timber....thanks AS

[treevet]

Couple of weeks while taking off a large dead limb on the bottom of a giant oak that is on the border, I noticed a significant crack in between 2 leaders. The tree is owned by 2 people being on the border so I photographed the split (enclosed) and gave the picture with a price quote to both parties.

I also phoned my insurance agent to ask if this work would still be covered in the event it occurred in the hurricane we had just over a year ago. The answer was affirmative and I passed that on to both owners. It is not a co dominant situation so my take is the hurricane caused it to break this stronger crotch.

Well, here it is about 2 weeks later and nothing has been done. Not as much concerned with getting the work as with no one getting hurt. Don't even think I understated the danger involved with this situation as one side has what seems like a small day care sometimes and the other side has traffic from the rear of the house into the garage where the 2 leaders WILL fall sometime in the near future.

Just like in the thread title, "Thanks AS" for the ability to document this extreme hazard and date it as I am at a loss as to how to do it otherwise and show I have recognized it and notified the appropriate individuals

. The crack is not visible from the ground.

 

[treevet]

 

[treevet]

 

[treesquirrel]

One thing is for sure. If that breaks and falls on someone it ain't gonna buff out.

They need to address this soon. I'd even consider sending them your assessment certified mail just so in the future they cannot claim you did not stress the hazard strongly enough when someone gets killed.

Good luck.

 

[treevet]

One thing is for sure. If that breaks and falls on someone it ain't gonna buff out.

They need to address this soon. I'd even consider sending them your assessment certified mail just so in the future they cannot claim you did not stress the hazard strongly enough when someone gets killed.

Good luck.

Thanks treesquirrel, but how you gonna prove what was in the cert. letter as content. I think this post does it but I may take your advice too and have the assessment notarized as well.

You'd think money would be no object as far as injury.....but money will def. be an object as far as damage as both garages will likely be totalled.

 

[treesquirrel]

Thanks treesquirrel, but how you gonna prove what was in the cert. letter as content. I think this post does it but I may take your advice too and have the assessment notarized as well.

You'd think money would be no object as far as injury.....but money will def. be an object as far as damage as both garages will likely be totalled.

I would go ahead and get it notarized.

"You can lead a horse to water" as the saying goes....

 

[Toddppm]

To send a certified letter you have to use the post office label that has a unique number for each one and notate that number in the letter. We used to send lien notices certified before we auctioned off proerty and this was how we covered ourselves.

 

[pdqdl]

Don't sweat the liability issue so much. Give them your recommendations, ask them to sign a copy indicating that they got your estimate, and don't worry about it.

In the event of a catastrophe, the lawyers will see that you exercised due diligence, and they will run like rabbits to the next best lawsuit. The case would be unwinnable, since trees falling on houses are mostly considered an act of god anyway. You gave them advance notice of the problem, the owners declined your offer, and you are worried about a lawsuit? I don't think any judge would make an unfavorable ruling just because you couldn't prove absolutely beyond any conceivable doubt that you notified the owners about the problem.

How often have you been sued?

You are probably at much greater risk of catching a frivolous lawsuit for a tree that the owners did what you suggested, rather than ignored your advice.

 

[treevet]

Yeah you are both right. Can't go to far to CYA.

Last week we spent a whole week on a prop. clearing for an extensive addition and patio, etc. area.

After clearing everything the homeowner says, wow, look at that big dead tree. That could hit my house. I said yeah, I have been telling you that for 5 years that it has been dead.

She likes to keep dead trees in the woods for wildlife and to watch. But this tree, a hundred foot dead ash, came out of the creek bed down a ravine and was somewhat softened as to the hazard by the woods we cut down and the low stance of it even though it towered forty feet over her house with big wood that would have caved it in.

She says to take it down at this point. So I bean bagged it from the nbor's property almost at creek level 40 or so feet down the embankment. The tree had a lean towards my client's house.

I sent up a half inch line into a major crotch and we were able to hook it up to the 4x4 PU in the nbor's drive to pull it down the creek bank. The plan was to tension the line with the pick up and then go into the creek bed and notch and back cut while the other guy cut (me ofcourse).

Well I began to tension the line and it is pulling through undergrowth smaller tree's branches and just as the line straightens out and snugs, the whole 30" dbh tree breaks in half at about 50 feet.

We are both dumbfounded, never seen that happen before and most of the big wood fell right at the base of the tree in the creek bed where the cuts were to be made.

What kept that tree up I have no idea but from now on if I am leaving dead trees on a property I am gonna get a waver signed and take pictures.

I would have definately climbed that tree when I was younger.

 

[treevet]

Don't sweat the liability issue so much. Give them your recommendations, ask them to sign a copy indicating that they got your estimate, and don't worry about it.

In the event of a catastrophe, the lawyers will see that you exercised due diligence, and they will run like rabbits to the next best lawsuit. The case would be unwinnable, since trees falling on houses are mostly considered an act of god anyway. You gave them advance notice of the problem, the owners declined your offer, and you are worried about a lawsuit? I don't think any judge would make an unfavorable ruling just because you couldn't prove absolutely beyond any conceivable doubt that you notified the owners about the problem.

How often have you been sued?

You are probably at much greater risk of catching a frivolous lawsuit for a tree that the owners did what you suggested, rather than ignored your advice.

Being in any suit can be costly even if you win it. There are a lot of unemployed lawyers out there that is why you see them on commercials on television every other commercial when in the past it was considered unethical. Anybody can be sued for anything.

I am not worried now that I have posted this.

 

[treemandan]

That tree was spiked to hell in the past. I was thinking the crack was due to being girdled by rope or something.

 

[jefflovstrom]

Your pics say the fact, show them those pics and add them to your cert. mail.
Jeff

 

[treevet]

That tree was spiked to hell in the past. I was thinking the crack was due to being girdled by rope or something.

You won't likely find many oaks in this town or any town for that matter that are that old in a town without spike marks.

It was almost definately from the hurricane (the crack) and likely could be proven by a autopsy/dissection if need be (of the limb).

 

[jomoco]

I think what you're doing here in this thread is unethical because you are posting pics of a client's tree prior to correcting the danger. It could almost be viewed as a minor new form of internet extortion by posting hazardous pics of clients trees without their informed consent, particularly as a paid consultant.

Could backfire on you big time depending on how well connected your client is TV.

Are you really certified enough to pull this high pressure sales job off?

jomoco