Lawn care contractor failing

Started by RobertW31 • 10 replies • 751 views

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RobertW31 (New York)
Posts: 41

Posted:

We have a new Lawn Care contractor for this season. The mowing season ends on November 30. The Fall clean up has not been completed and many lawns are covered with leaves and today by snow (we are in the Northeast). I was going to terminate the contract and withhold the last payment but we have to give them 30 days notice. It is possible they may still get the work done by the 30th, if the snow melts. So we are hanging on till the 30th.

I asked our property management company if we should not take steps to alert lawn care contractor that they may not get their final payment if they have not completed the work but no answer yet.

The other thing I think about is how much damage will be done to the resident's grass if the leaves are left under snow until the spring. This is really the responsibility of the lawn care contractor because they didn't get the job done. If they are terminated (they have a 3 year contract) we will have no recourse to get them to repair the lawns.

Any suggestions? Lawyer?

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the board?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By RobertW31 on 11/16/2018 2:45 PM
We have a new Lawn Care contractor for this season. The mowing season ends on November 30. The Fall clean up has not been completed and many lawns are covered with leaves and today by snow (we are in the Northeast). I was going to terminate the contract and withhold the last payment but we have to give them 30 days notice. It is possible they may still get the work done by the 30th, if the snow melts. So we are hanging on till the 30th.

I asked our property management company if we should not take steps to alert lawn care contractor that they may not get their final payment if they have not completed the work but no answer yet.

The other thing I think about is how much damage will be done to the resident's grass if the leaves are left under snow until the spring. This is really the responsibility of the lawn care contractor because they didn't get the job done. If they are terminated (they have a 3 year contract) we will have no recourse to get them to repair the lawns.

Any suggestions? Lawyer?

One of the earliest storms of the year and many caught with their pants down. If otherwise happy, cut them some slack.

JoyceR2 (Virginia)
Posts: 156

Posted:

I agree..

Or at least have a conversation with them about your concerns.

LetA (Nevada)
Posts: 2,679

Posted:

There won't be any damage to lawns if the leaves are not raked and snow remains on them for the season. The leaves will be a soggy mess to clean up come first break in March.

SueW6 (Michigan)
Posts: 814

Posted:

Sounds like this is the ONLY issue with the new contractor. Consider yourself lucky.

All lawn care companies were caught short-seasoned in Michigan and this is a common complaint from customers who don't understand how leaf cleanup works.

Yes, cut them some slack.

RobertW31 (New York)
Posts: 41

Posted:

Yes

RobertW31 (New York)
Posts: 41

Posted:

They are well aware of our concerns. This issue is only one. There are other concerns but not getting into it on here.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Inquire about how they're going to conduct Fall maintenance but don't assume they're not doing it....even w/ snow on the ground. Of course, don't pay for contract services not-delivered. They would understand that.

Do not threaten to withhold payment without discussing the failure to rake the leaves as contracted. Why terminate them if an early season snowstorm - which could be unexpected - changes the landscape strategy.

Try to get the value of the contract extracted in other ways in lieu of the failure to rake leaves in time.

SueW6 (Michigan)
Posts: 814

Posted:

Hope your “other issues” have more substance to them than leaves left on the lawn.

MarkM19 (Texas)
Posts: 1,459

Posted:

Richard,
Not really a snow guy so I will leave that to the members here that have to deal with it seasonally. My concern is with signing a 3 year contract. In Ca. we were only to sign 1 year contracts and I feel like that is for good reason. It keep them hungry and on their toes. All of those typed of contracts have the 30 day out by either side. The problem is what is the next contractor going to not do up to the boards standards? If you write the next contract be specific and penalize them for not meeting the agreement.

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