Sign here, please.

[hobby climber]

Slight twist to your situation...just as ticked off as you! This spring I was trying to get a contract with a youth facility for troubled kids in the area. Talked to everyone in ground maintenance about the many trees issued on the property till finally I found the guy who makes the decission. We talkd in great length about all the trees and what each tree needed. ie)-limb removal, removal, trim, prune, etc. He even took notes for each one as I id'ed its problem(s). This guy said he'll get back to me once they are ready to have the work done and thanked me for all the good info. Well its been over two months since I talked to this guy and nothing! I was in the area and drove by only to see another company doing the work I was expecting to do. . I felt like such an A** for giving this guy detailed information about each tree and all he had to do was find someone else who would do it for the cheapest price. That and the face that I didn't get called to even bid the job!!! I'll never do that again! ...MB, if i were in your shoes, it would be pistols at dawn!!!

 

[glens]

Originally posted by MasterBlaster
Actually, I kinda thought he was a tad uncouth. That ain't how ya do business.

Butch, please don't insert links to 137KB (off-site) images in your posts.  At least not without specifying the dimensional attributes so the browser can know how to lay out the page before waiting for the image to arrive and ascertain that info on its own.

Anyway, your statement brought to mind the summer as a kid I worked a game for a carnie at the county fair.&nbsp; I called a friend over to "my" game from a neighboring game.&nbsp; The guy running the other game hopped over his counter, came over and grabbed me and was going to haul me over my counter and whoop my ass.&nbsp; The guy I was working for talked him out of it and told me "you don't <i>ever</i> call a mark out from under someone else's awning".&nbsp; I didn't again.

Glen

 

[MasterBlaster]

Or a baseball bat in the alley...

 

[NebClimber]

Legally, here is where this stands:

Oral contract for services which can be performed within one year from the time of contract are legally enforceable.

One who breaches such a contract is legally responsible to the non-breaching party for damages.

Damages are measured as follows: contract price - cost saved by not having to perform = damages.

Basically, the measure of damages is lost profits.

Even if there was no contract whatsoever, if a party performs services for another with the other's knowledge that the first party expects payment, and the first party was reasonable in his expectation b/c of action or inaction taken by the second party, then the first party shall recover the reasonable value of the services performed.

Further, the dirty interloping tree hack can be sued in a civil suit for tortious interference of contract (the full facts must be developed to tell whether the suit would be successful).

Not that I advocate resort to the legal system in a siutation like this (both impractical and often unsatisfying), its good to come armed with the above knowledge in dealing with clients. Gives one the confidence to stand his ground.

Steven

 

[NeTree]

"It seems the guy I was working for was supposed to bid the job tomorrow, and these guys were gonna give their bid today. My guy called the lady about coming today because we have a crane job tomorrow, and she said to do the job. No contract was signed.
"

So... how did he know how much the job was worth if he hadn't been there yet?

"I was geared-up and fixing to get in a tree, and the groundies were getting ready to rock and roll."... "What suprised me was this guy just walked up through the men, and started talking to the lady like we weren't even there. "

Okay... so at this point, it's a work zone, which should have been properly secured. Why the hell did anyone let him pass unchallenged? Nevermind the rival tree company bit, a person just waltzed thru your work zone...


"My guy should have had a contract signed before starting.
"

No kidding.


"That OTHER GUY shoulda just kept on going when he saw a five man crew already on the job."

Not necessarily. If nothing else, he at least kept his appointment. Showing up early "ready to rock and roll" could be considered jackleg in its own right.

"She knew they weren't adequately covered insurance wise, yet she still went for it. "

I don't know about LA, but here in MA W/C isn't necessarily required. It's certainly good to have, but there is a cutoff point for number of employees before it's required.

 

[MasterBlaster]

I dunno, Erik. I'm just a hired gun. My main concern is the tree in front of me, not so much how a guy runs his business.

 

[MasterBlaster]

Originally posted by MasterBlaster
My guy called the lady about coming today because we have a crane job tomorrow, and she said to do the job. No contract was signed.

What's jackleg about that? He had been there earlier in the morning and gave her a price. She said do it. He knew nothing about any other treeguys.

The work zone wasn't hot at the time,and it was a public sidewalk. I normally don't challenge someone in this type of situation. Waltz... lol!

So Erik, say you were going to an appointment to bid a job. When you arrive, another tree co is already there, and it's looking like they've started working. What would you do?

I'm curious because that has happened to me before, maybe 3 or 4 times. We always just drove on, cussing.

 

[glens]

I'm curious because that has happened to me before, maybe 3 or 4 times. We always just drove on, cussing.

It depends.&nbsp; If you're showing up to <i>bid</i> a job, driving on is the right thing to do since the job is obviously already sold.&nbsp; If you were arriving to do a <i>sold</i> job, it would be proper to stop, walk through the work zone, and have a chat with the customer.&nbsp; Either way, I'd be pissed at the customer at least, and maybe the other outfit already working too.&nbsp; In the second instance there <i>would</i> be a bill sent regardless.

Glen

 

[NeTree]

At the very least, I'd let the customer know I had arrived, and at least kept the appointment.

If another crew was already there to start work, I wouldn't give a bid.

Butch, if you're geared up and ready to hit the tree, the work zone is hot as far as I'm concerned.

 

[Toddppm]

Never had one exactly like that but I can't count how many times I've had a job accepted and it's done by another co. before we can get there. Or how about a call for an estimate and by the time you get there , there's nothing but a pile of sawdust left? Happened today matter of fact Don't even have the decency to call and tell me not to come by, I've gone and knocked on peoples door (and while the co. was there) just to thank the people for wasting my time.
One maint. job I went to look at within 10 minutes of receiving the call a guy was there talking to the woman, I walked right up and introduced myself. She says oh I already signed with this co. , OK fine but didn't you just call 10 min ago????? Didn't really want the job just wanted to let her know I showed up, not that she gave a $hit.

 

[NeTree]

For the most part, my estimates are free.

But...

If I'm there on time, and the job is already done/customer isn't home/etc, it's $50. Period.

Nothing pi$$es me off more than getting my time wasted.

 

[MasterBlaster]

Originally posted by netree
At the very least, I'd let the customer know I had arrived, and at least kept the appointment.

Trust me, they don't give a rat's arse about you by then.

 

[NeTree]

True, but it can't be said I didn't bother, either.

 

[Stumper]

Every now and then I get a call from someone who went with someone else and regretted it. -That's when it pays to have been polite.

 

[MasterBlaster]

Originally posted by Stumper
Every now and then I get a call from someone who went with someone else and regretted it. -That's when it pays to have been polite.

Expound on the polite part there, Justin. If you would, please.

:angel:

 

[Stumper]

When I get the "Oh, we already got someone." spiel I say "Okay. I'm glad you got it taken care of. If I can help you in the future please give me a call." Sometimes they do. (I'll grant you that there are some people I don't want to call again.)

 

[MasterBlaster]

I have never, and never plan to, walk up on a crew starting a job, and then procede to under bid them, and send them packing.

Regardless of the situation.

I fault the customer for their actions, along with the tree company that provided her the chance to do so.

 

[MasterBlaster]

I don't get the gist of your post.

 

[glens]

Gist:&nbsp; working for a customer such as that is a risky proposition.

You probably dodged a bullet on that job, Butch.

Glen

 

[MasterBlaster]

So like I've asked already.

YOU would walk up through a crew of men beginning a job, and then proceed to under bid them???