OnDemand

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Bobcat Service Division

with-operator rentals, excavation services

Hold-backs and back-charges are both unacceptable.

Because we are not contractors, there is no risk to the property owner or general contractors with regard to potential claims against us for bills unpaid by suppliers and such for work on your site (ie a future lien), which is the primary reason for doing a hold-back in Ontario (in conjunction with the Construction Lien Act of Ontario). 

Typically a percentage of the final payment on a contract might be held back for a number of weeks or even a month or two in order to ensure enough time has gone by to make sure there are no claimants against the subcontractor or trades that they have hired and not paid, and hence a lien is placed against the property. 

Because we never hire subtrades or subcontractors nor ever supply any materials - our only supply being our own machine with operator, there is never a risk to you that there may be this potential future lien issue. 

Another possible reason why someone might be inclined to to do a hold-back might be in case some part of the project hasn't been completed or checked for accuracy, passing inspection or similar.  The fact is that we do not do anything by contract, agree to any terms that tie us in any way to a particular project, task or level of completion or standard, so this too is an irrelevant and non-applicable reason for enacting a hold-back.  As is always the case, the operator will present the bill, accept full payment and no less, right there on the spot on the jobsite, and then will commence to leave with his equipment, nothing short of that.

All customers, including you, will agree to this term as it is not only clearly spelled out on this site but also is printed on our work order agreeement's terms which is signed immediately upon our arrival on your site; you will under no circumstance attempt to do a hold backs. 

Along the same lines, all customers, yourself included, have agreed to our terms as laid out here and on the work order agreement, and accepted the fact that you recognize that as an hourly service that is working in your employ, you will not hold us responsible for perceived or real damages or costs.  You waive any interest in charging us (or back-charging against our bill) for any direct or consequential damages

For example, because of a later start time than had been hoped for, or a perceived “slower” operator, or a missed booking, you cannot send us the bill for an additional cost you incurred, such as the extra charge for a bin that had to be taken away empty, extra labour costs, construction delay costs, and so on.

This policy applies to all customers - regardless of payment type: applies equally to COD onsite or deferred-COD/account customers.

Secondary Service Policies - Expanded Details:

12. Hold-backs, and back-charges