Cunning Runt Posted June 24, 2010 Share Posted June 24, 2010 (edited) So I'm having a new fence put up around my back yard. The people that spray paint your lawn to show where different lines are came out and painted markings so the fence company knew where lines were. That said, they must have told the paint folks that they were going to be out sooner because the gap in time between the painting and the fence company actually coming out (maybe week, week and a half) allowed the rain and regular lawn-mowing to make the markings nearly invisible. Sure enough, the fence company hit a power line. Damaged it, not all the way through it. So the electric company was out yesterday and they say to get to the problem and fix it correctly, they're going to have to chainsaw through the root system of a very mature and established tree - our ONLY tree in our back yard and that cutting the roots like that will probably cause it to die, but they have to get down in there to fix the problem. The fence company is blaming the electric company for not having the lines painted in the right place. The electric company says their markings were accurate. But you can't tell anymore since they're simply not visible anymore, and moreseo, the area where these specific markings would have been is all dug up anyway. I'm concerned that the tree dies a year from now when both these companies will have this in their rear-view mirror. Does a tree in and of itself have tangible value? Certainly it has intangible value (shade, aesthetic value). I sure as hell don't want to have to pay to have a tree taken down on my dime a year from now - two years from now, whenever. Advice appreciated. Edited June 24, 2010 by Cunning Runt Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted June 24, 2010 Share Posted June 24, 2010 So I'm having a new fence put up around my back yard. The people that spray paint your lawn to show where different lines are came out and painted markings so the fence company knew where lines were. That said, they must have told the paint folks that they were going to be out sooner because the gap in time between the painting and the fence company actually coming out (maybe week, week and a half) allowed the rain and regular lawn-mowing to make the markings nearly invisible. Sure enough, the fence company hit a power line. Damaged it, not all the way through it. So the electric company was out yesterday and they say to get to the problem and fix it correctly, they're going to have to chainsaw through the root system of a very mature and established tree - our ONLY tree in our back yard and that cutting the roots like that will probably cause it to die, but they have to our we're going to lose power permanently. The fence company is blaming the electric company for not having the lines painted in the right place. The electric company says their markings were accurate. But you can't tell anymore since they're a) simply not visible anymore, and moreseo, the area where these specific markings would have been is all dug up anyway. I'm concerned that the tree dies a year from now when both these companies will have this in their rear-view mirror. Does a tree in and of itself have tangible value? Certainly it has intangible value (shade, aesthetic value). I sure as hell don't want to have to pay to have a tree taken down on my dime a year from now - two years from now, whenever. Advice appreciated. Yes a tree does have value. Howe that value is determined is typically up to a municipality or judge. Who pays for this tree if it dies is left up to a judge. Get a lawyer. Quote Link to comment Share on other sites More sharing options...
dmarc117 Posted June 24, 2010 Share Posted June 24, 2010 did u schedule the appts. yourself? if so, they may say that your scheduling spread caused the mishap. they wont pay for that tree without a fight. Quote Link to comment Share on other sites More sharing options...
Cunning Runt Posted June 24, 2010 Author Share Posted June 24, 2010 did u schedule the appts. yourself? if so, they may say that your scheduling spread caused the mishap. they wont pay for that tree without a fight. No - the fence company scheduled everything. Quote Link to comment Share on other sites More sharing options...
dmarc117 Posted June 24, 2010 Share Posted June 24, 2010 No - the fence company scheduled everything. im no lawyer or judge, but i would say that the fence company is the guilty party. were the lines visible? do you have pics? Quote Link to comment Share on other sites More sharing options...
matt770 Posted June 24, 2010 Share Posted June 24, 2010 I was at a garden center in GA and they had big mature trees for sale. I was blown away that they could plant something so big. The root balls were the size of an RV. Probably costs thousands, but obviously it can be done. The electric company could afford it. Quote Link to comment Share on other sites More sharing options...
Perchoutofwater Posted June 24, 2010 Share Posted June 24, 2010 I was at a garden center in GA and they had big mature trees for sale. I was blown away that they could plant something so big. The root balls were the size of an RV. Probably costs thousands, but obviously it can be done. The electric company could afford it. Well, since they can afford it, then they should be forced to pay You might be able to file suit against the fence company, but not the electric company. If the markings had washed a way they should have had them redone before they started digging. Still, you can't do anything until the tree dies, or is significantly impacted. You might take pictures of what has happened, and write a letter to each regarding it so you can have their response for future use, if you do decide you want to file against them. Still, by the time it's said and done, you will probably spend as much on lawyers and what not that you are really just wasting your time. Quote Link to comment Share on other sites More sharing options...
Cunning Runt Posted June 24, 2010 Author Share Posted June 24, 2010 im no lawyer or judge, but i would say that the fence company is the guilty party. were the lines visible? do you have pics? I do not have pics. Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted June 24, 2010 Share Posted June 24, 2010 I do not have pics. Ask and you shall receive Quote Link to comment Share on other sites More sharing options...
polksalet Posted June 24, 2010 Share Posted June 24, 2010 I'm a registered land surveyor in 2 states so I know a little about this. If the marked lines were visible and marked in the wrong place the surveyor is liable. If the lines were no longer visible and the fence company jacked it up it is the fence company's fault. I am also a forester and yes trees like that have value Some are valued in the thousands of bucks. Quote Link to comment Share on other sites More sharing options...
Cunning Runt Posted June 24, 2010 Author Share Posted June 24, 2010 I'm a registered land surveyor in 2 states so I know a little about this. If the marked lines were visible and marked in the wrong place the surveyor is liable. If the lines were no longer visible and the fence company jacked it up it is the fence company's fault. I am also a forester and yes trees like that have value Some are valued in the thousands of bucks. Thanks - is it a good probability that chainsawing through a substantial portion of a tree's root system will kill it? Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted June 24, 2010 Share Posted June 24, 2010 Thanks - is it a good probability that chainsawing through a substantial portion of a tree's root system will kill it? Most certainly or it will substantially weaken the root structure and in the next big storm... Boom. Quote Link to comment Share on other sites More sharing options...
matt770 Posted June 24, 2010 Share Posted June 24, 2010 Thanks - is it a good probability that chainsawing through a substantial portion of a tree's root system will kill it? Depends on how much was cut. Trees put out roots out in all directions, and a big tree is going to have a very large and extensive root system. If there are any large low-hanging limbs that the tree could do without, that might help balance the loss of roots. And keep it well watered throughout the summer, really let the sprinkler run for a few hours at least once a week when it's hot and dry. Quote Link to comment Share on other sites More sharing options...
Cunning Runt Posted June 24, 2010 Author Share Posted June 24, 2010 Most certainly or it will substantially weaken the root structure and in the next big storm... Boom. Ya - right on my new fence. That's one of the things I'm afraid of. Quote Link to comment Share on other sites More sharing options...
HowboutthemCowboys Posted June 24, 2010 Share Posted June 24, 2010 Sure enough, the fence company hit a power line. Damaged it, not all the way through it. So the electric company was out yesterday and they say to get to the problem and fix it correctly, they're going to have to chainsaw through the root system of a very mature and established tree - our ONLY tree in our back yard and that cutting the roots like that will probably cause it to die, but they have to get down in there to fix the problem. I don't understand, they hit the power going to your house but "not all the way through"? Do you have power? Did they just crack the conduit? Around here the power is MAYBE 30 inches deep. I can't believe they would have to cut through enough roots to get to and repair the damage that it would kill a tree that large. We dug through massive amounts of roots before that I was sure would kill the trees and they were just fine. Quote Link to comment Share on other sites More sharing options...
mrip Posted June 24, 2010 Share Posted June 24, 2010 (edited) Yes, tree has value. negligence case. Find a civil litigation lawyer. Be sure to document everything as thoroughly as possible. But know that the companies will never do business with you again, if that matters. Suit against the fence company, fence company impleads the electric company, they pay you to make it go away. Edited June 24, 2010 by mrip Quote Link to comment Share on other sites More sharing options...
Cunning Runt Posted June 25, 2010 Author Share Posted June 25, 2010 I don't understand, they hit the power going to your house but "not all the way through"? Do you have power? Did they just crack the conduit? Around here the power is MAYBE 30 inches deep. I can't believe they would have to cut through enough roots to get to and repair the damage that it would kill a tree that large. We dug through massive amounts of roots before that I was sure would kill the trees and they were just fine. We have power, but the electric company tested it and they found that the line was corrupt and that the power would for sure go out within a couple weeks for good (unless repaired). I don't know what to tell you. Just conveying what was told to me by the guys that do this stuff. Quote Link to comment Share on other sites More sharing options...
Cunning Runt Posted June 25, 2010 Author Share Posted June 25, 2010 Yes, tree has value. negligence case. Find a civil litigation lawyer. Be sure to document everything as thoroughly as possible. But know that the companies will never do business with you again, if that matters. Suit against the fence company, fence company impleads the electric company, they pay you to make it go away. Well, I don't plan on doing business with this particular fence company again anyway - there have been some other issues unrelated to this latest thing that solidified that decision already. As far as the power company, I don't think they have a choice in the matter (nor do I). Quote Link to comment Share on other sites More sharing options...
Chief Dick Posted June 25, 2010 Share Posted June 25, 2010 Have you paid the fence company the full amount yet? Quote Link to comment Share on other sites More sharing options...
Cunning Runt Posted June 25, 2010 Author Share Posted June 25, 2010 Have you paid the fence company the full amount yet? I did. They offer a decent discount for payment in full at time of order. Quote Link to comment Share on other sites More sharing options...
bushwacked Posted June 25, 2010 Share Posted June 25, 2010 (edited) Generally whoever digs into it is at fault. Just because lines were marked by locators doesn't mean they are held liable for someone assuming they should be accurate. Did the fence company dig into it by hand or by machine? They should have hand cleared it before slamming a post-hole digger or equivalent. Doesn't seem like something you would have any luck getting money from to me. If the utility was trying to charge you for repairs then maybe you could pass it on to the fence company. Edited June 25, 2010 by bushwacked Quote Link to comment Share on other sites More sharing options...
bushwacked Posted June 25, 2010 Share Posted June 25, 2010 (edited) I'm a registered land surveyor in 2 states so I know a little about this. If the marked lines were visible and marked in the wrong place the surveyor is liable. If the lines were no longer visible and the fence company jacked it up it is the fence company's fault. I am also a forester and yes trees like that have value Some are valued in the thousands of bucks. Why would a surveyor be marking underground utilities? Edited June 25, 2010 by bushwacked Quote Link to comment Share on other sites More sharing options...
Cunning Runt Posted June 25, 2010 Author Share Posted June 25, 2010 Generally whoever digs into it is at fault. Just because lines were marked by locators doesn't mean they are held liable for someone assuming they should be accurate. Did the fence company dig into it by hand or by machine? They should have hand cleared it before slamming a post-hole digger or equivalent. Doesn't seem like something you would have any luck getting money from to me. If the utility was trying to charge you for repairs then maybe you could pass it on to the fence company. I wasn't here when it happened, but they were just dropping a post hole digger down onto "their" marks and goingg to town on the ones I saw them working on. My main concern is not so much collecting money, but the tree. I don't want to get stuck with a bill later on for the tree removal if/when it were to die. Quote Link to comment Share on other sites More sharing options...
Azazello1313 Posted June 25, 2010 Share Posted June 25, 2010 the fence company was clearly past the line and offsides Quote Link to comment Share on other sites More sharing options...
MrTed46 Posted June 25, 2010 Share Posted June 25, 2010 (edited) I wasn't here when it happened, but they were just dropping a post hole digger down onto "their" marks and goingg to town on the ones I saw them working on. My main concern is not so much collecting money, but the tree. I don't want to get stuck with a bill later on for the tree removal if/when it were to die. sounds like all you want and can do right now is document everything as best you can. You are taking preemptive actions to your scenario IF the tree dies. Do what you can now and worry about it IF the scenario happens. ETA: The tree will not die for some time, I would argue, how you are so sure their cutting into the roots is what finally killed it off? As time increases, I fear your case will get diluted. Edited June 25, 2010 by MrTed46 Quote Link to comment Share on other sites More sharing options...
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