Ultimate Borders
Ultimate Borders
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  • Norcross, GA
Asked on May 21, 2012

Legal question?

Kelly FClay BUltimate Borders
+7

Answered

A landscape curbing job I installed on Sunday was damaged by a hail storm that came in that evening do I have to replace it free of charge?
10 answers
  • nope....as long as you can show that the work was complete before the storm came in you should be just fine. You may want to do something for them just for customer service. How much damage did it do?

  • Ultimate Borders
    on May 21, 2012

    Thanks Andy! I've got pictures of the job finished will that work? I am going over there today to take a look. I felt like the customer was a little rude when he called to let me know. I will most likely do it free of charge.

  • I would agree in general. Concrete needs time to cure, inherent in the project. My guess would be that a consumer may try to argue a "duty to proect" arguably knowing that a storm was possible but if I were gambling, I would not put much stock in that being a winner. I assume that your contract may have a force majure clause (sometimes called Acts of God--or I prefer, Supreme Being). This is a good time to suggest you may want to have your contract reviewed and to see if there are tweaks you may be able to do to your contract to cover issues like this and to avoid problems. Remember contracts are not written in stone (or concrete) and good marketing means keeping up with your contract to be sure that if covers the issues. Also, from a customer service standpoint, you may want to work with the customer to help them with an insurance claim against their homeowners and to replace or repair. You may have a better result with word of mouth after. If I can be of any help, give me a call.

  • If it's something you can knock out without great expense, you're better off to fix it. As Kevin mentions, word of mouth and a happy client is what you're after. We've run into the same issue a few times over the years and just went ahead and fixed what we needed to and ate the expense. I think the only way you'd be on the hook for this is if you were doing the work and the skies were dark & it was about to rain. People are pretty quick to sue these days....but it mostly has to be for a pretty god chunk of money. With contracts, I've always kept them fairly simple and free of legalese. Otherwise, you end up with a contract that takes longer to read than it takes to complete the project! Let us know how it turns out

  • Ultimate Borders
    on May 21, 2012

    Thanks for the help guys. I am going to repair the job free of charge but was curious were I legally stood.

  • 3po3
    on May 22, 2012

    You're a good man. I agree that you probably don't have a legal obligation, but you're earning good karma and probably some good references through your generous work.

  • Ultimate Borders
    on May 22, 2012

    Thanks Steve! So turns out the customer over reacted about 30 feet need to be replaced - looking at 1 hour work tops!!!

  • Clay B
    on May 22, 2012

    If at all financially possible, just repair it. Think of the word of mouth/internet feedback you get if you don't, it will spread around town. If you do the repair without question, just think of the jobs you would get when people inquire with the homeowner about the great looking edging, and that customer tells them the "Hail damage" story, you will clinch that potential customer, because they will know for sure you stand behind your work and product. That's all a homeownder needs to hear, to know whom they will hire.

  • Clay B
    on May 22, 2012

    Of note on the legal issue. court will say, was any bad weather predicted that day? Key word ANY. Historically, you will lose in court, homeowners generally will win in these cases. Just better to fix it. It's worth your time to just do it, and avoid these types of things.

  • Kelly F
    on May 29, 2012

    Their homeowner's insurance should cover it.

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