So you wanna be a........

[Farmwithjunk]

.....contractor? You have a tractor and a mower, think that a few extra bucks would come in handy, and have someone with a nice big lot that needs mowing! Sounds like fun! What could possibly go wrong anyway?

Well, let me tell ya. I get a call 5 weeks ago. Friend of a friend referred me to this gentleman who needs his 16 acres mowed. He owns a home on 2 acres adjoining the ground. It's overgrown, hasn't been mowed in 2 years. No sweat! No trees, no ditches, no rocks, nothing in the way, just tall weeds. I have another job in the area, so I'll have a tractor and batwing handy, why not make a few bucks? I give him a fair price, we shake hands and I go on with the job. It's slow going even with 95hp and a 15' mower because of being so overgrown. Still, no issues, no problem. I finish up, go home, and mail him the bill. Just sit back and wait for the check, right?

WRONG!

Just got served.....I was apparently "set up". This guy has issues with his septic system, and claims I caused it. 200' of laterals under the field I cut. He says my tractor caused the problem (compaction). He's filed suit to have his entire system replaced at my expense. Just out of coincidence, his plumber does work for the contractor I work for. I've already got confirmation that he's been having on-going septic problems for 2 years, totally unrelated to anything I allegedly did. Looks like this cat is trying to make a quick buck off me to pay for his problem.

My attorney has already been called. Even if this doesn't amount to much, it'll still cost me.

Now, who wants to go mow someone's weeds for a few extra bucks?

 

[Lil_FarmerJim]

All I can say is, YIKES!

Guess that is one good reason to make sure you have all the right insurance.

 

[Ken Cunningham]

I dont see how you would ever have to pay this guy a cent. If the plumber stated that he has had ongoing problems for 2 years and now he is trying to get you to pay for it, it would seem to me to be of a fraudulent nature. Talk to your attorney about it, it would seem that if he is saying you did it when he knows it was allready bad, then he would be commiting fraud. You might even get lucky and the guy has to pay your court costs, as long as the plumber will testify.

 

[Farmwithjunk]

I dont see how you would ever have to pay this guy a cent. If the plumber stated that he has had ongoing problems for 2 years and now he is trying to get you to pay for it, it would seem to me to be of a fraudulent nature. Talk to your attorney about it, it would seem that if he is saying you did it when he knows it was allready bad, then he would be commiting fraud. You might even get lucky and the guy has to pay your court costs, as long as the plumber will testify.

I'm going to go about this with the attitude that I didn't cause any damage, and that the complaintant KNOWS that. I don't wish to put the plumbing contractor on the spot, but I'll do what I have to do. My attorney will gather the facts, then contact the complaintant (or his attorney) with regards to our position. First offer on our part will be to take no action if he agrees to drop his case immediately. Beyond that, I'm ready to go toe to toe with this guy. I agree that this is a case of attempted fraud.

 

[Whitey]

That is horrible! Just to prove you were not a fault is going to cost you. Stuff like that makes my blood boil.I was in the residential contracting business for 25 years and have my share of horror stories. I once lost at arbirtration over some existing damage in my client's home that was unrelated to my completed work!I closed up shop eight years ago and went to work for a commercial GC.........life has been a lot simplier since then.

 

[Soundguy]

Dang.. that does sound like he set you up!

I hear ya on the hassle of defending a lawsuit even if it you are in the right.

I have a 'neighbor' 2 fields over that was prepairing to sue me over my hogs at the back of my property Just had 4 of them.. and the distance from my property to his is nearly 1000'.. plus the neighbor inbetween us didn't seem to mind!!

In the end, I found out it was cheaper to move my hogs to my other property than to pay the retainer on my attorney!

And yeah.. when i drive over to mow my pasture.. i usually get a few offers of 'extra money' to mow some pastures on the way.. I always decline... all I need is to hit a waterline or something and open up a can of worms..

soundguy

.....contractor? You have a tractor and a mower, think that a few extra bucks would come in handy, and have someone with a nice big lot that needs mowing! Sounds like fun! What could possibly go wrong anyway?

Well, let me tell ya. I get a call 5 weeks ago. Friend of a friend referred me to this gentleman who needs his 16 acres mowed. He owns a home on 2 acres adjoining the ground. It's overgrown, hasn't been mowed in 2 years. No sweat! No trees, no ditches, no rocks, nothing in the way, just tall weeds. I have another job in the area, so I'll have a tractor and batwing handy, why not make a few bucks? I give him a fair price, we shake hands and I go on with the job. It's slow going even with 95hp and a 15' mower because of being so overgrown. Still, no issues, no problem. I finish up, go home, and mail him the bill. Just sit back and wait for the check, right?

WRONG!

Just got served.....I was apparently "set up". This guy has issues with his septic system, and claims I caused it. 200' of laterals under the field I cut. He says my tractor caused the problem (compaction). He's filed suit to have his entire system replaced at my expense. Just out of coincidence, his plumber does work for the contractor I work for. I've already got confirmation that he's been having on-going septic problems for 2 years, totally unrelated to anything I allegedly did. Looks like this cat is trying to make a quick buck off me to pay for his problem.

My attorney has already been called. Even if this doesn't amount to much, it'll still cost me.

Now, who wants to go mow someone's weeds for a few extra bucks?

 

[RollingsFarms]

FWJ,

you mentioned that this guy is a friend of a friend and he referred you to him to begin with? are you the least bit curious as to if your 'friend' knew how this guy was to begin with, or at the least, that he was having major problems with his septic tank before you came along? if so, then this 'friend' of yours doesn't sound like much of a friend to me. just out of curiosity, who's side is he on, yours or the other guy? are you counter suing for non payment? hope this works out for you, that's a shame to hear that.

 

[sandman2234]

Not wanting to tell you how to do your business, but maybe you should reconsider your first offer/position. I would think your first offer should be that you would like your check, already agreed upon money, and then you will consider letting him off the hook for the fraud case.
David from jax

The last guy that ran me thru the mill got about 425,000 of the 2,800,000 that he started asking for, but only because the company let him have it, not me!!! Attorney costs took most of it, and I hope he gets sued by somebody else to get what was left taken away from him.
David from jax

 

[intel]

Man, That makes me mad.
This would be a good lesson for all of us that have a tractor and thinking of doing work on the side, even for a friend of a friend.
Farm with Junk please keep us posted.

 

[MarkV]

Yep, self employed contractor stories, I've been one for over 30 years and you run across this type of thing from time to time. Makes you wonder how some people sleep at night when they look at their personal integrity.

FWJ, do you do written contracts? After a few of these episodes myself I had to give up on hand shake agreements. Too many people out there whose word doesn't mean much anymore.

MarkV

 

[Stimw]

Just come up with a contract with a hold harmless clause in it. If they won't sign it then you walk away.

 

[WarrenF]

I am surprised at the responses. Even though those of you responding probably have not participated in some of the trashing of businesses on this forum....still I am surprised.

Here is FWJ who works hard and pays attention to his money. He goes out and builds a huge mowing business, and makes a little money. Someone is trying to take advantage of him, and you all rise to defend him....AND I SAY GOOD FOR YOU.

Then you move down the page and there are people on here literally trying to screw a dealer out of any type of profit he might try to earn. Then you are on here asking anyone and everyone just how you might "force" them to honor any and everything you might want done to your tractor under warranty.

This is the same type of deal. FWJ is now being attacked by someone who wants everything for "nothing."

Personal note to FWJ. If you have the resources, and the stress of all of this will not cause you physical harm....I would encourage you to "grab him by the face" with the law. Then once you have him in that position I would encourage you to break him. Money him to death, and perhaps bring him to the point where he sees that he runs a good chance of losing his home and acreage, because he messed with the wrong man.

If you have not noticed....I have tremendous respect for FWJ....only because of what he writes, an the information he provides on this forum.

 

[Greenmountain Farmer]

Our farm is on a stretch of road that has a snow drift problem through the winter, and many cars get sucked off, we have learned through the years when they come to the barn for a quick pull, we point them to the phone so they can call a tow service, not worth the risk to fire a tractor up.

Tom in Vermont

 

[/pine]

If you're not familiar with his books...visit Amazon.com and check out "George Hayduke"...he has some interesting ideas you may be interested in...(down the road after the dust settles and any legal battles are over with)

Archie bunker said it best..."revenge is the best way to get even" (and it's a dish best served cold)

 

[Heavyduty]

Just come up with a contract with a hold harmless clause in it. If they won't sign it then you walk away.

This sounds like a good idea. Put in compaction of septic fields, water lines, underground elect lines and old wells. I know this won't fly with gov or commercial contracts but residental people with make ya want to pull your hair out. Good luck, sounds like it was a set up from the start by how quickly he claimed to have damages.

 

[RollingsFarms]

Our farm is on a stretch of road that has a snow drift problem through the winter, and many cars get sucked off, we have learned through the years when they come to the barn for a quick pull, we point them to the phone so they can call a tow service, not worth the risk to fire a tractor up.

Tom in Vermont

i live on a dirt road that when it rains, can get pretty nasty at times. i have had more then my share of people coming to my house in the middle of the night asking me to come pull them out because they noticed my "big tractor in the barn". i have to respectfully decline because it's not worth the good deed of helping them out only to be sued when that tractor causes dammage to their vehicle. i tell give them the number of a local guy who has a tow service. they get pulled out, he gets some business, and i get to go back to bed without having to worry about being sued.

 

[Scooby074]

FWJ: Sorry to hear that. People can be scum. Hope you got a good lawyer and counterclaim for PITA and fees.

Reading some of the posts i realize how bad its getting. Cant help out your fellow man for fear of being sued. Hope it dosen't come to that where i am. Ill still stop to pull someone out of the ditch. The judges around here would laugh the guy out of court if he tried to take action.

 

[two_bit_score]

FWJ, if what the plumber told you holds up looks like you've got the jerk by the short one's. Can he spell fraud? Bet the DA can and the court would take a dim view of this. I can see you winding up owning his property if you want to go to the trouble of it.

 

[dodge man]

I am a land surveyor and work for a civil engineering firm. We get sued on occasion. Sometimes, if you use your imagination, you can see how we got named. Other times, there is no reason at all we are getting sued, but that doesn't stop people. Thats one bad thing about having insurance, people see that as a way to get money. The truth is, if we really screw up, we will pay to fix what ever we did wrong, and no court is needed. On every occasion we win, but we still lose because we have to pay to defend ourselves.

The lawyers got to make a livin you know!