Question about logging contact

[newoodguy78]

customsawyer summed it up perfectly in my opinion. From what's being said the OP is the one changing his mind. Just my feelings but he's obligated to read and understand the contract prior to signing. He said he said doesn't hold up in court ink on paper that's different. 
The logger probably should give him a call but ,I've also dealt with enough customers in the past to know that you can spend your entire existence on the phone or you can put your head down and get to work. Not very easy to make phone calls with chainsaws and skidders running.

[WV Sawmiller]

  I can see we are just going to have to agree to disagree on this one. 

  A big factor is I am not dependent on my business for a living and view it more as a cost paid hobby instead and am not looking to add clauses in my contract or agreements with the people I work for to squeeze another nickel out of them. 

    I hate courts, contracts and lawyers and if everyone did what they promised we'd never need them. I see a contract, verbal or written, as a clarification of expectations and an agreement for compensation between the two parties and verbal and written contracts/agreements should never be in conflict.

   If you buy something "as is" you are liable but if you trust the seller and he tells you something deliberately misleading does that make it okay?

   Anyway, by the end of August, we will know how this works out.

[btulloh]

Sounds like a normal logging contract and a busy logger doing his best to juggle markets, conditions, equipment moves, etc. Whenever I've signed a contract to sell timber it's gone very much like this one.  Maybe the logger said when he might be here, but it's always a guess.  Too many changing conditions for a logger trying to make a living. The jobs always got finished by the contract date, sometimes with a delay in the middle because conditions were bad - too wet, etc.  Maybe even a six month delay because neither he nor I would benefit from trying to log in some weather conditions.  

This logger sounds like a normal logger and is living up to the contract at this point.  Like has already been said, if he was too available it's because it's someone you don't really want.  And he's not going to waste a lot of time guessing when he'll be there and talking on the phone.

The job described is not a real attractive job and many loggers would pass on it.  I'd feel lucky to get what seems like a competent logger to come log something like this for me and I'd let the contract play out as agreed. He's logging to make a living, not picking up a few jobs here and there to support his hobby. He sounds like a good find - don't run him off. 

[stavebuyer]

You are obligated until August. My take is that the logger found easier, more profitable work and you are plan "B" or "C". You signed and are obligated to wait on him and I am willing to bet that the contract has no penalty for the logger if he never completes the work. You will loose a years time and I would wager the market may well be in decline by next August. Really no other explanation if the man told you he was starting in a week a two and has not shown up or given an explanation for the delay. He isn't recovering from surgery or waiting on parts; he found a better deal and left you twisting in the wind. I'd ask for the release. May not work but at least you tried.

Lots of opinions but the cleanest way to sell timber is marked, lump sum, paid in full at the closing. Why anyone desires to be "partners" with someone they do not know astounds me(and that goes both ways).

I hope I am wrong and he shows up tomorrow but I wouldn't be waiting on the timber check to pay your taxes.

[Southside]

the cleanest way to sell timber is marked, lump sum, paid in full at the closing

Can not agree more.  Sadly, around here that does not exist.  "Operator select" is all anyone knows.  

[Ron Scott]

A lot of good points and reasons made here for both parties.

A lump sum sale would have been preferred with the full sale amount or at least 20% down for a large volume sale due upon contract signing with the full balance due before cutting.

There should have been a payment penalty for failure to cut within the contract time limit unless a contract extension is authorized for good reason by both parties and accepted by the seller.

If a scaled sale, advanced deposits should be made to cover the amount of timber in advance of cutting and also with penalty clauses for failure to cut.

The seller and buyer both are obligated to the date of the contract, but it appears that there is no penalty or damage clauses in this contract for failure to cut or not completing the contract in its authorized time frame.

Hopefully the logger will complete the contract by August 30, 2022 in a timely and satisfactory manner in accordance to the contract terms. 





 

[BargeMonkey]

 I deal with ALOT of people, own multiple business and have 17 employees but generally if I don't get back to someone within 2-3 days normally there's a reason, communication is key in any business. 🤷‍♂️

 Honestly again and yrs ago I wouldn't have used this word but more and more I stress it to landowners... "forester".... because it cuts out the drama. 

 Some say logs will hold, I'm heaging my bets that it's going to fold hard this spring, if it does your holding the bag on this one if he's not done. 

 EVERYONE is busy. Not sure on your weather but this year has been a disaster, I've got 1 job going the landowner isn't happy, I pulled out because I couldn't get the wood out, running to the pans, maybe he's waiting for the ground to firm up which only helps you. 

[Habitatguy]

Thanks everyone for the responses. Not being in this field and never going through the process before just wasn't sure what my options are.  I guess I'll call the guy and ask if he's willing to let me have someone else cut it.  If he says no ill let you guys know where I'm at come August.  Live and learn I suppose!