Clients vehicles hinder work,

marlinspiker

marlinspiker

Participating member
Location
Pennsyltucky
I have a client who has failed to move a car and now my log truck contractor has made two trips out to the site to pick up a log load and couldn't because of said car. I just altered my terms and conditions to deal with this problem in the future.

"Cancellation Fee:Preservation Tree kindly requests that the authorizing party provide at least 24 hours advance notice of any full or partial work cancellation. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $250.00 for incurred expenses. If the job site is made inaccessible to the crews of Preservation Tree and associated sub contractors because of parked vehicles or other obstructions a $300 fee will be accessed."


How does that sound?
 
Been through it too. As well as clients deciding to reschedule the day of. It's a costly royal PITA that customers don't seem to understand.

My suggestion, put your clause in small print and use it when you have to. You might lose a customer, should you use it, but you'll recoup your money and you don't want them as customers anyway.

You just reminded me I need to do the same.
 
[ QUOTE ]


"Cancellation Fee:Preservation Tree kindly requests that the authorizing party provide at least 24 hours advance notice of any full or partial work cancellation. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $250.00 <u>for incurred expenses.</u> If the job site is made inaccessible to the crews of Preservation Tree and associated sub contractors because of parked vehicles or other obstructions a $300 fee will be accessed."


[/ QUOTE ]

FWIW get rid of the "incurred expenses" phrase. If they are persnickety the can take you to task, if not court, to prove the expenses incurred amounted to that much.

The assessed fee is a penalty for their failure to make sure the area is clear, is it not?

Best bet is to keep it plain and simple and not muddy the waters. Remember, rats can fit through very small holes, and will try to fit through every hole.
 
While I agree with your tact, Rick, I could show $250 in incurred expenses on any given day in an hour or less. Between fuel, lost productivity, fuel and payroll I can blow $250 in practically minutes LOL.

Point taken though, keep it simple.

-Tom
 
I could see it being challenged because it wasn't the intent of the client to cancel the work.

The intent is good but needs some polishing to get that clearly communicated.
 
Excellent, Mike. I was a fan of the "mobilization fee" from the start when you mentioned it a few years ago. I see where you are going here and we've seen some interesting incidents arise not so much from the property owner but cantankerous, obstreporous, and too much monied neighbors playing war. Got to give a guy like that fair warning and, should he fail to heed the call of reason, let fly.

What about a clause to the effect that you are not responsible for damage to property should property not be moved prior to game day provided that reasonable efforts to contact owner or neighbor be made and ordinary due diligence on the part of the contracted parties be made. Reasonable efforts to inform and protect being made, any property damage would then fall to the property owner, and all legal expenses incurred by arborist be covered by contracting property owner.

Language to that effect might scare the silly buggers straight!
 
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