OT: - Any landscapers/tree cutters here? | Page 2 | The Boneyard

OT: Any landscapers/tree cutters here?

I had a massive oak, two large crab apple trees and pesky wisteria that went through my garage roof all cut down, chipped and or removed for 1700.00 (no stump grinding). I felt bad for the guy because he had to bring an extra guy the next day because he admitted he low estimated the job so I gave the guy an extra 300.00 - he then hauled a bunch of old fence away for me.
Sometimes, now its more of the time, smaller independent guys will do it cheaper and better - they are struggling vs. the big boys.
I used Shamrock Tree Service-who I highly recommend.
I got cut a massive deal because I did it during a down season (January). The tree was 1200 and someone else came to grind the stump for 200. Getting rid of the stump guts was on me and kind of a pain. I loaded up probably 50 lawn bags which I was told were over the 50 lb limit for the town to take so I made about 8 dump runs in my father in laws tiny f150 but I digress (free of charge in lawn bags fwiw). Now I have the treat of trying to grow grass in the massive dirt spot left behind but oh well.
 
Tell that guy to pound sand for a few reasons.

1) he hasn't done the job you've paid him for - is red ass him about that and do it often.

2) removal was a part of it what you paid for

3) your gear breaks that's on you - it's a cost of doing business.

4) there doesn't seem to be a clause that state "if removal is necessary by equipment larger than traditional used homeowner will be invoiced for disposal at a rate of X".

I have friends that are in this business I'd be happy to ask them what they'd suggest if you'd like. They are in VT and work in southern VT, Western MA and albany area so their busy but I can probably get them to give me some advise.
 
It's not just the stump removal - he didn't even cut the two trees down.

It's not your problem that he was unable to perform the job as agreed. Chippers are a very inexpensive rental - he had options. (Spoilers....dumping a tree doesn't cost $850 either.)

He either owes you money or he owes you the additional work that has not been performed.
 
.-.
I used Shamrock Tree Service-who I highly recommend.
I got cut a massive deal because I did it during a down season (January). The tree was 1200 and someone else came to grind the stump for 200. Getting rid of the stump guts was on me and kind of a pain. I loaded up probably 50 lawn bags which I was told were over the 50 lb limit for the town to take so I made about 8 dump runs in my father in laws tiny f150 but I digress (free of charge in lawn bags fwiw). Now I have the treat of trying to grow grass in the massive dirt spot left behind but oh well.
at least it saved you money but sounds like a lot of time
 
Id cut the apple tree down for you and ram it up his wazoo for free. Aint your fault his gear is junk. I can cram 12 tons of demolition debris in a 30 yard dumpster for $850 (or less). They just tub grind wood, they aint landfilling it.
 
You didn't agree to any contingencies. In this case, it was his non-performance, so you can sue him.
 
You didn't agree to any contingencies. In this case, it was his non-performance, so you can sue him.


Couldn't sneak this edit in due to time:

Some years back, I had a neighbor's 80 foot tree crash my house after a freak wind storm to the tune of ~$12k damage - which the insurance company covered. I contacted a tree company to remove the rest of the tree - it had a Y-shape that began ~10 feet up, and one branch broke off. The estimate was for $1200 and he agreed to pay for the work. After the tree was removed, since he was not around - I paid the tree company. The neighbor then reneged now claiming the tree was half mine due to property lines. He gave me $600 and a letter of explanation. After a few frustrating chats, I took him to small claims court ($35 fee) on breach of contract. The judge ruled that he did reneg on his original agreement (letter was proof), and ordered that he pay me the $1200 - plus interest since I also claimed I was financing his obligation.
 
Size him up. If you think he's the type of guy to take to court, pay. If not, tell him to beat it.
 
If your initial post stated that he did not complete the agreed upon work I apologize. Next question: is there a signed contract, work order, anything? It would be very helpful to know this.

If he is a licensed contractor (in the future please only consider using one) you can fie a complaint (if he wants to keep his license in good standing he'll resolve the complaint). If he isn't, there are other means to resolving this but most would likely end in small claims court.
 
.-.
I had a massive oak, two large crab apple trees and pesky wisteria that went through my garage roof all cut down, chipped and or removed for 1700.00 (no stump grinding). I felt bad for the guy because he had to bring an extra guy the next day because he admitted he low estimated the job so I gave the guy an extra 300.00 - he then hauled a bunch of old fence away for me.
Sometimes, now its more of the time, smaller independent guys will do it cheaper and better - they are struggling vs. the big boys.
A really big oak alone for 1,700 is a pretty good deal. Big take downs of large oaks and maples, especially near a structure, can easily run 2,000 plus. I have a huge oak, right next to my house along with two big maples all of which need to go. I have been getting prices for two years mostly because I can't get anyone to call me back sometimes even after they've given me a quote. The oak is enormous. My best quote so far is 2,300 to drop it, cut to fireplace lengths and chip/remove the brush. That tree will yield 3-4 cords of firewood easy. Still looking for someone to actually call me back to take it down though.
 
What I assume you are looking for here is for this yahoo to come back and finish the job without you having to put forward more money.

My experience (significant) in these matters leads me to believe that you have a good chance of getting that result, if you are thorough and persistent.

Start with this - the governing law in CT appears to be the Home Improvement Act. Landscapers appear to fall under the Act. That act says, in part, that all contracts must be, "(1) be written, (2) signed by both parties, (3) include the entire agreement, (4) be dated, (5) identify the contractor and state his address, (6) include a notice of cancellation rights, (7) include starting and completion dates, and (8) be entered into by registered contractors or salesmen."
If he tries to enforce a "dump fee" provision, then it appears he's in plain violation of the law. If he doesn't finish the apple trees (assuming that's in the contract), then he's in plain breach of contract. Him trying to get you to not insist on the apples getting removed as a set off to the dump fee is a violation of state law, it would seem.

If you don't want to go to court, my advice is to read the link I've added at the end of my post, learn what there is to be learned, threaten them in writing that you'll go to the AG with a complaint, file a civil action (even if you won't), and go to the DA to press criminal charges. Stay on them and don't let up. If you don't have his "I need 850 more in dump fees" in WRITING or on a voice message or text, GET IT prior to doing anything. It's never about the truth - it's about what you can prove. You telling the AG or DA that, "he said this" has little weight. You showing an email or text showing that blatant extortion is powerful. If it ends up going to court, I can give you some general guidance.

Be advised - not legal advice (I'm listed as "inactive" on CT bar roll).

Home Improvement Act
 
@MadDogRevival ...is there a Massachussetts version of that law? temery is a masshole.

I mean, he lives in Massachussetts. My apologies to temery.
 
at least it saved you money but sounds like a lot of time
When you're a young peak physical specimen like me it's all about doing a little extra labor to save money. By peak physical specimen I mean that when I lay on my back my stomach looks like a mountain peak.
 

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