The Forestry Forum

General Forestry => Forestry and Logging => Topic started by: timberjack97 on June 23, 2014, 07:27:20 PM

Title: timber contract problem
Post by: timberjack97 on June 23, 2014, 07:27:20 PM
I wanted your guys opinion I have a 2 year timber contract on a tract of timber with 500 000 board feet of timber on it the contact was sighned in  feb  this year with the wet weather and some  things I haven't been able to get to the job  the land owner called me and said hes not waiting any longer for me to get there to cut he says he is getting out of the contract  can he do that
with a sighned legal contract I can see how he can what should I do
Title: Re: timber contract problem
Post by: CTL logger on June 23, 2014, 07:48:15 PM
Take it to an attorney! Did you pay him any money yet?
Title: Re: timber contract problem
Post by: timberjack97 on June 23, 2014, 07:49:58 PM
not yet I was to pay as the job was being cut
Title: Re: timber contract problem
Post by: beenthere on June 23, 2014, 07:57:42 PM
Quotewith a signed legal contract I can see how he can

You can see how he can do that, or you cannot see how he can do that? 

Two opposite meanings here.

What time limit is in the contract?
Title: Re: timber contract problem
Post by: timberjack97 on June 23, 2014, 08:00:33 PM
sort typeo ment to say cant see
Title: Re: timber contract problem
Post by: beenthere on June 23, 2014, 08:06:06 PM
So how do you read the time limit on your contract ??

Spelled out, or is it up in the air for either party to decide when you are finished? 

Sounds like the owner of the timber is saying "finished".
Title: Re: timber contract problem
Post by: timberjack97 on June 23, 2014, 08:17:21 PM
its says it expires by feb 17 2016
Title: Re: timber contract problem
Post by: thenorthman on June 23, 2014, 09:17:08 PM
Does the contract spell out what happens if he breaks the contract?
Title: Re: timber contract problem
Post by: timberjack97 on June 23, 2014, 09:42:10 PM
yes it does if the contract is broken it goes to arbitrators to decided  what happans
Title: Re: timber contract problem
Post by: thecfarm on June 23, 2014, 09:45:58 PM
I sure don't know his money problems,if any. But maybe he needs the money and even though it is wet,he might overlook or put up with the damage to the ground getting the wood out.
Title: Re: timber contract problem
Post by: timberjack97 on June 23, 2014, 10:16:14 PM
I don't think he needs the money he has money hes well off
Title: Re: timber contract problem
Post by: Southside on June 23, 2014, 10:24:22 PM
Maybe he can and maybe he can't get out of the contract, either way you have to ask yourself if you really want to work for a guy who does not want you there, and is that small minded that he does not realize the valid reason for a delay on your part.  I can only imagine the headaches that would come from such a job down the road, ie - scarred / damaged trees, skidder ruts, complaints to the forestry enforcement department, bad mouthing you to everybody who will listen.  Even though its income not earned I would happily bow out and run, not walk, away.  You may see another crew show up next week and they will laugh about how much money they made on the job or how they paid him $0.50 more for stumpage - either way they will be the ones to own the issues down the road and not you. 
Title: Re: timber contract problem
Post by: CTL logger on June 23, 2014, 10:25:53 PM
I'm out
Title: Re: timber contract problem
Post by: timberjack97 on June 23, 2014, 10:32:53 PM
I agree with you ctl logger I think he should have to buy me out of the contract if he wants out of it
Title: Re: timber contract problem
Post by: CCC4 on June 23, 2014, 10:44:31 PM
I see both sides here... not to be a jerk but... February to the end of June is too long to have not started the job. I cut multiple units on a regular basis, I get sent from one to another just to keep the flow and keep money coming in to each LO. This year has been bad wet for us, so I understand your delay but to a LO, that many months would get a lot of crews kicked. JMHO
Title: Re: timber contract problem
Post by: treeslayer2003 on June 23, 2014, 11:39:52 PM
southside could have a point there.........some jobs ain't worth having.
you know weather he is a man of his word or not.
Title: Re: timber contract problem
Post by: luvmexfood on June 24, 2014, 07:02:04 AM
Quote from: CTL logger on June 23, 2014, 10:25:53 PM
What if someone heard you bought it they offered him more or a lump sum and he's trying to figure out how to get rid of you. I've seen it happen and been effected by it happening more than once. Years ago I was cutting my cousins timber he hired a surveyor to mark the property lines and the next day had 3 or 4 timber pimps beating on his door to give him whatever he wanted for his timber. I would never trust that surveyor I'm sure he got some finders fee if one of the guys he called bought it. My cousin was smart enough to ask them where were ya the day before. Around here timber pimps are guys that buy or aka steal tracts of private timber then sell the contract to mills, they never cut anything themselves. The business being in a downturn the past several years has put a real hurting those type of people.

Your timber pimps sound a lot like pinhookers at a livestock market. Always hated them.
Title: Re: timber contract problem
Post by: beenthere on June 24, 2014, 09:23:22 AM
Quote from: timberjack97 on June 23, 2014, 07:27:20 PM
I wanted your guys opinion I have a 2 year timber contract on a tract of timber with 500 000 board feet of timber on it the contact was sighned in  feb  this year with the wet weather and some  things I haven't been able to get to the job  the land owner called me and said hes not waiting any longer for me to get there to cut he says he is getting out of the contract  can he do that
with a sighned legal contract I can see how he can what should I do

Same contract as mentioned in this previous thread of yours?  Or a different one?

https://forestryforum.com/board/index.php/topic,68350.0.html

QuoteI  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 ?
Title: Re: timber contract problem
Post by: jocco on June 24, 2014, 03:31:46 PM
First i am not an attorney electricuted-smiley But one told me contract or not if a land owner did not want his land cut he could get out of it. He (may or may not) have to pay you if you built roads, surveyed the property etc) Next up teeter_totter THERE IS A THING NOW ABOUT "NON PERFORMANCE" THAT CAN GET YOU BOOTED!!! I have seen about 3 cases of it recently good luck dadgum you, Charlie!
Title: Re: timber contract problem
Post by: CCC4 on June 24, 2014, 07:06:40 PM
  :o ^^^^ what he said...to the "T"






edit....I had zero idea I had epilepsy till jocco's post....omg