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| Need your comments on behalf of my dad who has a problem/issue with a local herbicide spraying company that sprayed soybeans. 1st time using this company, but they have been around for awhile and reputation is OK. Dad contacted spray company to burndown soybean ground this spring, was targeting "chickweed" in notill. Special mix was made, ground was sprayed, didnt kill it. Dad called ag spray company and they had the chemical reps came out and reps said that they must not have used proper mix, they would check it out and call my dad back. They never did. A week later, my dad called the ag spray company, they came out and said "Yep, it needs a re-spray". My dad said, let me know what you find out, thinking that they would follow up with the reps. A few days later, they came back at 6AM without warning and resprayed the ground. My dad thinks it was covered becasue the first spray didnt get the chickweed.
A week later, dad gets a bill for $1600. Now, time has moved on (a month) and my dad talks to the ag spray company and they argue over the bill. My dad said he thought it was a free respray and the ag spray company says "no". My dad tells them they never called to give him an update and my dad would have waited a few more week later into the season if he knew he was going to have to pay for a respray. Ag spray company finally tears up the bill, puts in trash can and says, I dont ever want to see you here again, dont call, dont step on property.
A week goes by and another bill arrives and this time there is a note saying that he owes the $1600, that it is the "3rd" respray that is free, not the 2nd and if he doesnt pay in 30 days, they will contact their lawyers.
My dad has still not heard from the chemical reps and has not followed up - he plans to call them now. Admittedly, he should have contacted the ag spray company the day he got the bill for $1600...but he didnt.
What are your thoughts on this topic....how should he proceed?
Thanks!
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Alabama, Land of the Absurd. | If the facts are exactly as you state, your Dad owes the Sprayer Company (SC) nothing. In fact, he may have an action against them for trespass, and possibly damaging his property (driving over his crop, making ruts, contamination, etc.) and the threatening letter might be a tort also (intentional infliction of emotional distress, mental anguish, outrage, etc., depends on state law).This is for the second spray.
For the first spray, if, in fact, the SC did not use the contractually agreed upon formulation or sparying method, he could also sue them for that contractual breach or negligence (again, depends upon state law).
Your Dad might want to have his attorney call the SC first and advise them:
A. To not set foot on his property again, and;
B. That your Dad wants a refund for the first spray (assuming it was done incorrectly), and;
C. After receiving the refund, your Dad will then decide if he will pursue a suit for the remaining issues.
Good luck. |
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| Something sounds askew. What chemical did they spray the first time? That's a critical component to this issue.
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Amherst WI | They should have also contacted him before they came back to re-spray instead of the 6am surprise.
I would tell them to come after me with their lawyer. The lawyer won't have 4 hours in it before the $1600 is eaten up. |
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| If one can assume the story is true, they are bluffing.
The whole thing sounds fishy to me.
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Iowa | Why did your dad change spray companies in the first place? Why was a special mix made? Most of the time on respray you do have to pay for the app but not the chemicals. Why are they contact their lawyers after only 30 days of no pay? |
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| What was the $1,600 bill for? It may not have been done in the best way but the company did make an effort to kill the weeds they were hired to kill and you dad didn't say to not re-spray until he gave the ok he just said to tell him what they find out. If the second application killed the weeds then your dad owes them for one application and depending on why the first one didn't work maybe the application cost of the second trip (just the spraying not the chemical).
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NW Ohio | Take care of the problem and buy your own sprayer. Then call bugkiller! |
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Problem with local ag spraying company
