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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110601
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My father owned and excavation company. 16 years ago we did

Customer Question

My father owned and excavation company. 16 years ago we did the site work for a metal production facility (castings). We continued working for them on a couple more bidded projects. After which we got a 3yr hauling contract. In which we hauled the garbage to county landfill. And waste sand, Slag, dust, baghouse dust, bottom drop (cupula)clean out material / build up of material that didn't pour hot in molten form. Also sand cores and a couple other waste stream by products. All of which go to the owners private landfill or monofill as they call it. We do this for 9 years. All in which they never advertise our contract to rebid just renewed it every 3yrs or so. I say or so. Because at times we had went 3 months expired before renewal. Once I think 9 months before owner or ourselves seen that it had expired. The factory planned a new expansion, 50 million total. Same location a mirror of existing facility. Our portion to bid to a general contractor was dirt work. We where not the lowest bidder in our respective trade. But the value of savings and quality of work we had done in prior yrs had paid. Owner added $100,000 to contract just to cover the difference so we would be on site. 2 months in economy failure expansion shut down.3 months entire factory closed. 5 more remained open nation wide.
Other projects failed and just as my father's health at that time the business went down to. We lost all that we had. Homes ,family farm ,1,800 acres of land, Numerous partnerships all gone. The owner had kept us on a small payment schedule to keep monofill open. Each month that I took a small Trailer and hauled one loader scoop and dump it. To show activity. From a 500+ factory employees to 1 and a security guard. After I seen there was no way for my father's company to last. I went and started my own company. With the hope of someday th owner would start it back. I did this after my father's contract was over 90 days expired. They gave me a year. With collectors chasing his last penny and health issues I took work from logging. To actually moving equipment for a company to Mexico. While there in 2011 in August I got email that owner was starting up soon. They gave me another yr contract. After I ran a gauntlet of hurdles. I got a 3yr contract. Never increasing our prices from 2001. To keep out of the possibility of bid. Because this was paying enough to live and pay bills for my father that I had. But couldn't cover my own. So I still do side jobs. Little maintenance projects for people and factorys mainly. By late 2013 owner was wide open. But I'm losing money. My haul trucks are sitting to long waiting to get loaded. Averaging 20 hrs of sit time per week. Per driver. Try to explain. The need for another loader. From the down time they have on theirs and pay to rent a replacement they spent more than a yrs payments where. It took til late 2014 to get a solution figured out. They where willing to pay me to provide a loader and operator. From previous experience the fine silica dust and calcified lime. They had just started to make from a new ductile iron line. That burned when it got on you. Made throat raw.sinus infection was a constant. This stuff was hard on equipment and on men. In the years we had run the particles are so fine and abrasive the average life span of our engines was 2yrs. The size loader it took to do the job and the amount allotted for the loader. Would allow me a 3 month warranty on a used piece of equipment. And take 3yrs to payoff. With high hours would it last in the dust 1 yr. Or 2 . Rebuild on engine no warranty was over $25k. Down time was a month. Rental was 10k more. And in the 3yr payment terms. This will probably happen twice. After discussing these items with owner. And the option of buying new loader getting warranty for 4yrs. Replacement loader if it tore up. Meant that it benefits owner and me in ensuring that operations would be reliable and if their loader went down this was to be used while it was in repair. The only problem was I had to buy everything from scratch to start job. 3yrs prior. I had one year on contract left. I stated to owner I'll do this. But I will need a 5yr contract same as those who do this job at your other factorys. Because I'm gonna need to refinance to make this work. I'll have to put a new loader on 6 year note to afford. And used equipment will only go 4yrs. But they are gonna want to know. Will I get a renewal. He said I totally agree with you. And I don't see why not.
Renewal time . Uh accounting says we have to bid this out. I'm like I bought and refinanced everything I had when I only owed 1 yr. To now I got 5 yrs left on a quarter million dollar loader. Plus 3yrs on Everything else. No response. After bid. Takes over 3 months to award to a new contractor. We get 2 weeks notice to leave. No other source of income except for the small stuff I do on the side. Ask how he beat our numbers that where based off wages and fuel of 2001. He's got new ideas. We where unaware that you wanted a cost savings bid. Why wasn't we approached by owner for our ideas on cost savings.
DID this qualify as a long term relationship contract. Shouldn't we be given more than 2 weeks notice. Well 20 days . Loss of wages 10 men. Lose their jobs. I have rolloff trucks. They are a specialty truck. Can't find a job for them every day. What am I to do with loader. Instead of having it all paid for and maybe owe 30k on a loader. I'm near half million.
New owners come in from China. More familiar with the new white calcium carbonate waste stream.
Tensions grow after my father had prostate check up in November scored perfect on the sample test. Changed insurance for Obama care new carrier makes him take another 4 months the later. High level 2 cancer. Hit a 13 on prostate test in 4 months. 2 weeks ago just prior to learning about contract. A friend comes over. I'm working on lawn mower he has a friend with him. Who has a lawn mower shop. We talking he say Jeremy says that you deal with that white calcium dust too. I said yeah where do you get into at. I work for a gas company on landfill other end of county. We collect the methane gas from underneath. Ahhh yeah local paper mill brings us 2 loads of that stuff everyday turns whole place white. I have to walk thru it about knee deep everyday going around striking the flares making sure they working right. Get all over everything and burns you up. Imake like yeah it does. CLR want removed this stuff from dozer with steam pressure washer. Have to scrape windows with razor to clean. Dang yeah it's bad stuff. Yeah it is
If you need me to work on that mower bring it over. I will soon as my buddy brings valve cover back. Needs a fuel pump. It's made into the cover. Yeah I got those if you don't find one. I need the extra money. I got a massive inch and a half kidney stone I just found out about. Got test to get run. Dang man.
I start reading and havent stopped on this stuff. It affects both areas prostate and kidneys. Start trying to find msds. We never recieved one. Learned that there are to be readings took at any and all locations that workers are exposed due to the silica in sand and dust and that which is in baghouse. This stuff falls out of dump truck bed/ rolloff and will mushroom cloud up 200ft straight up. To dump it you have to stand at th door to open it. It will flow 40-50 ft right out of box. Never warned of what it is no msds given. No air quality test taken from exposure locations. None ever. 1 operator from my fathers company been 3 yrs now on 20% lung function. Thought might of been smoking. But could be. Silica from pushing piles down for 6 yrs. Are all of my men at risk now. How do i keep health insurance home land. Lose it all again? Did Chinese know what to look for and ask for at this plant site since it was the only one running this type of new line. Heard of my fathers sickness. Made them bid it. One competitor bidder was told that we was gone when asked to bid it. He said i knew it was all you had. I wouldn't of ever turned one in had i known. So is the generator suppose to supply me with msds. With warnings and the effects it has on skin when wet. Have they realized this and not going to take readings. Should i get a longer notice. Should i get compensation for equipment. Do i have a case in Tennessee law. Who pays th cost of health bills other may have. I have 5 working days left at site. Pass on to ohers that may could help. For too thre -to hive thre- for bond 007 james text bond. I feel this is wrong but i feel its th right thing to do. You lose your health youve lost everything. Did new owners make our leaving a priority.***@******.*** thank you
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to hear that you have been victim of the poor economy and foreign business squeezing out the little guy. Unfortunately, it is not illegal for them to pus you out.
HOWEVER, if you received medical conditions in dealing with the product of the customer, you can seek compensation for those health issues by suing the company that you were contracting with for their hazardous materials in their facility and for not waning you it was hazardous. In the meantime, your insurer has to pay your medical bills.
You cannot sue them for not renewing the contract and putting it out to bid. They did not have to give you longer notice on that. Once the contract is ended they do not have to renew it.
You do have an option, which is to contact the new Chinese company and try to negotiate some deal with them to either contract through them or sell your equipment to them to at least try to save something of your business.

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