Damage caused by tree company, who is liable?

[Grouchy old man]

I dunno about this. No contract, a "he said/she said" and nobody was even home when this happened. I would want to hear the tree company's story before deciding this. For all we know the window was damaged all along or it was unavoidable. What I would do is not pay anything to the tree company. Instead, write them a letter stating your position and include a couple of estimates for the window repair. Make them come to you and give their side of the story then the two of you reach an agreement.

 

[harrybeaver]

Ok well that changes things, if you haven't paid them and there was no contract then you have some leverage, Either way it's shady what the tree co is doing. They should own up and just deduct it! Did that $800 include clean up or just off your house?

$800 to get the tree off the roof. No cutting beyond the minimal needed to do that, no chipping, or clean up.

 

[harrybeaver]

I dunno about this. No contract, a "he said/she said" and nobody was even home when this happened. I would want to hear the tree company's story before deciding this. For all we know the window was damaged all along or it was unavoidable. What I would do is not pay anything to the tree company. Instead, write them a letter stating your position and include a couple of estimates for the window repair. Make them come to you and give their side of the story then the two of you reach an agreement.

My wife was home the entire time the crew was out at the house and clearly heard when they broke the window, the owner of the tree company with whom she spoke to was not at the house. I can say the window was not damaged and no braches were directly touching the window before they started work. Further most contractors would be sure to note any damage that was apparent before they start work and make sure the customer was aware of said damage.
I agree there are always two sides to a story but as I mentioned the tree guy admitted they broke the window, that is not in question just who is responsible for the repair?

 

[Grouchy old man]

... the tree guy admitted they broke the window, that is not in question just who is responsible for the repair?

If they admited to doing it they are.

 

[Toddppm]

There shouldn't be any question at all. You have a pciture of the window not broken before they removed the tree and now it is. Their fault, their bill. Definitely take it out of what you owe them.

Doesn't sound like such a upstanding local business, the hacks are very good at using the ploy that -oh we worked for Mr. whoever and Ms. whoever right there and there.......all that means is the neighbors agreed to get some work done, maybe even some that wasn't needed or done correctly.

 

[TreeGuyHR]

Sometimes with storm damage, the trees services (or loggers) in the area have some leverage regarding damage, in that there is a whole line of people wanting trees off their homes and out of there driveways, and they may have to accept a higher level of damage or the work won't get done. I am not saying this is right, but it happens.

My in-laws had several cabins on a lake in upstate NY; around 10 years ago there was a "downburst" that hopped around the area, knocking over patches of trees on many properties. The only guys they could get were some local loggers who pulled trees (mainly big white pines) off of their cabins with skidders and then pulled them through the property in tree lengths. It was that way or no deal -- and more damage was done to the roofs and stone work than was originally caused by the tree fall (barked up a lot of standing trees as well). I thought it was bogus, but I was just the brother in law, and out of state.

Why did they do this? To get a higher price for the logs, because cutting them in shorter lengths would have introduced stain in the logs, lowering the price. I would have held them liable for the additional damage they caused (in a the contract) if it was me.

 

[Raintree]

Sometime damage is unavoidable in our industry. A reputable tree service should foresee this & inform the customer in writing to obviate liability. If unforeseen damage occurs the onus is on the tree service.

 

[MackenzieTree]

Tree co should have said to take it off the bill and been done with it

 

[woodchuck357]

The pic clearly shows a small tree, that any hack should have been able to remove

without causing more damage. A simple piece of plywood over the window would have taken away all chance of broken glass. Any one who would not have taken simple no cost precautions IS a hack, no matter how big their company is, or what their certifications are. You are what you and your boys do on ALL of your jobs.

 

[leeson]

Just wanted to say I'm sorry about your bad experience. The tree service absolutely should pay for your window, it's just the right thing to do.

I build the chance of me breaking something into each one of my estimates. If I saw that there was a 10% chance of breaking the window, I would have added $25 to the quote. If there was a 100% chance of breaking the window, I would have added $250. Then when it breaks, I just replace it. Simple as that.
I think it's absolutely unacceptable to stick you with the bill, and very unprofessional. I've never known a tree service to not take responsibility for their damage. Do they think they have license to be as wreckless as they want, break everything, and just say "tough luck", or what? Unbelievable.

If you end up getting stuck paying for the window, tell everyone you know about what they did and the bad experience you had with that company. Reputation and word of mouth can affect a local business drastically, and quickly. They'll definitely pay one way or another for treating you this way if you spread the word.

 

[treecutterjr]

They should Pay

if they broke it they need to fix it. Thats how it works.

 

[B Harrison]

Forget the lawyer. Call a contractor and then your insurance. There is probably other damage from the limb. If the insurance thinks the tree company was negligent then they will go after them. That's why you pay for insurance.

Agreed, that removal from your picture should have been very easy, I am not sure from just the picture but I am thinking theres no reason to endanger the window. In my experience if a window is at risk we purchased a piece of OSB $10-16 dollars and covered it up then proceed with work.

I do that a lot when sawing or removing concrete or brick.

Good luck getting that straitened out, and by the way you just need the glass not the window and on new windows the repair should take no more than 2 hours + any painting, just so you know. Vinyl in about 5 minutes after the glass is sized.