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Herve garrot

commercial contract abruptly cancelled
« on: March 13, 2014, 12:47:05 pm »
hi  I would really appreciate any advice.  In January I was given a commercial job : cleaning a bloc of flat 3 times a year  for £90 each time . I was asked write a letter to say I would clean the windows 3 times a year for £90 each time . now after the first clean and having to ask for the money. I just got that e mail: I've sent you a cheque today of £90 for the window cleaning done on the 2 nd February. Please note the leaseholders don ' t find it necessary for the windows to be cleaned and therefore please don't carry out window cleaning in the future at this property. Yours sincerely.   NOW DO THEY HAVE TO PAY ME for the next 2 clean even though they don't want my services any more ??? What can I do?     any help really appreciated. thanks

Herve garrot

Re: commercial contract abruptly cancelled
« Reply #1 on: March 13, 2014, 12:48:18 pm »
I will add that they reckon the job was carried out properly.

Re: commercial contract abruptly cancelled
« Reply #2 on: March 13, 2014, 01:21:11 pm »
Absolutely no. Why would they pay you for no work?

Herve garrot

Re: commercial contract abruptly cancelled
« Reply #3 on: March 13, 2014, 01:32:20 pm »
what about breach of contract?

Soupy

  • Posts: 19838
Re: commercial contract abruptly cancelled
« Reply #4 on: March 13, 2014, 01:41:49 pm »
Had they agreed £270 for 3 cleans in a year maybe you'd have a case. They didn't, they agreed £90 per time - which is what they paid you.

It is a bit rubbish but I reckon you'll just have to live and learn - price with the chance of it being a 1off in mind.

PoleKing

  • Posts: 8974
Re: commercial contract abruptly cancelled
« Reply #5 on: March 13, 2014, 01:42:49 pm »
Had they agreed £270 for 3 cleans in a year maybe you'd have a case. They didn't, they agreed £90 per time - which is what they paid you.

It is a bit rubbish but I reckon you'll just have to live and learn.



+1. Was just about to write almost exactly the same
www.LanesWindowCleaning.com

It's just the internet. Try not to worry.

cgh window cleaning

  • Posts: 540
Re: commercial contract abruptly cancelled
« Reply #6 on: March 13, 2014, 02:05:27 pm »
If you have not had a contract drawn up and had them sign it there is nothing you can do.

Herve garrot

Re: commercial contract abruptly cancelled
« Reply #7 on: March 13, 2014, 02:08:15 pm »
what about e mails asking me to confirm in writing that I'll clean windows 3 times a year? does this count as a proof ?

 

Bill.upnw

  • Posts: 293
Re: commercial contract abruptly cancelled
« Reply #8 on: March 13, 2014, 02:15:03 pm »
Unless u had them sign a contract then nope

Perfect Windows

  • Posts: 4157
Re: commercial contract abruptly cancelled
« Reply #9 on: March 13, 2014, 02:30:16 pm »
I disagree with earlier posters.  You don't have to have a signed contract to form a contract.

If I say to you "I'll clean your windows for £20" and you say "OK" then if I go ahead and clean in the reasonable belief that you wanted me to then we have formed a contract and you must pay.  It applies whether done verbally, in sign language, by jungle drums, written in blood or by email.

However, it doesn't sound like you have said "We'll do three cleans and on the basis that we will clean three times, we have priced at £90 per clean".  Neither have you said "We'll clean your windows every four months for £90 per clean and you must give us eight month's notice if you wish to cancel".  Nor have you said "We'll clean three times for £270".  If you've said any of those, it's a different matter (but may not change your best course of action).

So, in the absence of those, you would have a great deal of trouble getting a court to agree that they were in breach of whatever contract you did form when you carried out the clean.

I'd suggest that you pick yourself up, dust yourself off and walk away a little wiser.  It's not worth trying to enforce IMO, however correct or aggrieved you may feel.  Spend the time you would have spent chasing this up in finding a better customer.  And make sure you tell every windy in town who the management company are so there is a consequence for them; if they find it harder to recruit a cleaner they may think twice about shafting them.

Vin

Clever Forum Name

  • Posts: 5942
Re: commercial contract abruptly cancelled
« Reply #10 on: March 13, 2014, 02:33:55 pm »
what about e mails asking me to confirm in writing that I'll clean windows 3 times a year? does this count as a proof ?

 

I kinda see something with this, wouldn't hurt to mention they wanted it confirming you would clean 3 times a year?

Herve garrot

Re: commercial contract abruptly cancelled
« Reply #11 on: March 13, 2014, 03:18:34 pm »
thanks vin . What you say makes a lot of sense. it's just that it really got to me as regardless of my work I would have still carried out that work based on that written agreement ( 3 times a year over a one year period) . being told after the first clean by email that the leaseholders had changed their mind and is was no longer needed was a bit hurtful lol

♠Winp®oClean♠

  • Posts: 4085
Re: commercial contract abruptly cancelled
« Reply #12 on: March 13, 2014, 03:43:34 pm »
thanks vin . What you say makes a lot of sense. it's just that it really got to me as regardless of my work I would have still carried out that work based on that written agreement ( 3 times a year over a one year period) . being told after the first clean by email that the leaseholders had changed their mind and is was no longer needed was a bit hurtful lol

Might be a bit hurtful but it's business & their absolute right to do so given the circumstances.

That's commercial work for you! :)

Paul H

  • Posts: 878
Re: commercial contract abruptly cancelled
« Reply #13 on: March 13, 2014, 03:53:29 pm »
You don't want to work for people like this anyways ... You're best rid ..

Sounds like they've had you over and maybe really just wanted a one off and teased you in with the 3 x yearly


Pro-Poler

  • Posts: 216
Re: commercial contract abruptly cancelled
« Reply #14 on: March 13, 2014, 03:53:47 pm »
Doesn't look like the business have done anything improper here, they have paid for the work they have had done, it's their choice if they want to cancel, there is no contract. I don't think childish behaviour such as telling all the other window cleaners not to touch them is going to make you feel better as if anyone would take any notice.

Pro-Poler

  • Posts: 216
Re: commercial contract abruptly cancelled
« Reply #15 on: March 13, 2014, 03:57:14 pm »
What you should have done is charge them £150 for the first clean. You can't blame them for pulling a fast one as window cleaners we should charge accordingly, first time cleans must be charged accordingly to cover yourself.

Herve garrot

Re: commercial contract abruptly cancelled
« Reply #16 on: March 13, 2014, 04:00:47 pm »
so what was the point of asking me to put into writing and signing that I would do it 3 times a year ?

Herve garrot

Re: commercial contract abruptly cancelled
« Reply #17 on: March 13, 2014, 04:03:05 pm »
having said that pro poler you're absolutely right I should have been more careful and get a contract signed! the price wasn t that bad but I suppose it could have been higher

Ian Lancaster

  • Posts: 2811
Re: commercial contract abruptly cancelled
« Reply #18 on: March 13, 2014, 04:05:19 pm »
At once every 4 months, I would regard that as a one-off each time, and charge accordingly.

As it is it's only £5.63 per week, or £22.50 per month, about the same as a 4-5 bed house - hardly worth getting your twickers in a knist.

Even if you'd had a contract, what's the likelihood of you going down the court route?

As plenty before me have said, spend the time replacing with two more :)


Pro-Poler

  • Posts: 216
Re: commercial contract abruptly cancelled
« Reply #19 on: March 13, 2014, 04:10:26 pm »
I went canvassing today didn't get a singles job unless I get calls from leaflets which were posted through the doors of the not in ones later, think I put some off by telling them it's double for a first clean which made the quotes £40, don't care I'm not being stung some of these jobs would have used 50 litres of water and judging by the state of them, there was a good chance of some no repeat work.