Dumpsters and driveway damage

[NeTree]

I didn't read all of the replies, so excuse me if I'm repeating:

Ultimately, just because a company says they aren't responsible for something, doesn't mean they aren't. The driver is clearly responsible for the damages- even if the dumpster WAS overloaded. He should have known the best course of action would be to have the excess removed so he could properly retrieve it.

(Example: Most supermarkets have a few signs outside stating they aren't responsible for damages done by shopping carts. Really, this is meant to discourage people from trying. But if you push it in small claims, they have to pay. Simple as that. I speak from experience on this one. )

Xtra- I do the same thing with most of the crummy pine I get. Split it, and chip it, then sell the chips. Anything decent I can get out in log length goes to whoever will pick it up first.

 

[NeTree]

Thanks man.

I wonder who the clients holds responsible? I think most of my clients would listen to my story....but still feel I was at fault if for no other reason than that is was me that hired the improper dumpster co.

Dan

From the client's view, the tree company hired the dumpster company, so the tree company is at fault. If the client seeks immediate relief, the tree company should fix the driveway, and then seek reimbursement from the dumpster company, who is ultimately responsible.

 

[Xtra]

I think this may have been a new driver. The drivers in the past (there are two that usually pick up from me) always backed their truck into the dumpster as it loaded and never tilted the bed all the way up until the rear bar touched the ground. This was either inexperience or done on purpose? In fact I instructed the company to place the dumpster in the yard on the grass just so this sort of thing wouldn't happen.

I'm usually on site while they load. This time they had waited several days to pick up and I was out snowplowing at the time (weird, I was plowing when they dropped it off and picked it up).

As for overloading and two trips, it's all a wash, since sometimes they'll take a dumpster from the shop early with only a partial load, if they need it. I've known the company for many years (thru another company). Something's up this year, they even raised their price $100 this year. In the past I'd pay $300-350 for a 30yrd.

It's a shame I had to get rid of that pine (pitch pine) in a dumpster. There were about 7 that were 70'+ by 24" to 36" and pencil straight with only branches at the top 20'. In this area of NJ, mills don't want any residential trees (too many nails) and I don't think there is a market for milled boards with Home Depot or Lowes located every 15 miles.

Well, thanks for everyone's input, I gotta go and give some estimates.

And the homeowner will have his driveway fixed and it will be out of my pocket, I'm saving my insurance for only big mistakes.

 

[NeTree]

...then they're responsible for not properly training their *new* driver...

 

[glens]

And maybe it wasn't a new driver at all, but one who often has to deal with containers you overload.  His job is to arrive, pull a cable to the container, and winch it up onto the truck.  He should not have to climb into the container and throw material out first.

 

[NeTree]

...in which case I would've said screw that, and kept on truckin'.

 

[Ekka]

Hmmm very interesting.

Around here the Principal Contractor is liable and needs to rectify or pay for the damages and re-coup those from the sub-contractor who did the damage via a negligence claim.

You see, Mr Customer hired you, not The Dopey Dumpster Co, and only has to deal with you. What happens behind the scenes is not his problem. And as a professional you shouldn't be making it his problem, just fix it and sort it out with the dumpster company.

Imagine you were getting a house built by "The Best US Housing Co". Soon after moving in you found leaking plumbing, broken roof tiles, jamming doors and a light switch didn't work. You'd expect to just ring "The Best US Housing Co" and have it fixed wouldn't you? And how would you feel if they said, "oh no, you'll have to call the tiler, the plumber, the electrician and the carpenter contractors yourself and sort it out with them!

There's more to owning a tree business than cutting trees, you are ultimately held responsible for every ******, so choose carefully.