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SWMO | A little background. I have a custom client that I do all the planning and seed ordering, planting, spraying, trucking and harvest. We have got along great and he is very prompt on paying bills. I feel my management has resulted in good yields over the years (5 years) with 65 bpa soybeans this year. Total acres amount to 175 acres. When we entered this arrangement he declined both a cash lease and any sharecrop deal because he felt our share crop didn’t provide him a big enough share of profits. I however I think he mainly wanted all the expenses for tax write offs because his day job is very lucrative. That’s fine, I agreed to the term.
Last week we was harvesting a new section of the farm he recently cleared off with a new demo header and combine from John Deere. 10 minutes after JD left, it happened. I ran into a corner post cut at ground level and COMPLETELY hidden by residue/grass etc. I immediately contacted him and John Deere of the mishap. I also informed him to contact his insurance for possible liability due to neglect on his part on not telling me of this obstruction.
Keep in mind I had a rock damage on our hydro flex header the night before on his land, leaking all the fluid out and causing somewhat expensive repairs. That kind of stuff happens all the time.....no big deal.
He comes back with an offer of getting together with JD and coming up with an equitable deal where we all share equal neglect or on JD part negotiate down A 10 K cost estimate. I feel our relationship with John Deere does not warrant getting them involved. Why jeopardize any future Demo offer?
I will tell you what I did.........not asking if I did the right thing (by implying he had the negligence) but I would like to know what others would have done.
I said I decline his plan and not worry about damages. Let’s get together, settle all accounts and not proceed forward next year with any arrangements. In other word “if it works, we will do it again, If I’d don’t work we don’t do it again” Clearly with a 10K bill but a $5,500 harvest bill, it wasn’t working for me. I would caution all custom operators to spell out what is expected when you pull into their land.
I will add, I feel VERY bad about the whole situation, he didn’t do anything out of line. I just don’t want it to get out to public any misinterpretation of situation (making him pay damages) on my part.
Incidentally we purchased the combine but opted out of that header for a newer model header.
Edited by tnfarms 12/12/2018 07:38
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What would you do?
