Work Contract Or Work Agreement

[mattfr12]

Im not really sure to how to go about this but i figure its time i need to get something in writing to get people to sign. Could any of you guys give me some ideas or show me ones you use. I also figure it will help me keep track of my client list.

Thanks

 

[Ekka]

Contracts can be verbal as well as written, for most parts people are of their word and OK ... don't treat the 99% like they have leprosy to catch the one egg ... get smarter at sniffing rotten eggs.

 

[tree MDS]

Contracts can be verbal as well as written, for most parts people are of their word and OK ... don't treat the 99% like they have leprosy to catch the one egg ... get smarter at sniffing rotten eggs.

I hear ya on that one Eric, I very rarely have signed contracts, just estimates mostly. I've never been burned in 11 going on 12 years now, its not really that complicated, guy wants tree cut, I cut tree, do good job, get paid, all is good-now if I sucked maybe I would find more problems out there. Quickbooks helps alot even though I dont use it to its full capabilities sinse I suck with a computer, lol.

 

[PTS]

Not sure what you are using for business software but I would recommend using quickbooks pro. Keeps tract of everything for you. We do all estimates and invoicing on there. If I have a customer that I get a funny feeling about or if there is something that they say I can break in the removal (fence is getting removed when you are done with the tree so "don't worry about working around it") I always put that in the estimate and have them sign off on it. I got bit once on driving through a yard deal. I think there is a post on here about that. A note sheet that I fill out for me so that I can do up the estimates when I get back to the office is pretty simple and covers all the basics. I will attach it.View attachment 71385

It is just something I use to keep my notes straight. I look at around 10-20 jobs a day and at the end of the day it can get pretty confusing. I also always take photos of the projects even the small ones. Add it to the file and makes the "informing the guys" part a lot easier. I have at times printed the picts out and then marked them up showing exactly which limbs we are talking about and had them sign off on them but that is kind of a rarity.

 

[ddhlakebound]

I agree completely that the vast majority of the time you don't need a written contract.

But you definately need the ability to sense when you want it on paper.

In the last three years I've only had the customer sign the contract one time. Glad I did, he was the most difficult person we've dealt with as far as collecting. We'd have been screwed, too, if it wasn't in writing.

Here's the contract I use, edited for general use. Be aware.....

This contact HAS NOT been looked at or advised upon by an attorney. Use at your own risk.
=======================================================
Name:_____________________Contact #:________________________
Address:_______________________Address of work Site:_______________________

As per your request, (Company name) is pleased to provide you with this proposal for ________________ services at the above referenced property.

It is our understanding that based on our conversation about your property, you want:

SCOPE OF WORK:



COSTS:
(Company name) estimated cost for the performance of the tasks presented above is $________. Should there be any reason to modify the scope of work, (company name) will seek your approval with a revised estimated cost before commencing any such additional work. (option: Change to time and materials)
PAYMENT:
Payment is due upon completion of work. See below for fees applied to unpaid accounts.

LIMITATIONS AND CONDITIONS:
(Company name) anticipates being able to commence work within ___________ days upon receiving your notice to proceed. To initiate this project, (company name) requests acceptance of this letter and confirmation of our engagement by your signature in the place provided below. (company name) will coordinate a mark out of public utilities on-site, however, the site owner must establish all non-public utilities. (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.
Additional costs may be incurred if metal or concrete are found which result in damage to stump grinders, chain saws, or chain saw bars or chains. (company name) will require a clear path (10' wide) to the work area.
If you have any questions or need additional information regarding the information presented herein, please do not hesitate to call me at (555) 555-5555.

ALL TREE WORK IS TO BE COMPLETED IN A WORKMANLIKE MANNER FOUND IN THE ANSI A300 STANDARD FOR TREE CARE OPERATIONS. ALL AGREEMENTS ARE CONTINGENT UPON WEATHER, ACCIDENTS AND OTHER DELAYS BEYOND OUR CONTROL. (company name) WILL NOT BE RESPONSIBLE FOR DAMAGE TO ANY UNDERGROUND INSTALLATIONS, SUCH AS PIPES, CABLES, WIRES, IRRIGATION SYSTEMS AND SEPTIC SYSTEMS. THE ABOVE PRICES AND SPECIFICATIONS ARE SATISFACTORY AND HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. ACCOUNTS UNPAID AFTER TEN DAYS ARE SUBJECT TO A $50 LATE FEE. IN THE EVENT THAT A DELINQUENT ACCOUNT IS PLACED IN THE HAND OF AN ATTORNEY OR LICENSED COLLECTOR FOR COLLECTION, I AGREE TO PAY, IN ADDITION TO THE AMOUNT OF SAID ACCOUNT AND INTEREST AT 1.5% PER MONTH, AN ADDITIONAL LATE FEE OF $50 AND ALL COSTS OF COLLECTION, INCLUDING A REASONABLE ATTORNEY’S FEE. RETURNED CHECK FEE IS $30. I CERTIFY THAT I AM THE OWNER, OR HAVE THE LEGAL RIGHT TO REPRESENT THE OWNER, OF THE ABOVE TREES AND/OR LANDSCAPE AREAS AND INDEMNIFY (company name) FOR ALL DAMAGES, ATTORNEY’S FEES AND COSTS SHOULD A LEGAL DISPUTE ARISE CONCERNING THE OWNERSHIP OF THE ABOVE PROPERTY.
YOUR SIGNATURE BELOW WILL CONSTITUTE A BINDING CONTRACT. CANCELLATION SUBJECT TO A CANCELLATION FEE OF 25% OF THE CONTRACT PRICE. ESTIMATE VALID FOR 60 DAYS.

Sincerely,
(Company name)
_____________________, owner

Accepted for and on Behalf of:

___________________________ (signature)

___________________________ (print)

___/___/_____ (date)

======================================================

Hope this helps, feel free to use or alter it as you wish.

 

[Slvrmple72]

Good communication is the most critical thing in having an agreement with a customer. Spelling out clearly what you will be doing for the job and what that work entails and what it will cost, payment arrangements, etc. I use the same contract for stuff too and it has worked out pretty well so far.

 

[lxt]

Contracts can be verbal as well as written, for most parts people are of their word and OK ... don't treat the 99% like they have leprosy to catch the one egg ... get smarter at sniffing rotten eggs.

+1 on what Ekka said!! I have a estimate/work authorization form so I kinda kill 2 birds with one stone, alot of folks like a written estimate which in my case doubles as a work Auth.

However I dont use it on every job!! just the folks that seem picky or unsure, just got done doing a guy today who said I thought that was included & this & that....So when I brought out the estimate/WA & asked if he had his copy then it was OHHH I must have thought different. You just gotta know how to read people....& you still will get burned!!

In going on 6 yrs on my own ive been jammed 3-4 times not for the whole amount due but for a couple hundred on each job...even had a guy try an insurance scam on me!! but 99% of the people are true!!


LXT..........

 

[Sunrise Guy]

Man, it's interesting, to me, to know that many work with only verbal contracts. Truth is, that's crazy when one big legal challenge may put you out of business and/or ruin your life. GET IT ALL IN WRITING, or don't do the gig. Please, you guys who trust everyone, save the put-downs. I honestly am glad to know that you've never had any problems with verbal contracts or (shudder) no contracts at all, but we live in a litigious world, as you can tell by reading just a few horror stories in the popular press and elsewhere, and too many people are now ready to sue at the drop of a hat (limb). Why expose yourself to totally unnecessary grief when a simple written contract will help you defend yourself in the event of a "he said/she said" confrontation, as it pertains to what you were supposed to do on a gig and what your liabilities were? Again, GET IT ALL IN WRITING!

 

[treemandan]

Man, it's interesting, to me, to know that many work with only verbal contracts. Truth is, that's crazy when one big legal challenge may put you out of business and/or ruin your life. GET IT ALL IN WRITING, or don't do the gig. Please, you guys who trust everyone, save the put-downs. I honestly am glad to know that you've never had any problems with verbal contracts or (shudder) no contracts at all, but we live in a litigious world, as you can tell by reading just a few horror stories in the popular press and elsewhere, and too many people are now ready to sue at the drop of a hat (limb). Why expose yourself to totally unnecessary grief when a simple written contract will help you defend yourself in the event of a "he said/she said" confrontation, as it pertains to what you were supposed to do on a gig and what your liabilities were? Again, GET IT ALL IN WRITING!

I know. But guys like me are a little safer than the big guys and we can pick and chose. A couple people have tried to take me after I did the job and when they told me they were not going to pay I asked them " Are you sure you don't just want to pay me?" So far I never had to get to creative but I hope to soon.
I just can't get into all that legal mumbo jumbo right now. I don't understand how some of you have been taken, I really don't. But I am small time and I will see them around town.
I do make the effort to explain exactly what we are going to do and give them a copy of it. You are all big tough tree guys, go get your money, Kourt is for kunts.

 

[Ekka]

Sunrise Guy,

We still do written bids, it's like the price tag on an item at Walmart, you dont expect to walk out of Walmart and pay in 30 days coz it's not written there do you?

Larger jobs generally have to issue you a work order or authority, you send that in with your estimate for payment, it's there internal mechanism that you got the job.

Guys, better than a contract is a before and after pic, phones have pic cameras these days and I can tell you when the client who wants to rip you off sees pics or video .... they **** themselves. Plus it gives you something to post about, your tree work. And you dont have to hassle anyone.

I have been stalled a few times but never ever stiffed, but I was a debt collector.

 

[treemandan]

Sunrise Guy,

We still do written bids, it's like the price tag on an item at Walmart, you dont expect to walk out of Walmart and pay in 30 days coz it's not written there do you?

Larger jobs generally have to issue you a work order or authority, you send that in with your estimate for payment, it's there internal mechanism that you got the job.

Guys, better than a contract is a before and after pic, phones have pic cameras these days and I can tell you when the client who wants to rip you off sees pics or video .... they **** themselves. Plus it gives you something to post about, your tree work. And you dont have to hassle anyone.

I have been stalled a few times but never ever stiffed, but I was a debt collector.

Yup, that all it took for that crazy cat lady to send a check. I made sure she could see me from her window walking around her place taking pictures, I got the check within the next few days.
Now the other guy was a little bit of a problem. His name was Ceasar, a retired Philly cop who owned the beer dist. on Shurs Ln. in Roxborough. We only had a verbal contract and he knew me from buying beer. He asked me to do some work and when I was done to come down to the store and he would pay me. So I did. He hadns me a wad of cash, I grab a case of Porter and go back to my truck and count it, its like a few hundred short. Inside there are a bunch of other hardcases, all with guns and bad attitudes. I was pretty young, skinny and a little nervous so I downed a Porter or two and walked back in to get my cash. All is well that ends well as I got mine, all of it.
My first job in the industry: Riding in truck with one of the owners and he says" See that house? We did thousands of dollars of work for that guy and he said he wasn't going to pay, I think I might girdle his trees." My first thought was " How could someone stiff someone who works so hard?" My second "That will get the cops knocking on YOUR door pretty quick." If you do the roofing and they don't pay go after the trees, if you are a tree guy go after something else is my advice. Keep it out of court, try to resolve face to face and if that don't work... well you don't expect me to go on do you? Just make sure there is no way they can come after you. When I retire I am going to be a debt collector for tree services, we will see how much its worth then.
Last time I was in court some guy totaled my truck in the rain. I saw he coming and stopped but he didn't. I had to stand in the rain while the tow truck came and he drove off. He had no insurance but the cops let him go. All the time in court I could barely sit still and the judge ruled in my favor but the guy had no money and what money he could have just given me he spent on a lawyer. He said I hit him! One day a the grocery store I saw him, it was raining, I go out pick out his car and cut the red wire to the coil, simple. I stood in the shadows and watched him try to start it and when the tow truck came I walked up and watched, I let him know it was me. I saw him again one day reading a paper in a gas station. I couldn't resist, I walked up and said "HI!" he start scrambling for something I thought might be a gun but it was just his keys. In the meantime I had wound up a right and delivered it to his jaw and busted out the windshield with a hammer. I reach in and grab him and say "EVERYTIME I SEE YOU YOU ARE GOING TO HAVE A PROBLEM!" I never saw him again. I called Ceasar and told him what I did, he said he would tell the cops not to bother me on it.
If I work hard to make it easy for someone and they say" NO PAY!" , well I am sorry, screw the system.

 

[Ekka]

Yes, the system for debt for us is certainly different to the system the govt has for it's debts.

Dont pay your tax, your fines and see what happens. A warrant gets issued and you do time.

That does not happen in civil cases. One rule for them and one for us.

The key ingredient one must look for is the reason they dont pay.

1/ Cant, simply no job no money
2/ Wont, has capacity but is a tyrant

You need to sort the cants from wonts ... and know that preferably prior to doing the job.

Sounds to me you got a cant pay into court, wasted more money and time. You sue the wont pays and deal with the cant pays as best you can out of court.

When we collected on larger cases always do your home work. Do they own the house, how much equity, where do they work, disposable income, dependents, does spouse work ... character is very important, what is it, are they respected or scum.

Be careful disclosing individual debts to third parties. Privacy laws prohibit such, where possible on your bids etc use a few names or even just the property address. If you just have Mr Smith and he pisses off out of town for 6 months legally you are not allowed to disclose or demand payment from Mrs Smith. However if it's just an address on the bid or both names then you'll be OK.

My advice, get better at sniffing out rotten eggs, assess capacity to pay at the bid, establish payment terms on acceptance of bid. Easy. If it goes bad after that there's some tips above, but always have some pics, even of driveways that were cracked before you got there etc coz some do try it on.

 

[treemandan]

Yes, the system for debt for us is certainly different to the system the govt has for it's debts.

Dont pay your tax, your fines and see what happens. A warrant gets issued and you do time.

That does not happen in civil cases. One rule for them and one for us.

The key ingredient one must look for is the reason they dont pay.

1/ Cant, simply no job no money
2/ Wont, has capacity but is a tyrant

You need to sort the cants from wonts ... and know that preferably prior to doing the job.

Sounds to me you got a cant pay into court, wasted more money and time. You sue the wont pays and deal with the cant pays as best you can out of court.

When we collected on larger cases always do your home work. Do they own the house, how much equity, where do they work, disposable income, dependents, does spouse work ... character is very important, what is it, are they respected or scum.

Be careful disclosing individual debts to third parties. Privacy laws prohibit such, where possible on your bids etc use a few names or even just the property address. If you just have Mr Smith and he pisses off out of town for 6 months legally you are not allowed to disclose or demand payment from Mrs Smith. However if it's just an address on the bid or both names then you'll be OK.

My advice, get better at sniffing out rotten eggs, assess capacity to pay at the bid, establish payment terms on acceptance of bid. Easy. If it goes bad after that there's some tips above, but always have some pics, even of driveways that were cracked before you got there etc coz some do try it on.

Don't forget the third reason of non- payment: you F'ed up and blew it.
I knew this one guy: fresh out of arborist school and set up shop in an area populated with "the big boys". He tells me that one of his clients won't pay him until he moves the wood( a two day job for him). He tells me that to leave the wood is written on the proposal but since they are from England they didn't understand and won't pay him. So he has to cut a move this wood to get paid. He did it. I think he was lying to me and screwed himself. He was always talking like he knew everything.
I hired him to do some work and he #####ed and cried about everything. The next day he came to work for me we had a break down and parted ways. He says" I will just send you a bill." We were on my turf and I could have easily just killed him but I let him go. He starts calling and sending emails about his 850 and I told him to piss off. He goes to the courthouse and all but he is so dumb that gets all messed up, meanwhile, he goes to one of my clients and steals the job, screws it up and now they won't pay him either. They call me back and apologize and ask me to finish it. I do for 3600. I fianlly send him a check but he didn't get it cuase he gave me the wrong adress and I get a summons. I eventually send this muttonhead a check but not to save myself, if I hadn't ended it then I would have ... oh yeah can't say that.
He was one of those guys with a lot of fine print and crap on his contracts, you all know him to but I won't say his name.

 

[kennertree]

Man, it's interesting, to me, to know that many work with only verbal contracts. Truth is, that's crazy when one big legal challenge may put you out of business and/or ruin your life. GET IT ALL IN WRITING, or don't do the gig. Please, you guys who trust everyone, save the put-downs. I honestly am glad to know that you've never had any problems with verbal contracts or (shudder) no contracts at all, but we live in a litigious world, as you can tell by reading just a few horror stories in the popular press and elsewhere, and too many people are now ready to sue at the drop of a hat (limb). Why expose yourself to totally unnecessary grief when a simple written contract will help you defend yourself in the event of a "he said/she said" confrontation, as it pertains to what you were supposed to do on a gig and what your liabilities were? Again, GET IT ALL IN WRITING!

+1 You have to protect yourself.

 

[Ekka]

Oh yeah, the old if you F'd up. Watch out for that one.

 

[treemandan]

Oh yeah, the old if you F'd up. Watch out for that one.

My advertising states that if you are not satisfied with my work you don't have to pay. I mean it to. They told me not to put that into print but I can't be a company that does crappy work and expect to get paid. Would you? I make sure I don't do crappy work.

 

[oldirty]

He was one of those guys with a lot of fine print and crap on his contracts, you all know him to but I won't say his name.

who dat

 

[treemandan]

who dat

I can't, really. There are two sides to every story, sometimes 3 and although my side is the truth and I can barely restrain from doing it, it would not be right to do so. Besides TreeCo asked me not to post names like that and not only is he the boss here he was mine about 20 years ago.

 

[baquila]

ALWAYS handle everything in writing. Writen estimates doubling as a work authorization is perfect. For one, it looks WAY more professional to have everything in writing. Keeps you from lookin like a hack. Second, protects you. You can not always read people. We did a job for a 73 y/o man one time. Seemed super nice. Took down one tree and wanted two, and only two limbs trimmed off a second tree. Well, I got in the second tree and he started pointing. "While you're up there, get that one, and that one...." and I'm like "look friend, you said these two limbs only." He gets the written contract, and my partner wrote "trim second tree". The old man starts screamin "YOU SAID TRIM THE TREE SO TRIM IT RIGHT!" Started threatening with a lawyer and callin the BBB and everything. We calmed him down, took $50 off the price, and learned a hard lesson. Always be VERY specific on what is being done and put it in writing. Take pics and circle limbs if necessary. Do NOT think you can read everyone - you cant. Look pro and protect yourself - put it in writing.

 

[treemandan]

ALWAYS handle everything in writing. Writen estimates doubling as a work authorization is perfect. For one, it looks WAY more professional to have everything in writing. Keeps you from lookin like a hack. Second, protects you. You can not always read people. We did a job for a 73 y/o man one time. Seemed super nice. Took down one tree and wanted two, and only two limbs trimmed off a second tree. Well, I got in the second tree and he started pointing. "While you're up there, get that one, and that one...." and I'm like "look friend, you said these two limbs only." He gets the written contract, and my partner wrote "trim second tree". The old man starts screamin "YOU SAID TRIM THE TREE SO TRIM IT RIGHT!" Started threatening with a lawyer and callin the BBB and everything. We calmed him down, took $50 off the price, and learned a hard lesson. Always be VERY specific on what is being done and put it in writing. Take pics and circle limbs if necessary. Do NOT think you can read everyone - you cant. Look pro and protect yourself - put it in writing.

You have to watch those nice old men, they didn't get old by being nice.