How many times I have to tell you ??
I am constantly amazed how contractors think all they need to do is “remember” a conversation and that’s all it takes to stop a lawsuit. The contractor gets a call from a property manager saying “we are tight on budget money, and we need you to cut back on the level of service we receive”. So, they stop salting, or don’t plow at the previously contracted “zero tolerance” level and institute a 2” trigger for plowing. All is well, until 3 years later the lawsuit arrives in the mail about someone falling in the parking lot / driveway / sidewalk a few weeks after the “new directive” came. So, the contractor tells his insurance adjuster “we were told to back off – so this is not my fault”.
Then come the lawyers. “Prove the conversation took place”. No…no – you HAVE to believe me… it DID.
Oh..oh….. seems the property manager can’t quite remember the phone call. Not really sure what was discussed. Might have been about a quote for next season…..or, maybe a compliment on all the hard work the contractor did – except for that one stretch when they didn’t show up a lot.
Had the contractor sent in a fax, or sent an email confirming the innocuous conversation – something…..anything in writing to back up the “alleged” conversation….all this heartburn could have been avoided (for the contractor).
But – alas, the trusting contractor just didn’t think it was necessary to do that. Heck…the property manager knows we had the conversation – and surely she wouldn’t forget she told me the Association / Property Owner / Tenant was out of money and didn’t want to spend any more….. SURELY…..
Oops. Then the property manager might also say “Hey, Mr. Lawyer – please sue ME, not the good contractor – my insurance company can afford to pay out millions in damages”.
Yeah…. That happens ALL the time – doesn’t it…….
Hmmmm….. that’s what I thought.
Document……. Document……DOCUMENT, Damit !!!!!