Need Advise on felling tree, Botched Contractor Job

[chilipeppermaniac]

1) Can you sue someone in this profession without a paper trail?

YES you can possibly sue. To do so, you would have to locate the responsible party. I think it would happen in small claims court type scenario, or depending on $$$$ amount, civil court.

BUT, I should ask, how did your parents find out about this particular "contractor"?
Just some guy in a truck knock on their door, mailbox/door knob fliers, friend referred, does mom and dad know if they had a company signage on their vehicle, type of vehicle etc?

I'm asking in order to try to ascertain ways to track them down if that is even possible.

 

[James Sawyer]

I suggest call a legit Arborist that tree could go at any moment. If it was me I'd using a throw ball and pull a arborist rope in (not Home Depoe rope) and anchor to a solid point. Better yet two points holding the tree in vee direction of desired of fall. A good Arborist would if possible pull that tree if the right Anchor conditions where there. Or use a Bucket truck once the tree is properly anchored I would think would be the safety way to go. I would not do anything with that tree without it being anchored. I'm surprised the tree isn't in the power lines...scary that tree has no hinge amazed it still standing.

 

[lone wolf]

In my initial reading of the OP, I immediately thought his parents may be elderly and got scammed.

In hindsight, they got scammed, elderly or not. Unfortunately the scam left a dangerous condition.

Those people that did this need to be reckoned with.

 

[JRM]

Dang, hard to believe someone would walk away from a tree like that. It says a lot about his character!
I'd bet once that tree sat back on his bar he realized he made a critical error, and bailed. I hope you get it down before it comes down on its own.

 

[lone wolf]

Parents hired a contractor, paid full cash up front - no paper trail. Contractor left job in a ?possibly? hazardous state as a sabotage (see pictures). I think this is sabotage as remaining branches are pointing in direction of power lines (away from fell line), and cuts are made towards the street with fell cut made below the bore Notch cut. Contractor no longer picking up phone.

1) Can you sue someone in this profession without a paper trail?

2) What's the best/safest way to finish felling the tree? SWIM discussion. Need details - my opinion is to go up with a hand saw to remove the two branches pointing at the power lines, then rope, wedge, and cut a new fell line with a chainsaw on the ground.

Thoughts?

Call the police and ask what charges can be brought . Might be fraud or theft by deception.

 

[JRM]

Call the police and ask what charges can be brought . Might be fraud or theft by deception.

Or reckless endangerment! The tree may not be massive but could no doubt put someone in harms way.

 

[lone wolf]

If that tree falls and causes damage to the wires the people who cut it will have a hell of a bill to pay .

 

[lone wolf]

Or reckless endangerment! The tree may not be massive but could no doubt put someone in harms way.

I only hope they can find who did this . Any security cams at thew house OP?

 

[Mad Professor]

I'm no pro but been felling trees since a kid. What that idiot did is scary and criminal.

I suggest call a legit Arborist that tree could go at any moment. If it was me I'd using a throw ball and pull a arborist rope in (not Home Depoe rope) and anchor to a solid point. Better yet two points holding the tree in vee direction of desired of fall. A good Arborist would if possible pull that tree if the right Anchor conditions where there. Or use a Bucket truck once the tree is properly anchored I would think would be the safety way to go. I would not do anything with that tree without it being anchored. I'm surprised the tree isn't in the power lines...scary that tree has no hinge amazed it still standing.

I think what James suggested would have worked fine. Get a couple anchor ropes on it , and a bull rope to pull it with a winch, before touching the tree with a saw.

 

[Del_]

I bet the guys that did that don't even have a business license, they have no assets to go after, they have had lots of run ins with the police over the years, that there is zero chance of recovering money already spent, that there is zero chance of recovering money about to be spent to correct the situation presented.

To call them 'tree guy's is an insult to 'tree guys'.

Hopefully that tree is safely on the ground by this time today.

Thieves.


.

 

[bovander]

Definitely get an experienced contractor asap. Without seeing the tree in person any advice is pure speculation. If they are a licensed contractor yes you can sue. You need their license number or name and address. You can look it up on the state contractor search. https://ohio.licensesearch.org/contractor/
A verbal contract is binding and money was exchanged so there was consideration. There is no doubt that they agreed to take the tree down. Their bond can pay for the contractor and your legal fees, if they are licensed, you can serve them and you prevail in court. You will need to pay out of pocket and the bond will reimburse you. Best talk to an attorney. Generally it's not worth it unless you are over many thousands of dollars

 

[ATH]

Definitely get an experienced contractor asap. Without seeing the tree in person any advice is pure speculation. If they are a licensed contractor yes you can sue. You need their license number or name and address. You can look it up on the state contractor search. https://ohio.licensesearch.org/contractor/
A verbal contract is binding and money was exchanged so there was consideration. There is no doubt that they agreed to take the tree down. Their bond can pay for the contractor and your legal fees, if they are licensed, you can serve them and you prevail in court. You will need to pay out of pocket and the bond will reimburse you. Best talk to an attorney. Generally it's not worth it unless you are over many thousands of dollars

A) What is this contractor license you speak of? The locality may require one, but there is no state requirement.
A1) What is this bond you speak of?
B) Statue of frauds says if the job was more than $500, a verbal contract is NOT enforceable.

 

[singinwoodwackr]

Is it down?

 

[EchoRomeoCharlie]

It's not that tall...if there's room to fell it where it's aimed (which...seems like there would be considering there are felling cuts made that way), just get a rope in it and pull it over. If it's in the street, clean it up quick or drag it off.

 

[fishdrivel]

Definitely get an experienced contractor asap. Without seeing the tree in person any advice is pure speculation. If they are a licensed contractor yes you can sue. You need their license number or name and address. You can look it up on the state contractor search. https://ohio.licensesearch.org/contractor/
A verbal contract is binding and money was exchanged so there was consideration. There is no doubt that they agreed to take the tree down. Their bond can pay for the contractor and your legal fees, if they are licensed, you can serve them and you prevail in court. You will need to pay out of pocket and the bond will reimburse you. Best talk to an attorney. Generally it's not worth it unless you are over many thousands of dollars

There is no way in hell a licensed or bonded contractor would have done this.

These are ?fly-by nights"
It is a civil matter. With no contract, they may be able to say they did what they were paid to do.
An attorney can only charge you for his time on the call. He can't take the tree down but he can spend a lot of your money.
Learn from the situation. Hiring a bad attorney is the same mistake as hiring the guys that took the money and ran!

 

[bovander]

A) What is this contractor license you speak of? The locality may require one, but there is no state requirement.
A1) What is this bond you speak of?
B) Statue of frauds says if the job was more than $500, a verbal contract is NOT enforceable.

A) What is this contractor license you speak of? The locality may require one, but there is no state requirement.
A1) What is this bond you speak of?
B) Statue of frauds says if the job was more than $500, a verbal contract is NOT enforceable.

My Bad I did not notice this happened in Ohio. In Oregon and Washington where I operate Tree services are required to have a contractors license, liability, insurance and bond. Written contract is only required over $2000. I don't know what the laws are in Ohio in this regard.

 

[singinwoodwackr]

So…is it down?
simple question…
were any animals killed or injured? People?
just curious…

 

[LBF]

Yikes! Like everyone else, I hope it’s safely down by now. I’m not a professional arborist by any means and I know better than that hack job. Definitely not safe to do anything but get a rope in it with a throw line. Either one or two to pull it, or a couple to hold it to be able to chop it down with a bucket truck.

Not sure how things are in Ohio, so I can‘t really say what could be done legally about it. Cash and word of mouth are kinda hard to prove unfortunately. I know PA requires contractors to be licensed, not sure if arborist work falls in that here or not, but I know someone doing work without the license can get in some hot water.