Am I liable if I strap a tree up as an emergency fix and then it comes down?

[samiad]

Just got this txt message

 

"Mi M8. Just wanted to ask about the tree. Winds picking up and am bit concerned. When you checked the tree out did everything seem ok? No chance of it being blown over? cheers"

 

The tree is a big leylandi i looked at in summer. Its got two stems, included bark. I suggested it be removed back then but the tree was rammed with birds so I told him i'd do it in late sept but they were still there, so i came again in october, still there! I was booked on a backpacking holiday from then in southeast asia so I said i'd have to do it when i got back to which i got no reply. I assumed he'd had enough of my pigeon pussy footing around and decided to get a proper tree slayer in but no! i get back and all hell has broken loose, stormy up here! Hes on my case.

 

I feel obliged to go and do something so hes not stressed over christmas but at the same time I smell a rat, the way his text is written, i cant tell if hes just worried or if hes looking to pass the blame, anticipating it coming down and prepping his lawsuit! Back when i looked at it there was some included bark from what I remember but it didn't strike me as imminently in danger of collapse (I looked at it on a breezy day and could see no movement or crack forming).

 

I feel like going round and putting a few big straps round to reduce chance of it peeling off in this storm. I dont fancy dismantling it in a gale. its got stuff all around, be a slow job.

 

If I strap it up and it goes anyway do you think I will be liable for anything?

 

thanks allot

 

sam

[Yorkshireman]

if you strap the liability will land with you ! as a professional tradesman or company who have carried out that service.

strapping in the full knowledge that the intervention it is not likely to hold ,, if it will hold then no problem ,,

 

why advise Sept the bird nesting ends 31 July

 

perhap its best to be a bit selfish, after all your advise has been ignored for 6 months

Edited December 23, 2013 by Yorkshireman

[Dean O]

if you recommended its removal that long ago then perhaps your reply should be...

 

 

"yes there's a good chance it will fail, would you like me to book it into my first available slot?"

[Shane]

Depends - if you do anything on it then you could be opening the proverbial can.

 

I would say you don't have time, get him to call someone else, you tried and stopped for quite honourable reasons. If he's now realised its dodgy, its up to HIM to find someone and not up to YOU to put your reputation on the line.

 

Say it sounds like it needs urgent attention which you cannot give. If you don't fancy it, and are not happy with the circumstances you must NOT offer to make ity safe in any way.

 

If you think he might be playing the 'legal' game then it's a bit like pass the parcel with a bomb in it - last to work on it is to blame. Any doubts, AVOID.

[easy-lift guy]

Reads like you have done everything you can. Contact the customer and recommend another company to handle the job.

easy-lift guy

[samiad]

Nice one, good advice. Not sure if I should even reply to the text or turn my phone off and lay low!

 

Phew, lucky I asked!

 

Wow I never knew that about bird nesting season. I always thought if there's chicks or eggs in the nest then you couldn't do it. So many conifers i could have slayed.....ah well.

 

Do you feel the guilt when you lob the chicks out?

[Stewartyboy]

Just get it doon

[Shane]

Glad you got an answer - but beware..

Just because its not nesting season doesnt make it right to lob out eggs or chicks!

There are differing views depending on species.

This is a separate can of worms - probably best discussed off the public domain.

[Arbtech Tree Services]

the tree was rammed with birds so I told him i'd do it in late sept but they were still there

 

They're pidgeons, they're at it all year round

[Dean O]

a nest in construction or use is protected.

 

I wouldn't turn the work away if I was you, but there's no point in doing a botch job until you can get there.

 

obviously some miscommunication on both of your parts - you could have called him sooner to arrange things as he may have been waiting on you - on the other hand he probably put of calling you to arrange things until the weather hit.

 

I don't think any blame should be dished out, just offer to do it after the Christmas break, and put it in the diary if he wants you too. - if not just move on.