Trash Service -- Charged for time on strike

Started by MarcG4 • 3 replies • 62 views

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MarcG4 (Massachusetts)
Posts: 3

Posted:

Our trash collector, a large company, was on strike this year for almost 3 months. We used another service during that time. The original company, who we have a contract with, recently sent us a notice that they will turn our account over to collection if we don't pay $5,000 for the time while they were on strike. Their contract has language that supports this, but it is my understanding that Massachusetts courts tend to not favor contract provisions that require payment for services not rendered. I would appreciate any feedback from other Board members, preferably in MA, that have dealt with this issue.

SheliaH (Indiana)
Posts: 6,964

Posted:

Talk to your association attorney- other board members don't live in your community and may not be attorneys. The attorney may be a lie to negotiate something, like providing additional services worth the $5k of services you didn't get while they were on strike.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ElleN (Idaho)
Posts: 1,339

Posted:

Quote:

Posted By MarcG4 on 11/19/2025 1:40 PM
Our trash collector, a large company, was on strike this year for almost 3 months. We used another service during that time. The original company, who we have a contract with, recently sent us a notice that they will turn our account over to collection if we don't pay $5,000 for the time while they were on strike. Their contract has language that supports this, but it is my understanding that Massachusetts courts tend to not favor contract provisions that require payment for services not rendered. I would appreciate any feedback from other Board members, preferably in MA, that have dealt with this issue.

I see signs that the strike may qualify as a force majeure.

See also:

https://www.reddit.com/r/legaladvice/comments/1nfc7xy/the_garbage_pick_up_company_was_on_strike_for_2/

I do not like your chances.

DeanJ
Posts: 1,786

Posted:

You need to speak with your HOA attorney. You do have one right?

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