HELP! Weedwhacker bark removal = dead bushes/trees?

[~gd]

You have to have a license before you can charge to cut somebody's hair--Why shouldn't you have to have a license (and proof of training) before you are allowed to butcher somebody's landscaped yard and garden? Where's the interfering government when you need them???

It may be a formal requirement but it isn't followed much around here, In fact I thought [before I looked it up] that the licence was just for the establishment. My hair cutter makes house calls and charges $10 rather than the $12 at a barber shop. Don't give the government any ideas! Mine is trying to extend the sales tax to cover services, they will probably be able to make it stick where the service has an office or establishment, not so much with those that use a cell phone and a vehicle. The only way to limit government is to starve them by reducing their revenue stream.

 

[odd_duck99]

I suggest that you get the damage evaluated by a third and a forth party. one should be a master gardener [title grsnted by the Cooperative Extension Service, every US county has an office] They can serve as a nutral party, and another paid landscaper who can give you a dollar estimate of the cost to fix your problem(s) Then take the moron to small claims court! If you paid the moron he must have some assets that you can claim after getting a judgement against him. Often they will make things right if you only threathen to take such action, ~gd

Gd - what exactly should I ask the master gardener to evaluate if this comes to a small claims action?

Anyone else is welcome to weigh in too!

 

[baymule]

This is exactly why some men should NEVER touch power tools! (not to offend anyone here, as ya'll are keepers of the soil and would know better)

Years ago, my sister and her husband purchased a lovely home on the San Jancinto river. My brother in law took his chainsaw to the yard. We went to see them and pulled up just as BIL was finishing the last strokes on some very old "ironwood" trees. He explained that he was getting rid of the "ironwood" trees and was going to plant crepe myrtles because they were so beautiful. The "ironwood" trees lined the front of their property and driveway. Calmly I explained to him that he had just murdered all of his old-growth gorgeous crepe myrtle trees. Duh.

 

[~gd]

I suggest that you get the damage evaluated by a third and a forth party. one should be a master gardener [title grsnted by the Cooperative Extension Service, every US county has an office] They can serve as a nutral party, and another paid landscaper who can give you a dollar estimate of the cost to fix your problem(s) Then take the moron to small claims court! If you paid the moron he must have some assets that you can claim after getting a judgement against him. Often they will make things right if you only threathen to take such action, ~gd

Gd - what exactly should I ask the master gardener to evaluate if this comes to a small claims action?

Anyone else is welcome to weigh in too!

Just a short statement that the plants are dieing and it is the result of the poor weedwhacker work that caused the damage. She/he probably will refuse to go to small claims court for you but a written report as a short note is pretty much SOP for evaluation of garden problems. Like I said they will be nutral and a small claims judge will know that and give it more weight than anyone on either side of the dispute, expect more haggling over the dollar value or cost to replace them because your cause of damage is going to be very hard to dispute. You should not need a lawyer and in many places lawyers are disallowed. Good Luck! ~gd

 

[odd_duck99]

Thank you!

 

[Corn Woman]

You can also take pictures of the plants that have been killed and get estimates of the cost of replacement. A landscaping company can provide you with this. Don't forget to add in the cost of soil prep and mulch plus the time to replant and water till they are established . It may also help to have a neighbor give a written statement re: how the plants were before the butchering. Any company doing this type of work should have liability insurance that covers the cost of the damage you have incured. You maybe able to avoid the court filing fees and a day spent in court. If they don't pay for the replacements after being provided with the estimates then you should take them to small claims.

 

[odd_duck99]

Just an update... I fired the company and hired another. Much better! Also, in a run of interesting luck and a testament to God's sense of humor, someone came into the yard and DUG UP the blueberry bushes! Who does that?! They took 2, but left 2 dug up, which my neighbor replanted. Which 2 did they take? The 2 damaged ones. HA! Karma served immediately.

 

[~gd]

Just an update... I fired the company and hired another. Much better! Also, in a run of interesting luck and a testament to God's sense of humor, someone came into the yard and DUG UP the blueberry bushes! Who does that?! They took 2, but left 2 dug up, which my neighbor replanted. Which 2 did they take? The 2 damaged ones. HA! Karma served immediately.

It is called plant rustling and I always kept a spade in my truck for that purpose. Drive the back roads and watch the ditches. I got some womderful hardy vigorus plants that way. Just to be clear I never dug up a yard but I have taken cuttings from some deserted plantings. I have 3 old roses that I have submitted to an organized group that tries to identify and preserve old rose varities.

 

[odd_duck99]

Oh yes, I am all for plant rustling. I even GAVE things to fellow gardeners that happened to comment on a certain flower at our moving sale! It's just in the nature of the hobby! However, I think there should be a line drawn when it comes to digging up 4 decent sized bushes from someone's yard - whether the house is occupied or not!