property damage after the fact

[earthmover]

ok, i did a tree job in early july 08, it was a good size oak in a backyard going over an above ground vinyl pool. we were rockin this job, everything was going smooth as can be. towards the end, when we were turning a limb, the rope got out of my hands and the limb came down with some speed. the tips of the limb hit the ground, and the butt end with the rope tied to it, layed right on the edge of the pool, bent the railing a little and popped the liner out of its sleeve a little. so i pop the liner back in place, and all that needs to be done is to bend the railing back into place, there were no leaks or anything. the home owner, saying he is a car insurance agent wants to do the "right thing" and calls a pool company to come by and look at it and to ensure its sound. the guy comes by, looks at it and says everything is alright, the customer pays me and we go on our way. now, 7 months after we did the job, he calls me saying there is a leak in the pool and some other issues from where the limb hit and he called another pool company and he asking me to pay him $1500 to fix it. i don't feel that i am responsible to do this, especially since the other pool guy said it was fine and everyone agreed, he even payed me for a finished job. i have no intentions of paying this and will probably let him take me to court. my business is an s-corp based out of virginia. what do you guys think?

 

[tree MDS]

How did the rope "come out of your hands"??

Not enough wraps, or did you forget why you wer holding it??

 

[mckeetree]

ok, i did a tree job in early july 08, it was a good size oak in a backyard going over an above ground vinyl pool. we were rockin this job, everything was going smooth as can be. towards the end, when we were turning a limb, the rope got out of my hands and the limb came down with some speed. the tips of the limb hit the ground, and the butt end with the rope tied to it, layed right on the edge of the pool, bent the railing a little and popped the liner out of its sleeve a little. so i pop the liner back in place, and all that needs to be done is to bend the railing back into place, there were no leaks or anything. the home owner, saying he is a car insurance agent wants to do the "right thing" and calls a pool company to come by and look at it and to ensure its sound. the guy comes by, looks at it and says everything is alright, the customer pays me and we go on our way. now, 7 months after we did the job, he calls me saying there is a leak in the pool and some other issues from where the limb hit and he called another pool company and he asking me to pay him $1500 to fix it. i don't feel that i am responsible to do this, especially since the other pool guy said it was fine and everyone agreed, he even payed me for a finished job. i have no intentions of paying this and will probably let him take me to court. my business is an s-corp based out of virginia. what do you guys think?

That is kind of a tough one. First off I would not consider working for him again. To make this go away maybe offer $750.00 to settle it but get a release. If it has been less time than provided in the statute of limitations you will most likely lose in court.

 

[Bigus Termitius]

How did the rope "come out of your hands"??

Not enough wraps, or did you forget why you wer holding it??

Careful, he might think you mean that he should've wrapped his hand.

EM, what's you experience? Were you doing this work on the side? Are you a full time tree service, or just do an occasional "tree job?"

If I damaged someone's pool, I'd pay for the repairs, even seven months later as long as they showed me how it was a result of my mistake/ prior damage.

$1500 shouldn't be a bad hit if you do this even part time. It would give me a clear conscience and serve to avoid bad rep. That's priceless.

 

[TDunk]

I'd at least go there and take a look for myself with a pool guy (of your choice) and explain to me why it took seven months to start leaking. Being in Virginia, i'm sure it's pretty cold there this time of year. Everybody up here drains there pools before winter to prevent the liner from splitting. If he didn't drain the pool and it split, and the pool guy he called is crooked................ But i'd try to keep it out of court though either way. Go look at it, if it seems lagit, then you'll have to pay him something.

 

[AOD]

Pictures, pictures pictures!

Whenever something like this happens you gotta take pics right away to document the damage and protect your ass. That way you have proof of EXACTLY what you broke and how badly it is damaged that you can use in court if need be.

If it took 7 months for him to notice the leak it can't be that big of a leak. Don't most vinyl pools leak a little anyway, or is he just saying "its never leaked before". I always love it when someone says "It's never/always ______ before" Just beams arrogance to me.

I smell something stinky with this situation.

 

[brushbandit]

If you have liability insurance and you don't use it alot you can just turn it in to them and pay the deductible, I assume that's $500. So the worst case for you is $500 and you can let the insurance company fight with client. You got paid for the job so it's basically a wash for you. I wouldn't want to get into a pissing contest with the client and the newly found pool guy as to fault and everything else, let the Ins. comp deal with that. If you don't have liability insurance you shouldn't have been there in the first place.

 

[treeseer]

$500 deductible makes for a high premium.

talk to the first pool guy and document his all-clear so you have grounds to fight the charge. I would not pay unless i was rocksolidsure i was at fault. PR is nice and all but $1500 is a whole lot of money to me.

 

[brushbandit]

$500 deductible makes for a high premium.

talk to the first pool guy and document his all-clear so you have grounds to fight the charge. I would not pay unless i was rocksolidsure i was at fault. PR is nice and all but $1500 is a whole lot of money to me.

Good luck on getting the old pool guy to get into the middle of the new mess. Earthmover said he was rockin the job but it sounds more like he was rockin the pool.

 

[Dadatwins]

Did you get anything in writing from the first pool company saying that everything was OK? Did you get the customer to sign a release that everything was OK? Any pictures of the incident? Documentation is everything, if it is not in writing it did not happen. Another point is we had some pretty cold weather in VA lately that we have not had in a while, could that be the cause of the damage and he is trying to get you on the hook for it? I would also check out the situation better before stroking a check or calling my insurance company. Good luck.

 

[Toddppm]

I would look first but turn it over to the ins. co. If he's playing games he would drop it pretty quick if he's facing fraud charges for something you didn't cause.
$500 is not bad, my deductible is $1000 but I'd still turn it in if I thought he was trying to get over on me.

 

[tree md]

Wow, how are you guys getting a $500 deductible? Mine is a grand.

I would check it out and make sure it is in fact leaking where you damaged it and if so I would make it right. If it is leaking where the limb hit the pool I don't think you would have a leg to stand on in court and paying for the damages would be the right thing to do (if it is in fact leaking as a result of the limb).

I wouldn't use my insurance unless I absolutely had to. I have had some minor damages before and paid for them out of pocket because I want a low premium as well as a good record. The worst I've had to pay for is a sliding glass door at a condominium complex that shattered when a stump grinder threw a rock. Cost about $280 but I gladly paid it and handled the repair without having to turn it into the insurance company. I would be willing to pay the $1500 if I was at fault in order to keep from having to file a claim and to keep a good name. Your reputation means a lot in this business.

 

[squad143]

there is a leak in the pool and some other issues from where the limb hitQUOTE]

What are the other issues? I would not decide on any course of action until I spoke with and examined the homeowner's complaint.

One thing is for sure, YOU dropped a limb on his pool.

"bent the railing" Do you mean the fence railing or the coping of the pool?

 

[treeman82]

A few years back I installed some mulch for one of my cousins around their pool. Later on a pool company came in and said that they needed a new heater (several thousands of dollars) because I put the mulch too close. Well they got a second opinion and it wound up being nothing, just a greedy pool guy.

 

[teamtree]

If you caused the damage then you should pay. Just because one guy tells him it was ok but then finds out that there were problems is not the customers fault, they did not tear the pool up. Sounds like you both got some bad advice from the first inspector. At the end of the day your error cost you.

It sucks....and I feel for ya.

Lesson learned....you should have him sign off on the damage when he paid the invoice. While it seemed minor and it was not going to turn into something bigger, there is always the "exception" and things get ugly.

 

[Slvrmple72]

What did you guys do scare him off?

Earthmover, this sounds shaky. If it is an above ground pool with a vinyl liner and you didn't buckle the support panels but just popped the liner lip out of its seating groove then I think he is trying to get a new liner+ installation out of you. Did you have him sign off on your contract that everything was satisfactory and any and all issues resolved? Did you have a contract? If not, your only ace in the hole is the pool guy who okayed the pool in the first place. Photos! Anytime you hit something you should take photos. When you go out there get a pool guy with you ( ideally the one from before, he shouldn't be busy!) and get photos. This is part of the learning curve so be ready to eat it, either out of pocket out of court or in court. Hey, at least you didn't drive a bulldozer into the pool or something.... but that's another story and worth at least a few beers

 

[tree md]

I'm wondering if reading this post is some kind of omen or something. I got a call from a lady yesterday saying she wanted me to come look at a big old Sycamore that is right next to the pool they are having built. I made it there around 5 after I finished the job I was doing, as it was on my way home. Brand new pool has been dug and nearly finished, There is a 3 foot ditch around the pool with 3 or 4 pieces of PVC set vertically in fresh concrete on the side where the tree is. The tree is directly over the pool and there is a privacy fence and a heavy wooden children's Jungle gym on the other side. As it is I am going to have to lower every limb and block the trunk down. Everything is going to have to be lowered. Why don't these people call before they do construction??? :bang:. She could have saved a lot of money by calling before hand. Now it's going to cost her plenty indeed.

 

[Slvrmple72]

The impetuousnes of the heart often overrides the sound reasoning of the mind.

 

[treemandan]

QUOTE=Slvrmple72;1344912]The impetuousnes of the heart often overrides the sound reasoning of the mind.[/QUOTE]

:agree2: dam that pesky impetuous heart!

 

[treemandan]

If you caused the damage then you should pay. Just because one guy tells him it was ok but then finds out that there were problems is not the customers fault, they did not tear the pool up. Sounds like you both got some bad advice from the first inspector. At the end of the day your error cost you.

It sucks....and I feel for ya.

Lesson learned....you should have him sign off on the damage when he paid the invoice. While it seemed minor and it was not going to turn into something bigger, there is always the "exception" and things get ugly.

That's true. But what is this talk of leaking pools in the dead of winter?
If the guy had it fixed before the guy who broke it had a chance to look at it then the guy who broke it is off the hook.
When your car gets damage doesn't the ins co have to see and inpect the damage first? Yeah I thought so.