ok.. almost lost a friend (edited title) ...whew!

speelyei

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Just today I finished a pretty big job for a guy I considered a close friend. He is a multi-state contractor with years of experience, and encouraged me to get my license. We'll call him "Bob".
I have done a few jobs for Bob before, and we've always had a real smile and a handshake kind of relationship. He called me to tell me he currently has a job an hour and a half away that he is the General Contractor on.
He asked for a bid on three trees to be removed, and said he could get a dumpster and have his laborer help me... that would accomodate my lack of hardware and employees.
He offhandedly mentioned about $150 for the dumpster. He mentioned his laborer would cost $15/hr, hired through a temp agency.
It took me a while to get the bid to him because I actually went on vacation this year, and gave the dates to everybody I have to deal with, there was no question about when I'd return.
So I gave the bid for $1800, anticipating paying the costs out of that for the dumpster and the helper. But I had a funny feeling...
So I get to the job on saturday, and everybody's all smiles and we go to work. Before we started working, I tried to pin him down a little on the actual cost for the dumpster, and he said "oh, it's more than I thought, it's gonna be $350". I said, "Man, that's a lot more than I was expecting, what are we gonna do about that?". Bob was kind of dismissive about it and said that all the costs had run over on this job, and he hadn't given my bid to the property owner yet. That led me to believe the numbers weren't firm, and there might be some room to accomodate the increased dumpster fee. He didn't really answer yes or no, but was pleasant and friendly and left to do other things. At lunch Bob came back with a pizza for the framers and I.
So we work all day Saturday and all day Sunday, it's a big job. It went smooth, no damage, neighbors were happy. My blower died, and the laborer said it was no problem, he would just borrow Bob's.
I sent Bob an e-mail Sunday morning updating our progress, here is the actual e-mail:
[ QUOTE ]
Hi Bob, Andy and I will finish today. All the branches are in the dumpster, we are just going to rig down the trunks, and the neighbors have asked for the wood.

When I gave that bid, I figured two to three days for Andy @ $15/hr. That has been accurate. Currently I figure the hours are:
Fri: 9am-6pm, -30min lunch
Sat: 9am-5pm, -30 min lunch
Sun: 10am- ?

I am little concerned about the potential cost for the dumpster. I had anticipated that costing me $150. If it's going to be $350, how do you want to handle that? You mentioned you hadn't given the property owners a firm number yet, does that mean we can do a little damage control?

Talk to you later, -C


[/ QUOTE ]

Apparently he misread the e-mail, because he drove up to the jobsite Sunday morning, thinking it would be done, and called my wife at home, wondering where I was. we decided to start at 10am, since it was Sunday. Well, I rigged down the three spars, it took us 6 hours. We piled all the wood where the neighbors asked us to, and did an excellent job cleaning up. The next door neighbors offered us beer and a boatride in their speedboat, so I assume they were pleased (half of the trees were over their yard and house).
I called Bob to tell him we'd wrapped up, and got no answer. I sent him a picture message on the cell phone of the stumps and the jobsite. No answer.
I get home and here's the message in my Inbox:
[ QUOTE ]
C,

Your bid was $1800 and it included scheduling with the owner and neighbors, supplying labor, a dumpster and removal of all debris.

As it turns out, I did the scheduling and supplied legal labor at $19.00 per hour and $350 for a dumpster. It turns out I also supplied a blower and broom.

You need to re-calculate your bid based on what you actually supplied.

Bob


[/ QUOTE ]

Well, I don't mind telling you I was pissed. I had planned to deduct the cost for the laborer and the dumpster, but I also thought I'd at least clear a grand for the three days..
I supplied all the saws, climb gear, rigging gear, and did all the climbing and rigging despite bursitis and a torn fascicle sheath on my left hand...
So I deducted everything at the rates he quoted, and even paid him the going rental rate for his precious blower and broom... if I get paid the total will be $928.

What do you guys think? Do you think he felt I was trying to squeeze or extort him, or is my expectation way out of whack, or what? Do you think he is being pretty chicken about thewhole thing, or am I just too sensitive to run a business?
Thanks for letting me vent!
 
Re: hard to lose a friend...

His labor went from 15 to 19
the dumpster went from 150 to 350
Hes being a dick about a blower?
sorry you blower died by the way. I hate buying blowers!


with friends like him who need enemas?
 
Re: hard to lose a friend...

here's a bunch of pics for reference. I was thinking I was gonna see more like $1200-1500 for my efforts. After "adjustments" I'll get $920. The trees leaned completely over the house, and the plants and lawn couldn't be damaged at all. The laborer had never done a day of tree work in his life.
At 23hrs, I'll make about $40/hr. That doesn't account for my commute time, wear and tear on my gear, gasoline, etc. Should I be happy with that, or pissed?

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Re: hard to lose a friend...

Dude it looks like you did a bang up job!! Nice and clean! I think sometimes what happens is you think the best of people and it turns out the worse?! It is very hurtful and tough to cope with!! It never gets easier either! Sorry brother!! I feel like you are justified! The blower thing is a a poke in the face as far as I see it!! I mean he has got to be kiddin!1
 
Re: hard to lose a friend...

That really stinks! I had a similar interaction with a contractor who I worked with do to a mutual acquaintance. When the job was done he said, "oops, I ran out of checks" when I offered to follow him to a ATM he said "i can't make that big of a withdrawal". i'm still waiting... actually i've given up. but I had nothing in writing (you know, friend of a friend". my mistake. now everything is in writing. good luck - hope it works out - but you might have to just take what you get and put it down to a lesson learned ;(
 
Re: hard to lose a friend...

Last week I met a landlord to look at a rental house. He said it was a year lease and I asked if I could get a six month. He said sure. When it came time to sign the lease I asked him to change the writing to six month. He said that it would be OK...he didn't have 'space' to scratch it out...don't worry...

Uh, no...I walked away. When it's down in writing it is even more firm.
 
Re: hard to lose a friend...

I suggest calculating it out both way and come up with the numbers.

Schedule a phone appointment with him for when you both have 10 minutes to talk.

Tell Bob that you were acting in good faith and did a great job with no damage and continued to build his good name with the customer.

Seems like right now you are expected, from his perspective, to eat all the costs. Confirm that this is what he is expecting.

You might try to meet him in the middle. After explaining that you had no indications that labor or dumpster fees would be "x" dollars over what was indicated to you.

Explain that you want to continue your relationship with him with no hard feelings and that things will be nailed down in writing and signed to avoid conflict, as you value his business, and you do high quality work for him. That way you both win.

Did he ever indicate that you were supposed to coordinate the labor or bin? Can you simply do this by calling a LaborReady type place and dumpster service, or is it very much easier for him to do it. Sounds like 15-20 minutes on the phone once you have the contact information.

Always in writing.

I have a property owner that always wants rock bottom prices and is willing to pay cash, and only take a cheap bid. She was one of my first customers and will always have work over time. Last time she wrote a check to the business. I had to make a return trip for a check written out to me, as she didn't have $600 in cash, nor could she withdraw it. This time I specified payment in cash on the contract. There is nothing illegal about cash payment. It helps the cashflow if you can spend it on the way home, rather than going to the bank and waiting for it to clear. You still have to declare it on taxes and such legally, but that is up to you.

Probably good to have a final check-in call before travelling all that way to make sure all is a go. After committing to 3 hours travel time for the first day, plus the prep time, its harder to call it off and eat all the expense and money.

Try to salvage this bridge, and just be sure before crossing it next time.
 
Re: hard to lose a friend...

Post-Script

Got a call from Bob this morning, and he was very reasonable. There was some misunderstanding on both sides of the issue, as always. He didn't come right out and say his comments about the blower and broom were a joke, but he definitely made light of it...
When I asked about "damage control", he thought I was looking to up the bid by $500 or $600. His comments about the blower and broom made me feel he was going to get nasty.
I sent him an invoice last night deducting all costs and a $40 bonus for the laborer, the total owed to me came out to $920. When he called, he said according to his calculations he owed me $1340, and would I please send a new bid?

It's definitely a galvanizing experience. As much as the money, I had really hurt feelings. I woke up a bunch of times last night, feeling bummed. I am glad to get it squared away. In the future, I will always cross all the t's and dot all the i's before I hand someone a piece of paper.
The bid/estimate form I wrote myself has an acceptance of terms signature slot, too. Maybe I should utilize that?
 
Re: hard to lose a friend...

UH, yeah. be a good idea to have him sign it or you've got nothing.

Fortunately he was reasonable in the end.

The lesson here for what it's worth is don't start the job until the details are clear. What the costs actually are and who is responsible, i.e., scope of the work.

Whenever you negotiate with someone you've got to be able to get up from the table and leave or you'll never win. In this situation, you arrived at the job and thus felt committed to seeing it through despite misgivings about the additional cost and Bob's response to your concerns. That's the point where you needed to deal with it or leave (cutting your losses to travel time). If you had the original quote with you then it could have been revised and signed. The cost of the labor would come up at that point as well.
 
Re: hard to lose a friend...

Smile all the way to the bank on this one (nicely done by the way) but next time why should you have to provide the labor and the dumpster. my guess is its an Insurance Thing. This "contractor" raises some ethical flags IMO. Your worth more than that. I just wonder what he made from your efforts? It could have been worse. Nice pics, bet the views were nice from above.
 
Re: hard to lose a friend...

Thanks for the positive comments on the job, everybody. I think most tree guys strive to leave the place cleaner than when they arrived, I'm no different.

The views were spectacular, folks water skiing and jet skiing all day... the Sorority (no Joke) next door all came out and sunbathed for about 2.5 hrs on Sunday, I didn't get too terribly distracted...
 
Re: hard to lose a friend...

Anybody know if emailed correspondence with a go-ahead from the customer with all terms spelled out will work as a binding contract, or does it seem that it needs to be in ink and a handwritten signature.

Anyone have some wording that they utilize for this?
 
Re: hard to lose a friend...

far from it...
Most sanitation companies here can see the writing on the wall as far as running a diversified operation. Woody debris and organic debris is mulched and sold back to the consumer as a compost product. Recycling is in full swing, even mandated in some municipalities, so glass, paper, corrugated cardboard, metal, petroleum, and hazardous materials are all sorted.
For that 70yd dumpster, the price was $350 for organic debris, $700 for all other construction site debris.
 
Re: hard to lose a friend...

A contract first and foremost outlines the terms of the agreement, and can be referenced later.

I told someone who once responded to signing a contract:

Him: "What? You don't trust me?"

Me: "If I didn't trust you, I wouldn't be doing this work. The contract is to make sure we're on the same page."


Sounds like you were able to retain an association with "Bob." That's a good thing. Ultimately, the experience didn't cost you anything and you are still the wiser. That's a good thing too.
 
Re: hard to lose a friend...

Oh, how these lessons sink in. I have been there too, and I try to keep all of those experiences with me. I still make mistakes, though.

I like to think of the hard lessons as the ones that meke me a better salesman in the end!

-Tom
 
Re: hard to lose a friend...

Always remember the contract is "the meeting of the minds" not the paper. The paper is the evidence of the contract. More importantly as KY said it shows you both that your literally on the same page. When the disagreement arises then you can refer back to it.

Good luck in the future.
 

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