treebutler
ArboristSite Lurker
That sucks!! I've learned throughout the years(only a few) to have fine print on your contracts. The right to place a lean on property, cancellation fee's etc...the list goes on. I'm always very clear on what is expected. I have a spot on my contracts "personal notes on agreed specs" I fill out every possible detail related to job then have customer review and initial.
Running a machine he rented makes it a whole different game, I'd do that. If it was a machine he owned I would have to be paid as an employee, as in all the proper forms, payroll tax withheld, etc.
I worked for an old lady once that had plenty of money. Owned a huge farm turning a good profit on some of the biggest money crops of the day. She wanted a huge hedge ripped out and I gave her a price that included our machines being hauled in. She didn't want to pay it and said "You can use my tractors, I have a whole shed full of them." So I said "Ok, I'll use the tractor with the tooth bucket on it." We set up what day I'd show up. When I got there the tractor had a wimpy brush carrier set up on it. I told her that it would not hold up, but she insisted that her foreman said that was what we needed and she wouldn't let us change back to the bucket. Needles to say, it took us longer than it should have because we were being careful and we still bent one of the points. She told me it was no problem and "You told me that could happen, I'll just have my guy fix it." A few days later I get a call from the metal shop saying "Mrs. X said you were going to pay for this repair we just did."
Now the metal shop was one I used and he was in a tough spot, having been told I would pay for the work, so I just paid for the repair and tried to collect from the lady. She refused, saying her foreman said we had abused the equipment. I told her that her foreman was not a party to our contract, that she had signed, that said we were not liable for damage to her equipment. She still refused. I ate it on that job and have refused to run another persons machine since then, just not worth the potential trouble. After that she would bad mouth us to people saying we were not honest, even though I didn't make a dime on her job, and it didn't cost her a cent over the contract amount, and the metal shop had rebuilt the whole brush carrier better than it was when we used it, on my dime. Everyone around told me privately that they didn't believe her because she was just that way, but that didn't make me any money on the job.
Sorry to vent a little maybe, I hope it illustrates the potential pitfalls. But in the end I guess it was more than lady involved that made it a bad situation.
Mr. HE