My Contractor Wants to Use My Backhoe

[RobertN]

He can use it with you operating it. Who pays if it breaks? Maybe he has a good operator, maybe not. If he uses it, be specific who on his crew uses it.

 

[EddieWalker]

The biggest problem I see with poeple running equipment they don't own is greasing it. Backhoe's have allot of fittings and it can be a real pain to get everyone of them. Will he grease it?

Before giving him the keys, make sure he knows how to run it. Watch him, don't just take his word for it. I've never run allot of equipment, so it would be foolish to assume I could run your backhoe, even though I have one of my own. They are all a little different.

Eddie

 

[ToadHill]

My concern would be insurance. If someone is injured using your backhoe, will his contractors insurance cover it, or will the lawyers look to you?

 

[stumpfield]

Could there be a liability issue? What if one of his sub decided to play around and take the backhoe for a spin, flip it and your backhoe lands on top of him? Will the GC's insurance cover the liability for "your" backhoe?

 

[dirtworksequip]

Its not worth the risk. If you can be there to do the work with your hoe that would be OK. I sure would not want anyone else running any of my machines. Too many unknowns.

 

[3RRL]

Dave,
It sounds like a good idea and maybe a good thing to do?
But from my personal experience, every time I let someone use my equipment something went wrong. For whatever reason, either operator malfunction or machine failure, and each time there was that "uncomfortable" period to transcend. I will not do it anymore.
I would make a deal to do the work myself on my own equipment.

 

[George2615]

Something doesn't sound right to me.

1) You own the backhoe and have it on site.
2) Contractor wants to use it for free? Not paying you any compensation just so he won't have to truck in his backhoe.
3) He wants to charge you labor while using your backhoe?
4) (mentioned before) Does his insurance cover should someone get hurt with him or his employee operating your backhoe.
5) Will he pay for any breakage / damage to your BH while he's operating it or will you have to?

I'd say if he wants to charge you $35 an hour while he's running your BH then you should charge him / rent it to him for $35 an hour for the use of your BH. This saves him and you time and money by not requiring him to go and get another BH trucked in to do the job.

I had a similar situation where a contractor working on a property needed some bank run piles moved and spread for a driveway. My tractor and implements were there for landscaping that I was hired to do on the same property. I happened to be doing some other work inside the house so I wasn't using the tractor at the time. He paid me to use my tractor just so he could save time not hauling his tractor to the site. Usually I won't let anyone use my equipment but was onsite to watch him. He babied my tractor more than I have while using it.

I have done this only one time and will probably not do it again. Almost every time I have loaned out a tool or piece of equipment in the past it got broken. The only reason I let this contractor rent my equipment was because I knew him and how he treats his own equipment.

This is just my opinion which along with a buck will get you a cup of coffee.

 

[Phils]

Tough decision!

I used to own a Case 580CK that I bought to put our driveway, septic and everything else in that required digging. I paid the same for the tool as I would've paid to have someone else do the work but like most jobs, when it was over I owned the tool. AND I was pretty good at operating a backhoe.

I lent it to quite a few different people, at least 1/2 dozen, over the years. The requirement for them all was "... fix something...". If it broke, fix it. If it didn't break, find something that needed fixing and fix that.

I had no complaints or gripes after any of the 'borrows'.

What others have said is important: WHO will be operating it? WHO pays for breakage? WHAT is a fair compensation for all parties?

If you trust this contractor to do his job without you around, I'd be inclined to trust HIM operating the hoe (after a few questions on his aptitude toward that hoe's operations..... I had 4 sticks on mine and I'd have problems adapting to a 'joystick' model.) His answers would make my final decision. Maybe he's got a worker that's excellent with hoes like yours, as long as the contractor commits to funding any repairs.

Be sure and let us know your final decision and why.... this could come up again.

Also we'll want to hear (IF you let him use it) the final verdicts.

Phil

 

[CurlyDave]

Contractor wants to use it for free? Not paying you any compensation just so he won't have to truck in his backhoe.

Not quite that way. If he trucks in his backhoe, he is contractually entitled to charge me for the trucking both ways and his time while operating it. If I let him use mine, I save the trucking costs.

if he wants to charge you $35 an hour while he's running your BH then you should charge him / rent it to him for $35 an hour for the use of your BH. This saves him and you time and money by not requiring him to go and get another BH trucked in to do the job.

The real issue is that he is contractually entitled to pass that cost on to me, just the same as he would if he hired a subcontractor to bring in a backhoe.

If I charge him $35 an hour for the hoe, he will just add that to my bill and get me to pay him back. This might actually make some sense, because I would then be in the backhoe rental business, and could depreciate the equipment on my taxes.

Somehow though I suspect Uncle would look at that with a jaundiced eye, claim it was a sham transaction, and start talking fines, penalties and time in the greybar hotel.

My insurance would cover any liability issues, and breakage would be handled in one of two ways. If it is a "wear out" problem, the tractor is still under warranty, and the years on the warranty will expire long before the operating hours do. I would really like to get a few more hours to shake out any early failures. If it is a "he broke something issue" I will get his agreement to pay for that.

I can't be the operator right now because I still have a job in the SF Bay area and only get up to Grants Pass once every two weeks. I retire at the end of April, and at that point I will be the operator, which will also save the $35/hour.

Thanks for all the things to think about.

I am inclined to let him (but no one else) use the backhoe, if we get a written agreement on the damage issue, and if he will limit the use to less than 10 hours on the tach every two weeks. This will let me maintain the grease schedule myself, which I do not trust anyone else to do. I might have to buy an electric grease gun -- tragedy.

I am leaving to go up there Wednesday afternoon. I will talk to him Thursday and post the solution. I'll try to follow up if anything goes wrong, or goes right. I think I can save enough to make the risks worthwhile.

 

[dirtworksequip]

curly, get that electric grease gun. You will love it!