what has to happan to get your job shut down

timberjack97 · August 12, 2013, 05:00:47 PM

I m having a problem on my logging job the forester told me I m not aloud to work there anymore over 5 loads of pulp that he said I didn't pay for . he said my contract is canceled because of that is that legal for him to do that ?

beenthere · August 12, 2013, 05:20:34 PM

Tell us more, as you surely have some inkling what this is about.

timberjack97 · August 12, 2013, 05:37:01 PM

it states in my contact pulp wood is to be paid every 2 weeks which I have done out of like 50 loads there trying to say there is 5 loads I didn't pay for and that I broke my contract to them I don't think they can just shut me down if they want to I need some info on this subject I ve never been shut down in 20 years of working

CCC4 · August 12, 2013, 06:25:58 PM

Hmmm... you sure there isn't anything else going wrong? For us, when we cut a FS job, contracts are made with the buyer also. The buyer holds out the percentages, knows the load counts and knows the projected # of loads expected to come from the tract. I have heard of people having there contract severed by FS but it is usually for other reasons. Not saying you have done something wrong...but something has happened.

timberjack97 · August 12, 2013, 06:59:30 PM

no sir my block payments are paid up to date as well how can they just shut me down with a contract could till next summer is that legal what they are doing?

CCC4 · August 12, 2013, 08:28:35 PM

I know on FS jobs they can shut you down for several things. Ruts, skint leave trees, high stumps, did I say ruts??? I figure they have the authority to do whatever they want.

timberjack97 · August 12, 2013, 08:41:55 PM

its not and FS job its a indepent forsters job

1270d · August 12, 2013, 08:47:40 PM

You should have a copy of the contract. If you violated part of that contract, and the penalty expressed in the contract is closing the job down...... you signed it right?

WDH · August 12, 2013, 08:50:40 PM

You need to find out why he is saying that you defrauded him on five loads. If you say that you paid for all loads, you have a right to see his evidence that you did not pay.

timberjack97 · August 12, 2013, 08:58:40 PM

it says nothing in my contract about shutting down the job all id says in case of a dispute it goes to aribitrations to settle the dispute

thecfarm · August 12, 2013, 09:34:17 PM

I suppose you have load tickets?

Corley5 · August 12, 2013, 09:38:25 PM

You got a lawyer ??? If not now's a good time to get one

timberjack97 · August 12, 2013, 09:44:06 PM

yes I do and yes I got a lawyer

SwampDonkey · August 13, 2013, 05:14:40 AM

Whose been scaling the loads? Were they scaled at the yard and then compared to a mill scale, and are the scale specs the same? Here, we have a Scalers Act and certified scalers and a book a scaling rules. Also, find out if his load tally is based on a cruise of the stands. If so, then compared to scale slips, then this method will not hold up. No insurance company will insure a cruise tally against actual yield. A cruise is an estimate only. Seems to me there has to be some kind of evidence at play. Also consider that there is sometimes a 3rd party involved taking wood on weekends when everyone that is suppose to be on the job site is home for the weekend.

Ron Scott · August 13, 2013, 07:43:46 PM

Being negligent to the payment terms or other terms of the contract will usually shut you down until the wood is paid for or the action is corrected. But if you have records that you have paid for the wood and are in dispute with the timber seller or his agent, the forester, on this point; then you can appeal the shut down and go to arbitration, but best to have the advice of your attorney to evaluate the shut down action of the forester.

There seems to be a misunderstanding somewhere in the volume determinations and how the wood is to be paid for and who is scaling the wood and where?

timberjack97 · August 13, 2013, 07:49:14 PM

the forester scaled the job I bid on it I was the high bid and they want all the pulp wood paid for by the ton in spite of the saw log bid

Vance in AK · August 13, 2013, 07:55:02 PM

And you have been paying for all the pulpwood by the ton?

timberjack97 · August 13, 2013, 08:38:16 PM

yes 4.00 a ton

SwampDonkey · August 14, 2013, 04:41:51 AM

Sounds like your basing scale on an estimate in tree form.

giant splinter · August 14, 2013, 08:16:37 AM

Who do you have hauling it and is there a possibility that the 10% of your loads are being diverted and not arriving at the actual mill?, any possibility that the load count is incorrect?, one out of every ten loads can be difficult to check after the fact and without proper scaling on both ends and signed load tickets, seems like his evidence is weak or at least vague so what is he backing it up with?. Are we missing any details here? something is missing from the equation.
If you have hauled off 50 loads, 5 are unaccounted for and the forester is asking you to stop due to a breach of contract I would think he needs to have to support his argument with some facts or hard evidence prior to a request to vacate.
If you are paying $4.00 per ton and hauling +/_ 40 tons per load, your dragging less than a thousand dollars worth of payment, what the heck is all the drama over ------ pay it and get back to work.
I still have to wonder about the details you have shared and what is missing in all this info.

timberjack97 · August 14, 2013, 09:39:27 AM

i tried to pay it and they wont let me they said my contract is terimated how can they do that?

submarinesailor · August 14, 2013, 09:45:04 AM

Lawyer time!!!!!!!!!!!!!!!

WH_Conley · August 14, 2013, 10:11:32 AM

I guess you are paying the stumpage on the mill weight? Is the forester taking his estimate as exact and claiming you are short because the mill weight comes up different? I would demand proof of wrong doing. I also would not offer to pay if I was being honest and in the right. Sounds like lawyer time. If the facts are as you say you should be eligible for compensation for lost work. You will have to prove you are being honest.

As was said earlier, could a trucker have mismarked a load?

giant splinter · August 14, 2013, 10:33:06 AM

Quote from: timberjack97 on August 14, 2013, 09:39:27 AM
i tried to pay it and they wont let me they said my contract is terimated

I think the question was already asked if you have a copy of your contract, read and understand it and followed it as close as possible. So when you ask "how can they do that?" it occurs to me that someone/somehow must have called your attention to the delinquent 5 load pulp load payment. As I look back through this post I see a great deal of sound advice along with some very strong questions about your involvement and position in this matter.
Best thing I can offer is you may want to offer your experience and questions to your Lawyer for review and go with his advice.
Terminated is an interesting choice of words in this case. What will arbitration accomplish? do they want to address the $800.00 bill that is in question? or are they interested in taking on a lawsuit over your loss of anticipated profit due to their running you off of the jobsite, if you have not already agreed to arbitration.
Have a chat with your lawyer and go with his advice, they know what works and make it happen.

Timberjack97 I hope you work it out... best of luck on this one, we will be pulling for you.

timberjack97 · August 14, 2013, 10:45:39 AM

thank you guys for all your support I meet with my lawyer tommrow I was always tols the to shut you down the way they shut me down is that you need a court order or the sheriff to stop you I ll I got was a typed letterfrom the forester stating the contract is canceled due to non payment on those pulp loads it wasn't even sighned by any one how can that be legal?