Client said it was their trees and road… Shit

[Serf Life]

Got that call I’ve been hoping to miss: all of the trees we cut along a 3 house dirt road for ditch work were on the neighbor’s property. Was told the exact opposite by the client and walked it with the sitework guy who has done all of the road work there. Lawyers on the horizon, fuck.

 

[Steve-o]

Who signed off on the work order?

 

[southsoundtree]

That sucks.

Wishing you luck.

Have you had contact with the owner?




My old contract had a clause that stated that the undersigned was the owner of the trees. Better get that back on the new ones in Jobber. Been lazy about it.

 

[Reach]

That may be a problem, though if the utility directed the location of the ditch, in PA you would be covered. I do hope you have a written contract with a signature by the homeowner or contractor for sure though.

 

[Dan Cobb]

Who called you? Client or the neighbor or someone else?

Surely someone here knows the general legal principles that apply. Seems like a tree service's due diligence would not include verifying a survey or having a survey performed to ascertain a tree's owner. If acting at the direction of a property owner, in the absence of anything that should be apparent to the average person regarding property boundaries, I think the neighbor has a weak legal case. Of course, that won't stop them from having an attorney draft a stern letter demanding a huge sum for compensation.

Keep us posted.

 

[Serf Life]

Day of project all verbal which is wicked rare. I worked for both owners same day, storm damage for guy with complaint then pushed back the road for the other folks as we were there and had time. Charged hourly vs quote, they are past clients… I’ve talked to both parties Southsound, good terms with both so hopefully they’ll keep me in the loop. Private rd Reach, no utility.

 

[ATH]

Have you asked "what needs to happen to make this right?"? I'd avoid " what do I need to do...". Maybe have that discussion with both neighbors there?

 

[Serf Life]

Have you asked "what needs to happen to make this right?"? I'd avoid " what do I need to do...". Maybe have that discussion with both neighbors there?

I’ve spoken to both parties and phone call tomorrow with the one at fault. Offered whatever needed doing and we’ll see what shakes out.

 

[moss]

I’ve spoken to both parties and phone call tomorrow with the one at fault. Offered whatever needed doing and we’ll see what shakes out.

Sounds like you've got this!
-AJ

 

[Boomslang]

Are we talking about a bunch of ditch weeds or mature trees? Not that it matters from a legal standpoint, but one is much easier to remedy than the other. Best of luck my friend.

 

[Serf Life]

Are we talking about a bunch of ditch weeds or mature trees? Not that it matters from a legal standpoint, but one is much easier to remedy than the other. Best of luck my friend.

Mix of them, all would be ripped/damaged by excavation.

The situation is now complicated as they didn’t have permitting for the work within shoreland zoning and I didn’t check, like a damn rookie. One dinky job and I made two rare errors that bit back. Just got off the phone with the Codes officer (who I am on very good terms with and I’ve done remediation plans for) and he’s been contacted. I’ll happily re-plant, eat the labor costs, and dig some trees. Really hope the neighbor doesn’t involve DEP and lawyers to make it more complicated!

Talked with the original clients and got more back story on the neighbor. He just had brain surgery and has been having memory lapses as well a history of butting heads with neighbors, clammers, and oyster farmers who work adjacent to them. Most drama in years, I’ve been lucky in dodging neighbor disputes and *almost* always check/document shoreland work; don’t slip up y’all, pls take my fuckup as a reminder.

 

[ATH]

Hopefully neighbor sees you stepping up to fix the problem and doesn't feel need to bring more complications to the matter. Most people just get really ticked and hire lawyers when they feel their concerns aren't being heard. Good luck!

 

[Boomslang]

Talked with the original clients and got more back story on the neighbor. He just had brain surgery and has been having memory lapses as well a history of butting heads with neighbors, clammers, and oyster farmers who work adjacent to them. Most drama in years, I’ve been lucky in dodging neighbor disputes and *almost* always check/document shoreland work; don’t slip up y’all, pls take my fuckup as a reminder.

Maybe you can convince him that he hired you to do it.

 

[evo]

Sounds like you are doing everything you can be doing. Only thing I can think of, is an after the fact signature by the party who hired you.
At the very least communicate in writing, email, or some format that can be read if it comes back in a finger pointing at you.

 

[Serf Life]

The saga continues.

 

[evo]

The saga continues.

I'm so sorry, call your insurance company right away and file a claim to tender duty to defend.

Get the parcel # of the property and dig up any easement documents and CCR's if possible.

Message me and I will give you some details of the crash course I'm taking at the moment, I have no clue if it would help in your state/county.

 

[Serf Life]

Thanks man, currently the fighting is between the neighbors (both are clients of mine) who hate each other. No attack on me and I’m on the same page as codes enforcement with what is needed for planting etc. I’ll definitely hit you up if shade goes my way. Tired of the drama between the neighbors more than anything and they’re both lawyering up. Infraction wise it is actually super straightforward paperwork and will be easy to plant and layout.

Update this morning was that all of the trees in and along the ditch were in the road easement, so the party that hired us was legally in the clear. According to road bylaws and their lawyers, who knows what the other folks’ lawyers are saying? On to the next placating correspondence. Heed this reminder tree sisters and brothers…

 

[evo]

That is great to hear.