Will she make it? Red oak appears to be dying after new build

I feel a bit sorry for the builder having to retain the tree and build a house practically on the buttress roots.

Have it out and plant another further away.
Circle of life and all that.
Yeah we aren’t looking to lawyer up. Hopefully they will help us out with removal and redoing landscape. Maybe give us cost so we can get a new tree. I believe it was a condition to keep the tree from the previous owner of the house they tore down. Our house was a spec, we didn’t own the lot prior.
 
Yeah we aren’t looking to lawyer up. Hopefully they will help us out with removal and redoing landscape. Maybe give us cost so we can get a new tree. I believe it was a condition to keep the tree from the previous owner of the house they tore down. Our house was a spec, we didn’t own the lot prior.
I'm not a lawyer...but where is your case if it was spec built? Unless they included the landscaping in the warranty... I was under the impression you custom built and specified the tree was to be retained.
 
I'm not a lawyer...but where is your case if it was spec built? Unless they included the landscaping in the warranty... I was under the impression you custom built and specified the tree was to be retained.
And if the homeowner approved the plans that appear to be a death sentence for the tree, he may have accepted some/all liability in the absence of an expressed warranty. (Guessing.)
 
I'm not a lawyer...but where is your case if it was spec built? Unless they included the landscaping in the warranty... I was under the impression you custom built and specified the tree was to be retained.
Well it’s tricky. It was going to be a spec bc the lot had been sitting. The builder is a custom builder. They had a floorplan approved by city but hadn’t broke ground so we signed contract with the builder and got to pick everything out but not change the floorplan. Does that make sense? If you read the above comments you’ll see someone was referring to a code they believe was violated bc the tree was included in all plans. Regardless, I already said we don’t plan to sue.
 
Now I'm curious. Does someone know if it's possible to comply with the ANSI standard, given the location of the tree and house?
 
Yep. From his tree, not ours. Our neighbor who doesn't do anything to maintain his home or yard. We pay to have his leaves removed in the fall. We tried to move the branch for him but it's too heavy. No telling how long it will sit there or if he'll ever do anything about it. The base of his tree is cracking and it's about to split and fall on his house :(
removing your neighbors leaves is a diservice to everyone. leave the leaves.
 
Since the home is still under warranty, I would pursue builder to have tree removed. It's got a pretty good lean so it may have had root problems long before construction started. Tearing down a previous home certainly didn't help things. Tree preservation specs or not, I think it's reasonable to ask the builder to step up and get it removed. Any pictures of the tree before the build?
 
removing your neighbors leaves is a diservice to everyone. leave the leaves.
Since the home is still under warranty, I would pursue builder to have tree removed. It's got a pretty good lean so it may have had root problems long before construction started. Tearing down a previous home certainly didn't help things. Tree preservation specs or not, I think it's reasonable to ask the builder to step up and get it removed. Any pictures of the tree before the build?
Here are two pics from beginning of construction…
 

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Here are two pics from beginning of construction…
I can only guess at what analysis was done by an arborist and the builder prior to construction, so I won't even try. I would read your contract carefully for anything regarding the tree, which I' sure you already have. You're doing the right thing getting a certified arborist out. This is interesting. Please continue posting updates on this. I'd like to know how this ends.
 
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This picture...the circled area...what is that white/cream colored at the bottom? Maybe something in the foreground not on the tree???
 

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