Wrong tree cut down

[tj4ndirish]

Ok, I'm new here, I don't know if this is where I am suppose to post this.

This may be more of a rant than anything else.

I have an oak tree in my backyard that is all of 60 - 100 years old, the house is about 60 years old, I'm sure the tree was there prior to it being built. I went home for lunch yesterday to find a tree service in my backyard. They said they were hired by the owner to remove the tree :jawdrop:I said that's funny I lease the house from the owner and he said nothing to me about the tree being removed.

Long story short, the owner of the tree company showed and nonchalantly said that "we cut the wrong tree down. The tree we were suppose to cut down was on another street with the same street number"

This tree had so much character and it now looks like crap. They stopped immediately. the owner of the house told me to tell them what I wanted to happen to the tree, which is now I want it gone and replaced with a new mature tree.

Guess my question is how much value does one put on a tree like this? What else should I ask for? I want the stump ground up, I also asked that they leave some limbs for me to cut up for fire wood. Of course because I'm not the owner, they aren't listening to me.

Thanks for listening to my rant.

 

[gink595]

Sounds like it's the owners decision/problem on what goes on.

 

[Ed Roland]

Guess my question is how much value does one put on a tree like this? What else should I ask for? I want the stump ground up, I also asked that they leave some limbs for me to cut up for fire wood. Of course because I'm not the owner, they aren't listening to me.

Thanks for listening to my rant.

Holy Smokes! When you hear the answer you will be astounded. Or more accurately, the owner of the tree service and his insurance provider will be astounded. Have a qualified plant appraiser out and stand back and watch the fireworks.

http://extension.tennessee.edu/publications/spfiles/SP614.pdf

 

[Maldeney]

Yeah I would say that someone is in deep :censored: over that one. Other than that the real question is what does the "owner" value his property at.

 

[lego1970]

As mentioned above it sounds like it strictly up to the home owner and the tree company unless your lease agreement were to state otherwise about your involvement in home and land improvement.

 

[treemandan]

Terribly sorry about that buddy. Our crews have had the same miscommunication and ended up at the wrong house and done things like that although I can't say I ever cut the wrong tree down.

I think this stems from guys who expect to much:
climber/foreman/somebody to run my crew.

It just blows my mind who will send out a misinformed crew and not expect the worst.

Got any pics?

 

[Maldeney]

Dan,

Sounds like you may be the guy to answer his question then. If that were to happen to you, meaning your guys accidentally cut the wrong tree done, what would be the consequence? Or whats more how would you try to make it "right" with the land owner?

 

[Ed Roland]

This could easily be a $50,000 mistake!

Try http://www.asca-consultants.org/ for a list of consulting arborist.

 

[treemandan]

Dan,

Sounds like you may be the guy to answer his question then. If that were to happen to you, meaning your guys accidentally cut the wrong tree done, what would be the consequence? Or whats more how would you try to make it "right" with the land owner?

I am one of those who asked " ARe you sure" a whole lot. Sometimes people get mad but...

What would I do if I did it? Oh that's simple. First, I would look to see if somehow I could blame another cause that makes sense. But if it really was my fault I would call my insurance company and say this:

"Yo, buttheads, get off yor fat asses and go fix it... NOW! "

Then I would drop my ins like a bad habit and go do something else for a living. sell all my gear too.

 

[ddhlakebound]

I'll admit to having cut the wrong tree once. Although when I was standing with the property owner doing the bid, I had my hand on the tree in question asking if he was sure he just wanted it "felled over the edge of the ravine". And informing him of the damage it would do the the border trees.

So I pretty much felt like I'd been set up to do a free replacement of the tree in question. It was a wild cherry, about 10" diameter and 35' tall, broken up from ice damage. A second wild cherry was about 10 yards away, and not in the owners yard. That was the one he alledgedly wanted removed.

I paid for the new maple replacement, and did the planting myself. Cost me a free cherry removal, stump grinding, cleanup and topsoil refill, purchase of tree, and hour of bobcat time (to move the replacement), plus my time and fuel. I guess $500 out of pocket and my time was reasonable to learn: Mark every tree in multiple removals in the presence of the owner.

I still feel like I got hosed, but it was my own fault.

This case will likely be a MUCH more expensive lesson for the company who messed up.

I'd begin photo documentation now, and have the property owner immeadiately contact the tree service to inform them of what they need to do to make things right.

I'd also file a police report to have the issue documented, and be asking for the liability insurance carrier of the responsible company, and contact them immeadiately.

Good luck, and let us know how this shakes out.....

 

[Maldeney]

I am one of those who asked " ARe you sure" a whole lot. Sometimes people get mad but...

What would I do if I did it? Oh that's simple. First, I would look to see if somehow I could blame another cause that makes sense. But if it really was my fault I would call my insurance company and say this:

"Yo, buttheads, get off yor fat asses and go fix it... NOW! "

Then I would drop my ins like a bad habit and go do something else for a living. sell all my gear too.

Truthful if nothing else. Thanks Dan

 

[lego1970]

We were doing a tree job, and a guy across the street walked over and asked my boss if we could take down this cherry tree in his yard because he hated the mess is made below. My boss said sure and while we were cleaning up the original job, he told our lead climber to go and fell this cherry across the street. I just happened to look over my shoulder and saw our lead climber drop this beautifuly shaped Mountian Ash, while the Cherry tree was still standing. The look on my Boss's face was freaking priceless. The bossman was pissed big time and the rest of the day nobody said a word and we all kept our heads down, never making eye contact. We tipped-toe around the boss for the rest of the week. The HO was mad, but didn't make a big fuss about it. Made us look bad and took down a Mountian Ash and Cherry for free, but otherwise my Boss escaped serious finacial damage. The climber was an awesome climber but he did like his smoke and I think that morning he might of been puffing a little too much.

 

[chemist]

Sorry to hear this. Cutting a good mature tree by mistake is a shame.

 

[blueatlascedar]

Guess my question is how much value does one put on a tree like this? What else should I ask for? I want the stump ground up, I also asked that they leave some limbs for me to cut up for fire wood. Of course because I'm not the owner, they aren't listening to me.

Thanks for listening to my rant.[/QUOTE]

You can call an urban forester to have the tree appraised and you'll be blown away at the value of a mature tree in a landscape. The tree service should be liable for cutting the wrong tree, but more than likely the owner of the property will have to make the move towards being compensated.
I used to work with an urban forester to help me evaluate trees damaged in storms, fires, car accidents, etc... it was mind boggling some of the figures he'd come up with, but they still would stand up in settlements. One example. A car lost control coming around a corner, goes into this guys yard and slams into an hickory tree, nothing special just a typical shell bark native to my area.The car caught fire and destroyed the outer bark of the trunk 15' up. It was 40' tall appx. 14" dbh and it appraised at $5,000.00. I was like :jawdrop: and he showed me because it was in sodded yard that it became a ornamental shade tree and then age factors in with height, width, etc. As far as firewood wood value it was worth $50.00. This is just an example from my area, but someone could really be hurt financially over a mistake like this one. I've seen some trees appraise for $25 K+ and I'm sure some go well over that.

 

[John464]

If it is not your property you have nothing to go on. It is up to your landlord to proceed further. Not your battle to fight. Inform your landlord of the situation and let he/she know you miss the tree.

 

[Toddppm]

The climber was an awesome climber but he did like his smoke and I think that morning he might of been puffing a little too much.

My first day on the job with the foreman where I started , he pulled out a pipe on the way to the first job. That day he cut down the wrong tree, broke some pool eqpt. in the process and took a cash job from a neighbor. He didn't last long after that. He sucked as a climber though, haha

 

[HorseShoeInFork]

Owner should get a lawyer and tear someone a new one. Even if the lawyer got most of the $$$$ it might be enough to put some lowlife lowballer who has no business being in the tree business out for good.

 

[Ed Roland]

It might have been an honest mistake made by a legit company with insurance. Cases like this help to raise the insurance rate for our industry all across the country.

No doubt there are many consulting arborist that wouldn't bat an eye over sticking it good to a legit tree company that made an honest mistake. Hell, I saw one the other day following a buss.......no doubt hoping it would run into a tree!

Bartender, I'll have what TreeCo's having... make it a double.

 

[treeseer]

No doubt there are many consulting arborist that wouldn't bat an eye over sticking it good to a legit tree company that made an honest mistake.

:drool:

O where is my violin?

O btw this IS the tenant's fight; owner said it was.

If the tree is mostly intact, then it could be restored instead of replaced.

see treeandneighborlaw.com; done by an OH lawyer

Please post pics.

 

[Ed Roland]

If the tree is mostly intact, then it could be restored instead of replaced.

The cost of cure could be quite steep as well.