Here's an odd WWYD?

[Kitty 34]

DH and I decided recently, we were finally going to go ahead and get two dead pines in the front yard removed.

So..........on Tues, I called 4 different tree removal companies for estimates. All four give free estimates which was nice. Set up appts with all 4.

The first one (A) showed up (yesterday) gave us a pretty good price which included this other dead tree PLUS a dying cedar that had a beautiful "baby" Oak tree growing up in it. DH didn't even want the cedar coming down unless they could save the 10 yr old "baby" oak.

So when the guy (A) left, he gave us an estimate but said he'd call and let us know later next week when they could come out. We didn't sign anything....

So today, another company (B) came out this AM, gave us even a better deal and said he'd call us, also, next week. As I write this I have another company (C)coming out this evening for a free estimate.

Well.........this afternoon I come home from running errands to find that Company A is in our yard totally chopping down first,the cedar but not before they cut the "baby" oak! AHHHH! I was in total shock!!! DH and I NEVER gave anyone OK to do their business here.

I went inside and have a message on my phone from this Company (A). It says they have a couple of free hours this afternoon and can come over IF we contact them at such and such a #. DH and I, being away from the house phone never OK'd anything but here they were just cutting away!

What would you do??? We're suppose to call the boss of (A) tomorrow for an explanation. He did tell his crew to tell us that the cedar/baby oak removal would be free.

I am just speechless right now!! (except for this long post )

 

[Handbag Lady]

DH and I decided recently, we were finally going to go ahead and get two dead pines in the front yard removed.

So..........on Tues, I called 4 different tree removal companies for estimates. All four give free estimates which was nice. Set up appts with all 4.

The first one (A) showed up (yesterday) gave us a pretty good price which included this other dead tree PLUS a dying cedar that had a beautiful "baby" Oak tree growing up in it. DH didn't even want the cedar coming down unless they could save the 10 yr old "baby" oak.

So when the guy (A) left, he gave us an estimate but said he'd call and let us know later next week when they could come out. We didn't sign anything....

So today, another company (B) came out this AM, gave us even a better deal and said he'd call us, also, next week. As I write this I have another company (C)coming out this evening for a free estimate.

Well.........this afternoon I come home from running errands to find that Company A is in our yard totally chopping down first,the cedar but not before they cut the "baby" oak! AHHHH! I was in total shock!!! DH and I NEVER gave anyone OK to do their business here.

I went inside and have a message on my phone from this Company (A). It says they have a couple of free hours this afternoon and can come over IF we contact them at such and such a #. DH and I, being away from the house phone never OK'd anything but here they were just cutting away!

What would you do??? We're suppose to call the boss of (A) tomorrow for an explanation. He did tell his crew to tell us that the cedar/baby oak removal would be free.

I am just speechless right now!! (except for this long post )

I would be livid and not only would everything be free, but they would be replacing the ten year-old baby oak with another ten year-old baby oak.

 

[BellePrincessBelle]

Wow, I'm not sure. Were you very clear with them that they did NOT have the job or was it more like an "ok, let me know next week what day you can come out" on your part?

 

[Julie*]

I would not pay a dime and would expect them to replace the tree that wasn't supposed to be cut.

We had a similar thing happen to us but with topsoil. We called a company for an estimate to have some delivered and never got a call back. Instead we came home to a huge mound of topsoil in our yard with a bill for $250 tacked to the door. My DH called them and said we're not paying so they could come back and get their soil anytime. They never came back to get the soil but did call to apologize.

 

[krcit]

Wow. Well, I wouldn't pay them anything that's for sure.

 

[EMom]

Do not pay a cent. There is a legal reason why, but i cannot type now. Not a cent!!!!!!!!!!!

 

[Neesy228]

I would be livid and not only would everything be free, but they would be replacing the ten year-old baby oak with another ten year-old baby oak.

This.

If you have nothing in writing with your signature on it, then they screwed up. End of story.

Sometimes I think that the people in the office and the people in the field get their wires crossed. I doubt it was done intentionally (like to get you to pay, even though you didn't agree to their price), but most likely more of a clerical error.

I hope the boss sees your point and the whole thing is settled easily.

 

[Sanchez]

First, being "livid" will not help. A negotiated resolution is best. Perhaps they will agree to no charges. If not, they may have the ability to file a lien. I am not saying that they have a great case, however the cost of defense and/or the possibility of losing make negotiating this a smart move.

Lien statutes often provide for payment of attorney fees and IF they are successful you could be in for much more than the value of the job.

 

[Feralpeg]

Something similar happened to me about 12 years ago.

We had a terrible hail storm come through and my roof was damaged. I called out a couple of different roofing companies for estimates. The first company came out to look at the roof. Mind you, I had not received word from my insurance company, at this point, as to how much they would cover. He told me that he would get back to me with an estimate.

A couple of days later, I come home from work to find half of my roof ripped off and roofers on the top of my house. Of course, none of them could speak English, so I ran inside and called the roofing company. The owner told me that he had so many jobs going that they got confused. Oddly, the amount of his estimate ended up being exactly the amount my insurance company would cover. Very convenient.

 

[EMom]

Sorry, I can barely type. Look up officious intermeddling. You do not owe them a penny.

 

[Lorelei Lee]

I'd be livid too. From your perspective, all you asked for was an estimate, and you never made an agreement that he would do the work. And he specifically did something you told him not to do - he took down the tree you specifically wanted to preserve.

Let me ask a few questions.

Did he give you a written estimate? If so, was the estimate on plain paper, paper with his letterhead, or on a preprinted form? If it was on a preprinted form, you need to go read that form now. Read every piece of paper he gave you.

My educated guess is that he's going to say you had a verbal agreement with him, and that he did the work based on this oral contract. Oral contracts are valid in many circumstances. Your signature isn't necessary to prove a contract exists if the other reuirements are met.

He will likely point to the written estimate and the fact that he actually did the work as proof of the contract.


If you pay him, even a partial payment, a court would likely view that as your agreement that a contract did exist.


If there was a written estimate, what, if anything, did it say about preserving the baby oak?

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[Lorelei Lee]

If you have nothing in writing with your signature on it, then they screwed up. End of story.

Wrong. It's hornbook law that oral contracts are enforceable. You need to have more information before you can say there was no contract here.

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[Art 1]

If the work is satisfactory to you offer to pay the estimate of company B.

 

[Lorelei Lee]

If the work is satisfactory to you offer to pay the estimate of company B.

I wouldn't do that.

The work was not satisfactory. They killed the baby oak.

Though my next question would be, could the baby oak have been saved? I know that's what you wanted, OP. But I don't know enough about trees to know whether the tree could actually be preserved.


Ultimately, OP, I think you have 3 options.

1. Do nothing and see what the tree service does.

2. Demand that they replace the baby oak. I don't know if they can get you a tree the size of the one they cut down, but I do know it's feasible to replace the tree with another tree.

3. Negotiate a settlement with them which takes into account the price you would have paid for a less expensive service and the damage done to your baby oak tree. And get it in writing.

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[akcire]

Well the work was not satisfactory. The tree she wanted saved us missing!

Save the voicemail message from the company.

I would not pay for any removal, but probably would not demand replacement of the missing tree either. His mistake his loss of time. I'd use the money I was going to spend on the removal buying a new tree.

Something similar happened to neighbors and they pressed criminal charges for trespassing and theft. I think they just did that to get a better monetary settlement. I can't imagine a prosecutor following through unless there were mitigating circumstances. I never followed up to find out what happened.

 

[Kitty 34]

I wouldn't do that.

The work was not satisfactory. They killed the baby oak.

Though my next question would be, could the baby oak have been saved? I know that's what you wanted, OP. But I don't know enough about trees to know whether the tree could actually be preserved.


Ultimately, OP, I think you have 3 options.

1. Do nothing and see what the tree service does.

2. Demand that they replace the baby oak. I don't know if they can get you a tree the size of the one they cut down, but I do know it's feasible to replace the tree with another tree.

3. Negotiate a settlement with them which takes into account the price you would have paid for a less expensive service and the damage done to your baby oak tree. And get it in writing.

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First let me say, I appreciate all your replies.

Second...to answer what I bolded...Company (A) plus Company (B) who came out this morning said yes it could be saved because other wise DH and I said absolutely no we wouldn't have the cedar removed.....just the obviously three dead pines.

Thirdly but not sure on the legalities......when they called and left a request on the answering machine for an oral verbal YES on coming out this afternoon and obviously not getting one as we weren't home should that hold up as legal???

Thanks again!

 

[minniecarousel]

What would I do?

Not pay them a single dime!

 

[anniemae]

Just trying to look at it from another point of view:

It sounds like company A thought they had the job.

You indicated that upon leaving they said they would call and let you know when they could come out next week. Did you just say "Okay" or did you correct him at that point and let him know you had more quotes coming in and have not decided if you were hiring him? If you said "okay" he may have thought that he was hired.

Still, I would think they would have wanted something in writing and I'm surprised they did the work without at least a verbal confirmation. FWIW, I would be upset too. Let us know how it works out.

 

[EMom]

This is so similar to what happened to a friend of mine a few years ago. She and her DH were debating having the backyard landscaped really nicely....... or.......doing no landscaping, getting a pool and then landscaping afterward to go with the pool.

If you are going to get a pool, it totally changes the way you would landscape. They figured they would get landscape/no pool estimates and compare those to pool/landscape afterward estimates. Company #1 came out and gave them an estimate. Companies #2 and #3 gave estimates as well. Of the three, they liked #3 the best, but decided that landscaping alone was so expensive that they would rather just get a pool and landscape afterward. Meaning, they wanted no work done by any of the three companies, even #3.

They went out of town and called a neighbor while they were out of town. Neighbor tells them how good the new landscaping looks and they ask, "WHAT? We have no landscaping....." The neighbor told them their whole backyard had been landscaped. They drove home and sure enough, Company #1 (the most expensive) had come over, jumped their locked fence and completely landscaped the backyard. And not to complement a pool either.

They called the company and asked WTH? Basically, the company was fuzzy and had probably gotten them confused with a neighbor who DID want them to do the work. My friend told them they weren't paying and the guy had the nerve to say they would need their plants back. My friend told them since they had trespassed in the first place to get the plants in and could never make the yard look like it did pre-landscape ambush, they needed to cut their losses and move on. They did.

I think this happens a fair amount. A person gets multiple estimates, but one company gets things confused and comes out and does the work when it is not authorized. Then they bluff in an attempt to get payment. But they have no payment coming.

I agree with a PP who said to use the money you would have used to pay for tree removal to buy a nice new oak tree.

 

[Lorelei Lee]

First let me say, I appreciate all your replies.

Second...to answer what I bolded...Company (A) plus Company (B) who came out this morning said yes it could be saved because other wise DH and I said absolutely no we wouldn't have the cedar removed.....just the obviously three dead pines.

Thirdly but not sure on the legalities......when they called and left a request on the answering machine for an oral verbal YES on coming out this afternoon and obviously not getting one as we weren't home should that hold up as legal???

Thanks again!

Their take on the call? We had an agreement to do the work, just needed to set up a time. All we were asking in the call was whether today was a good day to do the work.

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