Who is responsible

[AC\DC]

Got a call about a month ago, for a service that was Destroyed by lift that was trimming trees for the state. They broke a 30 foot pole, Local power company came and set a new one, and I reinstalled the service. Had to make old service compliant, Was an emergency service call on weekend so I charged double time and 50% mark up.
Owner signed contract and I stated on contract that ( Tree company) is liable for damaging service. Never heard from them except two times. I told the owner they are avoiding me from the start. They did ask for pictures the first week then said they did not approve to have this fixed.

Now, the owner has filed something, with the Sherif office( he had the police come out when this happened to get all the company information). He told me today they have to pay it or its going to Criminal Court. I told the homeowner I would help as much as possible.

Now I get three phone calls today, and finally got ahold of him, and he said he not paying he never approved. I told him it was an emergency call. He said not his emergency it was the clients issue. I told him you broke it its your problem, and told him good bye.
He said he had two company coming out on Monday to give estimates and he was going to chose so that is why he not doing it. The owner would of been without power in the snow for 4 days. Seems an emergency to me.

As a owner I would pay it so my name stays good. Though is this guy right?

 

[LarryFine]

Owner signed contract and I stated on contract that ( Tree company) is liable for damaging service.

To me, this is the salient point. You have a contract with the homeowner, who owes you for the work done.

I don't see how your contract with the homeowner is in any was is legally binding upon the tree company.

It's his burden to collect from the tree company, and certainly nice of you to help him in any way you can.

 

[jaggedben]

I certainly hope you didn't sign a contract with the homeowner saying that someone else would pay for it. That's not how contracts work. The party that's paying has to sign the contract.

 

[petersonra]

Yeah the homeowner cannot make a contract with you that requires a third party to pay. The homeowner might be able to just turn it over to his insurance company and let them deal with whoever it was that did the damage. But it's probably too late for that. You learned a valuable lesson in contract law and common sense. If someone contracts you to do some work they are responsible to pay you not a third party.

 

[AC\DC]

The contract just states who destroyed the Equipment not who will pay me. I can still get my money from the homeowner. Just was wondering.
(just doubled check)

 

[petersonra]

The contract just states who destroyed the Equipment not who will pay me. I can still get my money from the homeowner. Just was wondering.
(just doubled check)

Why did you do the work without getting payment at all?

 

[AC\DC]

Just being nice. life lesson if I get screwed.

 

[petersonra]

Just being nice. life lesson if I get screwed.

You are not in business to be nice. In most cases the homeowners insurance company would probably have guaranteed the cost of the repairs, maybe less the deductible.

 

[AC\DC]

Well thanks, Ill purse it I got about another month before my Lein date comes up

 

[zbang]

Really simple- homeowner's insurance should be paying and going after the tree company.

 

[LarryFine]

Really simple- homeowner's insurance should be paying and going after the tree company.

Exactamundo. And I bet it's not too late to start a claim.

 

[infinity]

Just my two cents but you never should have stated anything in the contract about who is responsible for the damage. Lawyers ask simple questions like "did you witness someone damaging the pole", "are you an expert in damage analysis", etc? You just write up the cost to fix it and get the homeowner to pay. If the homeowner agrees to your fee schedule because it's an emergency then you're entitled to that payment amount. Where the money comes from is not your concern.

 

[AC\DC]

told him to go through insurance, his home owner insurance is now telling him they won't cover it. O well ill try and get my money. Life lesson, hope I learn from it. $3500 hits hard lol

 

[roger]

It looks like time for you to sue him and let him go after the others.

 

[4x4dually]

Owner should pay you...actually, should have paid you when the work was completed. It's his responsibility to get the tree company to pay up.

 

[petersonra]

told him to go through insurance, his home owner insurance is now telling him they won't cover it. O well ill try and get my money. Life lesson, hope I learn from it. $3500 hits hard lol

Insurance companies do not like it when you try to freeze them out of the claim up front. I would let him know you will be filing a lien unless he pays promptly.

 

[electrofelon]

told him to go through insurance, his home owner insurance is now telling him they won't cover it. O well ill try and get my money. Life lesson, hope I learn from it. $3500 hits hard lol

So is the homeowner refusing to pay, or not wanting to pay until he gets the money from either the insurance or the tree company?

 

[growler]

Got a call about a month ago, for a service that was Destroyed by lift that was trimming trees for the state. They broke a 30 foot pole, Local power company came and set a new one, and I reinstalled the service.

He said he had two company coming out on Monday to give estimates and he was going to chose so that is why he not doing it. The owner would of been without power in the snow for 4 days. Seems an emergency to me.

It's my understanding that only the owner of a property that can give permission for work to be done on the property.

If this company is doing work for the state they should have liabiltiy insurance and it's this insurance company that should be contacted. He should have contacted his insurance carrier when this happened.

His insurance company make not balk at a small claim like this. After the deductable it's probably not over 3 grand and maybe not that much.

 

[kwired]

Just my two cents but you never should have stated anything in the contract about who is responsible for the damage. Lawyers ask simple questions like "did you witness someone damaging the pole", "are you an expert in damage analysis", etc? You just write up the cost to fix it and get the homeowner to pay. If the homeowner agrees to your fee schedule because it's an emergency then you're entitled to that payment amount. Where the money comes from is not your concern.

Well, probably shouldn't state the tree company is liable. Could possibly provide some evidence that helps prove they caused the incident, like this damage likely only to occur during severe weather events or by the kind of equipment or activities that was being used by the tree company, and then gather weather statistics to show weather was not likely a factor at that time and nobody else was in the vicinity with other heavy equipment and doing such activity.

 

[AC\DC]

So is the homeowner refusing to pay, or not wanting to pay until he gets the money from either the insurance or the tree company?

He not refusing as of yet, I was giving him some time to try and have the other company settle this. I am giving him till end of week then getting paid or filling Lein. Either way I wish I was not a nice guy.

(or sucker)