a rant!!!

So sorry to do this here but need to let it out somewhere!!!!
My newly renovated greenhouse is situated underneath a rather gorgeous large tree which is growing in my neighbours garden.They have obviously decided the tree needs to go which is a shame as it's lovely, but good because it will increase light to my greenhouse. They didn't inform us it was going to be done, so when we got home from the beach yesterday and found a man up it with a chainsaw we were a little suprised and nervous for my greenhouse. After half an hour of hovering nervously in my kitchen watching (didnt want to appear too obvious!), I heard an almight crash, saw my compost bin go flying (compost flying everywhere) and ran down the garden like a mad woman to find a huge branch had hit my greenhouse.Aaaaaarrgghhhh!
Luclily it's polycarbonate not glass but the branch bent all the aluminium out of shape and it's now in a bit of a state. I went a bit off the deep end at the guy doing it and my neighbours are away so i cant talk to them about it.Apparently he doesn't work for a company and is just doing them a favour, (dont think he knows remotely what he's doing!) but promises to fix the greenhouse (I bet!). Trouble is, he's only done half the tree and he's coming back to do the rest this afternoon. What's remaining are the biggest branches and they are directly over the top of my poor greenhouse!!!!! I'm in such a state worrying about it and am dreading this afternoon as I just know he's going to drop somehting else on it. Going to be biting my nails nervously all day now.

 

That is terrible Mel, I have had large trees removed in the past and know that the the tree fellers have to hold a licence to take down trees of a certain height.

Wonder if he has a licence!!!he should have and you can claim compensation.

 

oooooh - you have my sympathy......... maybe you should go and take out anything you can just in case....... it would have been nice for them to have warned you!!

you can kindly offer some help with ropes, etc, so when the bigger branches are cut, they can't fall, etc???

.... but then, you could always get a new one out of your neighbours!!!!!

don't get too stressed out!!!!

 

Oh, that is terrible and I wonder the neighbours didn't mention it to you, and that the "lumberjack" didn't take any precautions when he saw the greenhouse. Make sure you ask if he has a licence and TAKE PHOTOS!!! Try to remain calm and let us know how it goes. Good luck!

 

Don't offer any help. If you do then you will regarded as contributing to any damage and it will compromise any legal claim. I would have thought its going to be a case for your neighbour's insurance.
Is a repair by a botcher going to be as good as the original greenhouse?

 

Mel - so sorry to hear about that. It was extreemely negligent of your neighbours to use an amateur. I had a big tree cut down three months ago, with a summer house below it. The tree surgeon was very professional and not even a twig fell on the summerhouse. Even so the tree surgeon had full insurance to cover such eventualities, as well as a couple of helpers to lower the branches to the ground.

 

They're out finishing off the poor tree as we speak and I've come upstairs and on the computer to take my mind off it!! Been out staring at them for the last hour and thought I might be making them nervous so have forced my self to come away as don't want nerves adding to the rather shoddy job they are doing!

 

I'm pretty sure that your neighbours are liable for damage caused by their "servant". I would guess that they should either demand compensation from the "servant" or get their household insurers to cough up.

 

I was under the impression that in order to cut down a tree of such size the person doing it would need some kind of insuance covering any damage that they may do to anyone elses property or persons.
Just imagine the outcome if you were actually in the greenhouse at the time, one reason I never do work for other people, everythings great until something goes wrong.

 

It's all finished now thank goodness, with no more damage than they did originally.To give him his due he did arrive last night with spares from another greenhouse and replaced all the bent aluminium for me so I suppose I can't grumble too much.Luckily none of the polycarbonate was broken.
Still annoyed woth my neighbours though for employing a cowboy and not informing me that work like that was going to take place.

 

Mel, I am hoping everything has been sorted out and that your greenhouse is now fully repaired.

If not I am more thatn happy to assist if you wish to take things further - whilst not a lawyer I do work for a very large insurance company(actually the largest globally) and have a lot of experience wih dealing with negligence claims.

Let me know if you need any help and I will see what I can do.

Tim

 

Thanks for the offer Tim but it's all fixed now. The frame was an old one which was here when we moved in and I renovated it adding new polycarbonate and a new door.As it wasn't a brand new frame I'm quite happy with the repair he's done. If it had been a new frame on the other hand I might not have been so happy!
Just got to tackle the window cleaner now, who balanced his ladder on my raised beds yesterday, squatting two of my favourite plants, and cracking the wall!!!]
Don't think I'm having much luck lately!!!!

 

Mel I`m sorry to here of your problem. The guy who took the tree down should of had public
liability insurance and should have replaced any damaged parts with new. It`s alright to say you are happy with the outcome but what if you had been in the greenhouse at the time? I would be inclined to take up Tim`s offer. You don`t have to keep any monies you can always give it charity. David.

 

Mel, I'm glad you've had a good greenhouse outcome (and I'd disagree with further claims for distress as they usually cause more hassle and distress!) Thoroughly agree with you re window cleaners - is standing on plants part of their contract? mine do it all the time as well as bend the frame that I'm trying to do topiary round. I can tell they've been more due to damage to the garden than cleanliness of windows.

 

Mel,

Just read thru what must have been an awfully stressful time for you :( Although you may shy away from taking further action David is right, what if you had been in there? Being self-employed myself i have public liability insurance, and if i was responsible for such an incident on the scale this guy was i would replace the damaged article with new as David said the guy should have.

The guy wouldn't have had to foot the bill himself, the most that would happen (if he had followed P.L.I. guidelines) would be his premium would go up for next year. If he's not insured more fool him for taking on something he did not have the knowledge to do!

I can understand you may not want a 'situation' with your neighbours, if you don't take it further i think they at least have to be told what happened and what could have happened. Maybe then they will think in the future before doing any work which may affect you or your property.

Really i think you should sue the guy that did it