•	Transport of equipment
•	Removal of excess mulch (if required) 
•	transportation and disposal (of mulch, wood scrap, stumps) up to 1/2 ton 
•	Clean fill (if required up to 1/2 ton) 

Task 2 – whatever else you might do
Permits, call before you dig, tree removal, etc.


COSTS

YOUR COMPANY NAME’s estimated cost for the performance of the tasks presented above is $X,XXX. Should there be any reason to modify the scope of work; YOUR COMPANY NAME will seek your approval before commencing any such additional work. All work will be performed on a time and materials basis in accordance with our Standard Fee Schedule (attached). Work Payment terms are 30 days from the date of the invoice. 1.5% late fee will be charged each month the invoice is not paid. (get paid up front and you don't need to worry about that in that case write payment in full is required the day the work is preformed)


Limitations and conditions

YOUR COMPANY NAME anticipates being able to commence work within ten (10) working days upon receiving your notice to proceed. To initiate this project, YOUR COMPANY NAME requests acceptance of this letter and confirmation of our engagement by your signature in the place provided below. 

YOUR COMPANY NAME will coordinate a mark out of public utilities on-site, however, the site owner must establish all non-public utilities. YOUR COMPANY NAME assumes no responsibility for the location of or damage to underground utilities not clearly marked by the site owner prior to commencement of site services. YOUR COMPANY NAME will require a 10 feet wide path to each stump, it is "the NAME of the Client” responsibility to clear a path to each stump, otherwise YOUR COMPANY NAME will clear a path (for Cost?) to each stump, YOUR COMPANY NAME assumes no responsibility for the location of or damage to trees, lawns, driveways, well heads, plantings, gardens, rockwalls. etc. (whatever else you want).


If you have any questions or need additional information regarding the information presented herein, please do not hesitate to call me at (XXX) XXX-XXXX Ext. XXX. 


Sincerely,
YOUR COMPANY NAME

____________________________ 
Your Name 
Position or owner


cc:	File – Proposal #XXXXX




Accepted for and on Behalf of CLIENT’S NAME

___________________________ 
Signature 

___________________________ 
Name (Print) 

___________________________
Date


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## jrizman (Nov 9, 2006)

thats a good outline for a contract... make sure you make them site specific for the work your doing and the job that is being done!


nice info! thanks!


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## JUDGE1162 (Nov 9, 2006)

Even if it is not as fancy I have seen good one on pre-printed carbon copied forms that on the bottom in "Fine print" say

1.We will start work in XX working days (this is important incase they say you took to long)
2.Payment is due within X days and a late payment of X% (make sure it is legal) will be charged monthly on past due balances. (I have been paid 2 times as much when we go to court due to late fees)
3. YOUR COMPANY NAME assumes no responsibility for the location of or damage to underground utilities not clearly marked by the site owner prior to commencement of site services. 
4.YOUR COMPANY NAME will require access to the work Site, it is "the NAME of the Client” responsibility to clear a path to each location, otherwise YOUR COMPANY NAME will clear a path (for Cost?) to each location, YOUR COMPANY NAME assumes no responsibility for the location of or damage to trees, lawns, driveways, well heads, plantings, gardens, rockwalls. etc. (whatever else you want).


And make sure it spells out exactly what you plan to do and not do and what it cost for you to do it.

I also advise you at a little line that say any extra work will be done on a time and material basis (include a price list) so when they say hey why did you charge me $400 more for this job, you can say hey you asked me to do this extra work it took me 2 extra hours with 3 guys @ ($35 an hour), and a grinder at ($100 an hour). So they don't go well it cost $1200 for the day and it took and extra 2 hours so based on an 8 hour day it should only be $300. Also make sure you have an overtime clause and an extra day clause


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