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I would write a twelve month program working out all of the time needed for the various projects and invite the client to sign up for the year.
I would add a clause in the T&C's that insist on a penalty or at least a balance payment should there be a need to terminate the contract early.
If I was in your position I would work out all of the materials and the labour time to date and present your invoice for this amount. You should not be out of pocket.
On mine, I set out the standard services for the year to give a basic monthly amount and also highlight any additional services and the prices which if undertaken is treated as an uplift and invoiced accordingly.
I use a two month get out clause for both parties and this way I would of at least covered my costs if they cancel as an example after the first few months not that I have encountered a need to call upon this.
How would i set this out without sounding to forceful which is my main worry. Also would i need the help of a soliciter to draw one up for me.
Thanks for all your help on this
My quotation document I emailed awhile back to you covers this. All I do is have a sign-off page that the management company signs and ourselves stating that we all agree to the contents.
Don't think you would need to seek legal advice.
If you are worried about sounding too forceful - sell it to them that it is for their protection as they know extractly what you are undertaking and can be monitored on your performance. The get out clause gives them the added comfort that they could pull out but if you deliver on your promises there shouldn't be any need for them to cancel.
As Graeme says, I do not think you need to seek legal advice in order to set out terms of a contract.
If you present T&C's with your price, the client has the option to seek amendments if they are unhappy with them. However, if your terms are of a reasonable nature you will not usually have a problem and again, as Graeme says, T&C's are there to protect a client as well as you and can be a comfort.
You will be amazed at how much respect you will gain by pointing out what potential there may be for disagreement in advance or a deal.
Your experience will tell you where weaknesses might exist and it pays to highlight them.
Unpicking after the event is a hard task.
All the best
Phil
Thanks for the reply, I dont think i got the quote document you sent could you re send it if poss.
Sorry to mess you around and thanks again for the help.
dont know what i would do without ljn
BGS LTD said:
I have emailed you one of my quotation documents to your hotmail address. The example I use is for the original quotation and when accepted I re-issue with the T&C's included as an appendix including any particular clients demands such as working hours etc. and finally a sign-off sheet for both parties. Unless you have totally unreasonable T&C's the document will stand up in court.
The doc I sent you was worth over £11K for a 12 month maint. program.
Hope this helps
I am currently in the process of trying to secure some more commercial contracts, ideally these will be 12 monthly payments.
I was in the process of getting references from my current contracts when one that I have done for 3 years has pulled out, as we didnt actually have a written contract, I will have to take this on the chin and learn from it.
Hopefully if I get one of the new maintenance contracs it will soften the blow slightly.
Can anybody give me some tips on securing the contracts or indeed how to go about writing up a 12 month contract that doesnt sound too forceful.
Thanks
My basic T&Cs included below, some of which are based on posted info from other past LJN discussions on the subject.
I dont do full on commercial work but i do currently have five 12 month contracts with management companys and residents associations, start with the basic list and then this can be amended/ added too, to suit the particular client and the work involved.
With the final draft i include a sign off sheet for both partys to signature
Generally speaking the client is not bound to keep you for the full contract term. They can find reasons to leave, and as long as they give the required notice (30-60 days or whatever) they can leave. If they left in the middle of a contract terms when work has been done that's costed over the year (e.g. a big mulch job) then you send an invoice for the work done, might get complicated and you having to total how much they have paid for the year and how much should be due for the year including the additional work.
The way I work is to price the maintenance only into the annual contract, and anything such as mulching, mechanical lawn treatment, fence repairs etc are all charged seperately.
James, why did they pull out?
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