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Property Damage, how should I handle it?

Discussion in 'Lawn Mowing' started by precisioncut, Jun 27, 2004.

  1. precisioncut

    precisioncut LawnSite Senior Member
    Posts: 654

    I maintain a new park and recently we been having a lot of wind. The landscaper didn't anchor his tree stakes that well, and every time the wind picks up the stake breaks and the tree leans over. I was able to save one and 3 others have snapped. I probably could have saved them if I had the time to drive by the park every day to check on it.

    My contract doesn't have any of these costs of replacing trees in it, should I contact the owners and inform them and replace the trees and bill it to them separetly? I don't think that I should be responsible for the costs of "acts of God." I was going to use steel stakes next time to prevent the breaking, is that a good idea, or should I replace them with the same wood stakes the landscaper used?

    Should my contracts/estimates plan for these formalities or not? How have any of you handled these situations?

    Sorry, a few more questions I thought of while typing. Thanks.
  2. geogunn

    geogunn LawnSite Gold Member
    from TN
    Posts: 3,010

    it seems your contract says you "shall" maintain and you have done that.

    but you can't be there 24/7 everytime the wind blows.

    you chould be paid seperately for the new materals (trees) to replace the damaged ones.

    at that point, use the proper materials to stake the trees you install.

    good luck.

  3. affordableyardcare

    affordableyardcare LawnSite Member
    Posts: 24

    I would think that the landscaper that planted the trees and then stacked them would be responsible for them not you. I would get ahold of him and tell him the problem,then if he doesn't take care of it contact the owner and ask him how you should go about fixind the problem. Don't forget to tell him your contract does not call for you to replace trees and that will be an additional cost.
  4. Pecker

    Pecker LawnSite Bronze Member
    Posts: 1,454

    If you didn't install the trees its not your responsibility. If a residential customer's 50 ft. tree falls during a storm, are you repsonsible for removing it and planting a new one?
  5. LwnmwrMan22

    LwnmwrMan22 LawnSite Platinum Member
    Posts: 4,372

    Yep, not your responsibility.

    I maintain 6 parks, and if a tree falls, I call the park board and let them know there's a tree down. If they want me to clean it up, I do, or they let the township know and their guys clean it up.

    Same thing if someone idiot were to drive out into the grass and start tearing things up, it's not your responsibility. You're only there to maintain the property, not be it's guardian.

    Now, if you or an employee were hitting the stakes or lines with your mowers and breaking them, then yes, THAT would be your responsibility.

    What if some kids were climbing the trees and pulled them over, that would NOT be your responisibilty. Mother Nature was messing with you, give her a call. :)
  6. Liberty Lawncare

    Liberty Lawncare LawnSite Senior Member
    Posts: 485

    The scaper who instaled the trees is the one responsable.

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