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Missed service because a car was blocking the unit: who is responsible for the fee?

Marcus B.asked 0 viewsDelivery, Placement & ServicingMissed serviceTruck accessResponsibilityService visitContract

The driver for my rental company showed up for our weekly service visit but couldn't pump our standard portable toilet today. A subcontractor's truck was parked right in front of the unit, blocking the truck access. We're on a six-month residential rehab project with one standard unit on a gravel pad about 20 feet from the street. The driver left a note and left. This is the first time it's happened.

My contract says they charge for a missed service if the unit is blocked. I'm annoyed because it wasn't my crew's vehicle. Is the subcontractor on the hook for this fee, or am I as the general contractor ultimately responsible? Should I be getting a credit for the service I didn't get?

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Luis A.Bozeman, MT

You are responsible for the missed service fee. Your contract with the rental company makes you, the general contractor, accountable for ensuring truck access to the standard unit on every service visit. It does not matter whose vehicle blocked the unit. The rental company dispatched a driver and a vacuum truck, incurred labor and fuel costs, and could not complete the service due to an obstruction at your site. That is a billable event under standard industry practice. You will not receive a credit for the service you did not get because the company performed its obligation by showing up. Address the parking issue with your subcontractors immediately to prevent future fees. Consider marking a clear no-parking zone around the unit with cones or signage.

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