[urbanrevivals]

Hi, guys,

In July my company switched from doing services to solely building products. In July I gave out my last service quote. The client indicated real interest but didn't obligate at the time. She asked for her quote to be refreshed in August. We did.

In September, she faxes in the refreshed quote (which is now labeled as a progress invoice). She omits payment information on the fax back. She doesn't fill in those blanks, and she doesn't mail in the downpayment AS THE FORM REQUESTS. She wants me to call to get her credit card. She sends a bunch of e-mails telling us how we need to coordinate with all these other contractors, and even tells us which days to come in. She sends several emails to CALL HER. We don't.

OK - I know we should have nipped this in the bud. But, we didn't accept any payment. We've just been totally proccupied with building out the production line and national sales. We have told her, even in August and September, that we aren't doing any more service work.

This is a piddly job - refinishing a banister, and building and installing 2 gates.

Given that we never accepted payment, she says we have a contract. I don't think we do, though we should have firmly said "NO" earlier when our staff mix changed and our business model changed totally.

What do you think? Does she have a right to force us out there? I say no because no payment was remitted. Should I expect any trouble?

Cheryl

 

[K2]

In Colorado there is no contract until some "consideration" is exchanged. Consideration usually means money but it can be other things.

 

[ProWallGuy]

I would agree. No money/signature, no deal was made. Call a lawyer in your area that is familiar with contract law.

 

[PipeGuy]

Call a lawyer in your area that is familiar with contract law.

:Thumbs: :Thumbs:

 

[jproffer]

That is the very reason that I don't sign my contracts until I get the deposit. Up until that day, "that was just a proposal, your honor...NOT a contract, as you can see by the lack of my signature" "BTW your honor...who will be paying my court cost and the loss of work for today?" :cheesygri

 

[urbanrevivals]

Thanks guys. The form I sent her gave her 2 ways to get me the deposit. She did neither way stipulated in the form, but told me to call her using some 3rd way. I think I'll just wait this one out.

 

[AAPaint]

Doesn't your contract have a clause stating that it is not valid until accepted by an authorized member of your company? Mine does....

 

[urbanrevivals]

AA - Yes, our service contracts do. However, this was such a small effort (but horribly inconvenient now), that a standard PRODUCT purchase invoice was used. A payment clause was appended to it stating two methods of getting downpayment to us. She chose neither but kept insisting we call.

(Our web site also has standard purchase conditions that apply to all sales which should cover us. But, as a client, I'd say "what does the web site have to do with this?" except that is how she found us).

We've had immaculate service contracts until just this one, which bit us as we ceased services and moved to pure product sales in volume. Literally, the service quotation was issued as a product invoice. It said, pay us this way, and she didn't. I know... dumb. It really hangs on not completing payment, and I've now told her we do not have staff to conduct this effort, as the staff mix has changed. Nor do I plan to accept payment if received.

You really have the case of the company completely changing its business model. We've done no other services since July; don't need to, and don't want to, with the exception of future occasional historic restoration effort on some specific element. (We cite those jobs we do for publication and advertising).

I guess I have to hope at this point, she won't want me coming into her home at all, and that the effort is too small to seek legal recourse.

 

[Mike Finley]

Her recourse would be to sue for specific performance - ain't gonna happen.