Consumer Law, Warranties Lawn care issue

[Catlady12]

Jurisdiction

Pennsylvania

I had a handyman cut a tree down and about 1 month later grind the stump for me. He left all the remains of a large almost 20 year old maple tree on the ground and never raked or trucked it away and put some top soil on it. When I asked him about it he said he would mix enough dirt so all the wood chips in the ground would not impede the growing of the grass. He then seeded the big area, fertilized it , and I bought a big straw blanket to put over it. I watered it religiously since the beginning of June having my water bill double and the grass that did grow died. I had three nursery companies and they all said I have to truck that topsoil out of here with all the wood chips put new dirt reseed and start over again because apparently all the top soil settled and all that was left was wood chips. He also cracked my siding by letting a big branch fall on my house but that's all taken care of. My question is I really don't want to deal with him any longer and was wondering can I just go ahead and have the work done and have him pay for it or do I have to offer for him to fix it? I learned a valuable lesson from all this believe you me, should've got a tree service. He did tell me he had insurance though.

 

[adjusterjack]

My question is I really don't want to deal with him any longer and was wondering can I just go ahead and have the work done and have him pay for it or do I have to offer for him to fix it?

Probably doesn't matter. I doubt that you'll get any money out of him unless you sue him and, even then, collecting would be problematic.

Though you are welcome to send him a demand letter with a completed (but not filed) small claims complaint.

I learned a valuable lesson from all this believe you me, should've got a tree service.

Well, that's not the lesson. You don't necessarily have to hire a specialist. You could end up with the same problems unless you take proper precautions.

Here are the lessons:

1 - Get the agreement in writing and specify clean up and haul away.

2 - Never pay up front. Pay only when the work is completed, including clean up and haul away.

3 - Ask for a proof of insurance if you are concerned about insurance. It's a simple form that insurance agents are accustomed to providing for their building trade clients.

He did tell me he had insurance though.

He either lied or he thinks his homeowners or renters insurance would cover him. At any rate, no insurance covers liability for failure to complete the work.

 

[Catlady12]

Thank you for the advice. I think your right I probable won't get a penny out of him.