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benedmonds

Day rates when things go wrong..

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I have mentioned this job before, client with 15 or so large ash trees dead or dying with ADB in a garden.  Probably a week or twos work to do a propper job, clearing up etc..

The client is not willing to pay the rate I quoted for the job, claiming (while sat in his brand new electric Jag) he can't afford it. It is a lot of work.

 

We have done a fair amount of work for him at his large house and his other properties over the years so I want to keep him on side.  I explain it's a difficult job and I have to add some contingency incase things go wrong and so suggest a day rate where I will send 3 guys, LR, chipper and 28m MEWP. 

 

He can decide what work they do, we can concentrate on the technical and leave a mess for him to tidy up etc.. He opts for 2 days, but after the first day decides he needs a third which I accommodate, as we have the 15 ton 28m Mewp onsite...Even though it screws up my diary..

 

On the second day the guys get the 4wd MEWP stuck.. It costs £650 to get it pulled out and they basically get bugger all work done. 

 

So as he was on a day rate should he pay for the 3 days? 2 days? Or some compromise?

Edited by benedmonds
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So this guy gets some professionals in to do some tree work and between them they negotiate a rate for three days work, on the second day of work these professionals get a piece of their machinery stuck and have to pay out £650 to recover their machinery and you are asking if the guy should pay them for that day even though they didn't do any work for him?

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He should pay for the day and recovery. He wanted to hire you and the machine daily to save money, versus a quote where you assumed the risk. It’s simple. 
 

getting the money out of him won’t be simple though. 

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It seems to me the third day is on you.

 

I have to admit it annoys me a bit when you mention how rich the client is. That has zero relevance to the moralities of it.

Edited by Mick Dempsey
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50 minutes ago, benedmonds said:

I have mentioned this job before, client with 15 or so large ash trees dead or dying with ADB in a garden.  Probably a week or twos work to do a propper job, clearing up etc..

The client is not willing to pay the rate I quoted for the job, claiming (while sat in his brand new electric Jag) he can't afford it. It is a lot of work.

 

We have done a fair amount of work for him at his large house and his other properties over the years so I want to keep him on side.  I explain it's a difficult job and I have to add some contingency incase things go wrong and so suggest a day rate where I will send 3 guys, LR, chipper and 28m MEWP. 

 

He can decide what work they do, we can concentrate on the technical and leave a mess for him to tidy up etc.. He opts for 2 days, but after the first day decides he needs a third which I accommodate, as we have the 15 ton 28m Mewp onsite...Even though it screws up my diary..

 

On the second day the guys get the 4wd MEWP stuck.. It costs £650 to get it pulled out and they basically get bugger all work done. 

 

So as he was on a day rate should he pay for the 3 days? 2 days? Or some compromise?

In my opinion He sounds to me like he’s a customer who you don’t want to work for. I wouldn’t of worked for him from quoting the job idd of walked away and let someone else do the job who will work for nothing. From experience if you have always done a good job they always come running back with there tail between there legs. 👍 

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Did you get the work finished that you had planned over the 3 days is the question and if so invoice for the 3 days.Meet in the middle on it if not

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the problem is you want his work to much and because of that he has you right where he wants you. 

you should have told him the price was the price and if he wants any different then you can work back from the price, but certain aspects of it won’t be done.

the mewp is your issue, you drove it in there and it got stuck. I don’t know the situation but generally you know your getting in a shot situation before you get to the point that it requires £650 worth of recovery 

accept the loss, forget about how wealthy he is and chalk it upto experience 

 

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I guess it depends what is in your contract, for example would the customer have to pay if the MEWP broke down, indeed does getting stuck count as a breakdown? Could get nasty messy, because I doubt you have a watertight contract (I certainly wouldn't have).

I think if you charge the 3 days then he will be unhappy, you risk losing him as a customer.

You could charge the 2 days and say this is exactly the reason you won't work for day rate ever again.

My experience of day rate is more from my engineering world, really don't like doing it because you have to give that estimate of how many days at some point and that sets the expectation of price which is then difficult to vary. What do you do? Estimate high? Have to justify all the days?

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