Yard torn up by tree removalists

347Stroker · 04-03-2006, 10:43 AM

What would you do?

I have had some trees fell in the yard in preparation for the shed, and basically have 4 very large iron bark logs about 20m in length in the yard.
I contacted Enrights Saw Mill of Beaudesert QLD to come and remove the logs.
All was going well untill he was leaving, loaded with the logs, and got bogged.
Well, it just got worse and worse.
They got another truck in, and tried to remove him, but that didnt work, then they tried with the Hiab, nope, now down to the axle....
Finally, they left the truck on my property overnight, and removed it with a crane at just before 7 this morning.
Now I have 4 logs in a different spot in my yard, and some huge trenches where they dragged the truck out.
They claim its my fault....

What do you think?

flappist · 04-03-2006, 10:47 AM

Quote:

Originally Posted by 347Stroker

What would you do?

I have had some trees fell in the yard in preparation for the shed, and basically have 4 very large iron bark logs about 20m in length in the yard.
I contacted Enrights Saw Mill of Beaudesert QLD to come and remove the logs.
All was going well untill he was leaving, loaded with the logs, and got bogged.
Well, it just got worse and worse.
They got another truck in, and tried to remove him, but that didnt work, then they tried with the Hiab, nope, now down to the axle....
Finally, they left the truck on my property overnight, and removed it with a crane at just before 7 this morning.
Now I have 4 logs in a different spot in my yard, and some huge trenches where they dragged the truck out.
They claim its my fault....

What do you think?

Photographs & small claims......

LUXO_8 · 04-03-2006, 11:05 AM

thats not on mate. no way thats your fault....

the seccond they realised they were gonna get bogged they should have stopped and brought in the crane.......
as mentioned photo's and small claims case

BJ · 04-03-2006, 11:45 AM

Quote:

Originally Posted by 347Stroker

What would you do?

I have had some trees fell in the yard in preparation for the shed, and basically have 4 very large iron bark logs about 20m in length in the yard.
I contacted Enrights Saw Mill of Beaudesert QLD to come and remove the logs.
All was going well until he was leaving, loaded with the logs, and got bogged.
Well, it just got worse and worse.
They got another truck in, and tried to remove him, but that didn't work, then they tried with the Hiab, nope, now down to the axle....
Finally, they left the truck on my property overnight, and removed it with a crane at just before 7 this morning.
Now I have 4 logs in a different spot in my yard, and some huge trenches where they dragged the truck out.
They claim its my fault....

What do you think?

I use to fell trees and this was one of the main problems we use to have. It is 50/50. They should have assets the situation first and seen that it was two wet for them to load the truck up like that and you should have made the decision for them to stop before it got that far. In one way the should at least fill in were the truck dug up the back yard. Hope you get it sorted out.

347Stroker · 04-03-2006, 12:24 PM

Quote:

Originally Posted by BJ

I use to fell trees and this was one of the main problems we use to have. It is 50/50. They should have assets the situation first and seen that it was two wet for them to load the truck up like that and you should have made the decision for them to stop before it got that far. In one way the should at least fill in were the truck dug up the back yard. Hope you get it sorted out.

The driver walked the route to see how wet it was, and they were 5 hours late, on a rainy day. I have plenty of photos, and the fact that they left the logs in a position that is going to cost me alot of money doesnt help. When they brought in the second truck, we removed the side fence for them to get access, and they tore all it up, and operated so unsafely that workcover would have had a field day. They then brought the truck in through the drive, running over the path around the house, cracking the corner of the slab at the front of the house.
Then they tried to pull it out forwards, spinning and sliding into the garden bed, breaking it too.
When they were dragging it out this morning, they pulled it through the table drain up the side of the house, bogging it again, and then skull dragged it through there too, ripping it all up, and covering the road with mud.
I have since tried to speak to the owner of Enrights only to be told that they wont speak to me, and to have my solicitors contact them. Communication ended with them hanging up.
I was told that they were entering my property at between 9-10 AM today to collect the truck with a crane, but they snuck in at 6:30 this morning.
I was not going to let them on the property till I had confirmation of repair to collect their truck. They came in very early, obviously thinking this may happen....
I will add, that at no time did I say anything to them about any of this yesterday, and only after they removed the truck this morning, which woke me, did I ask "so do you get a bobcat in to fix this up now" and was told, no its your problem...
I would think that as a professional, they should not have undertaken a task if they thought that damage to my property would be the outcome.

I have since taken many photos, also with the company name etc. in my yard and spoken to my legal counsel.

LUXO_8 · 04-03-2006, 12:38 PM

geez, sounds like they made a right mess of it.....

347Stroker · 04-03-2006, 12:40 PM

I will load up some pics if you like...

**Mechan1k** · 04-03-2006, 12:43 PM

If it was a rainy day ... they would have known in the first place no to drive in ... even if they did walk the route ... we had a timber truck arrive at our place ... he walked the paddock he had to drive through ... he said even though it felt slightly damp underfoot ... the truck would make a right mess and he might even get stuck.

He left and came back another day when it was dry.

By the sounds of it the fellers didn't assess the area properly ... and it sounds like they just drive in and loaded up without thinking.

Definitely take photos and take it to small claims.

FordFan86 · 04-03-2006, 12:43 PM

Picsssssssss
Sounds like they made a mess of things.
By the sounds of the phone call their superiors know this and know there is ИИИИ to pay.

347Stroker · 04-03-2006, 01:14 PM

Heres some pics

LUXO_8 · 04-03-2006, 01:17 PM

messy.....

vegabass · 04-03-2006, 01:29 PM

Thats not cool! Nice back yard anyway. We might as well turn it into a speedway loop!

Laminge · 04-03-2006, 01:40 PM

Had the same thing, but not the lawn, cracked driveway

Put in an insurance claim and let the insurance company handle it.

You have done well by having pictures taken, contact your insurance mob

**Mechan1k** · 04-03-2006, 01:49 PM

Yeah ... your insurance company will be able to do more than you will ... they can be ruthless ... and will make sure they get the money out of them.

They really screwed up your lawn and garden bed though.

We had our side driveway screwed up a bit ... but it's not the best in the first place .. we just borrowed and excavator off a friend and fixed it .. but messing a lawn up like that .... no way ... that's just bad

347Stroker · 04-03-2006, 01:56 PM

Thanks Minge and Mechan1k, never thought of insurance..on the phone to them as I type.
I cant believe that a company as large as Enrights would do such a thing, and then to be so insolent as to tell me they will do nothing, and refuse to speak to me, and get my solicitor to do it.
Very unprofessional in my eyes, and poor customer service.

347Stroker · 04-03-2006, 02:17 PM

Just been told by Suncorp that they do not cover damage to grass/lawn in the policy. They will though fix up concrete, garden edging etc.
Hmmmm..............

pauljh74 · 04-03-2006, 03:06 PM

Something you can do if they won't play ball is put a sign up in your front yard warning people not to use said company and another on your car - a mobile anti advertisement.
As for them saying it's your fault - them being the professionals should know when it's a bad idea to drive a heavy truck into an area where the truck might get bogged. How is the average person employing their service supposed to know this?

schmidty · 04-03-2006, 03:12 PM

Do you have any paperwork off the saw millers? I know with most of the places i buy timber from and also building supplies like brick sand etc it states on their paperwork that the company involved is only liable for what happens on public roadway. As soon as they take the truck beyond the kerb it becomes the owners or in my case the builders responsibility. Had trucks bogged a few times but luckily for me at the time i had a hilux with a winch. Worst was on a sloping site when the truck got away sideways and came to rest on an embankment but a local earthmover dragged it out with his 20ton excavator which was working just down the street!

Laminge · 04-03-2006, 03:13 PM

Now you got your insurance onto it, they should also have insurance to cover damages, if not time to get workcover on the phone.

347Stroker · 04-03-2006, 03:41 PM

I have no contract or paperwork from Enrights, seeing that they never faxed it to me as promised. The deal was for them to buy the logs off me. Legally, I have signed nothing, and did not permiss them to destroy my yard. I did try to help by cutting down the fence, and removing a fence post, and that is all.
I gather Workcover would love to see the trip hazzards and dangerous ground left unfenced, or signposted for that matter....
I would imagine that the council would love to see what they have done to the nature strip and table drain...

On the matter of the billboard....I was considering making one up, and setting it up in the tray of a ute I have here, and parking it out the front of the saw mill, titled "This is what Enrights did to my yard. They claim no responsibility and will not repair damages"

rag top · 04-03-2006, 03:51 PM

ACA? Today Tonight???

347Stroker · 04-03-2006, 04:13 PM

Quote:

Originally Posted by '67

ACA? Today Tonight???

Emailed Today Tonight about 2 hours ago.......
I am speechless that they have no remorse for their actions.

max^power · 04-03-2006, 04:19 PM

did they end up taking their/your logs? i hope they paid up!

Mrs347stroker · 04-03-2006, 05:14 PM

Quote:

Originally Posted by max^power

did they end up taking their/your logs? i hope they paid up!

Nope the bloody logs are still in our backyard. Just left with out taking them. Now they are impossible to move cause the yard is to wet.

BJ · 04-03-2006, 06:25 PM

Quote:

Originally Posted by Mrs347stroker

Nope the bloody logs are still in our backyard. Just left with out taking them. Now they are impossible to move cause the yard is to wet.

I hope you take them to the cleaners guys. if that had of been me i would not have driven on to the property. Theses people are nuts to not want to help you. This will only do them a disservice in the long run.

rodderz · 04-03-2006, 04:21 PM

Some deliveries from garden yards I have got have a little disclaimer on them that says something along the lines that they are not responsible for damages once inside the property line of the delivery address

But, you have no paperwork from them for you to read and witness this if it applies, and if they were confidant on their own that they could do the job I would hold them responsible. If you had pressured them maybe not, but they have come in early and got it out no matter what, which I would regard as being their responsibility and fault for the damage

Racecraft · 04-03-2006, 06:55 PM

and here Mandy was complaining about alittle circle work on the lawn...well well it is mind boggling they chewed it to bits and then still didn't have the decency to remove the logs.. Can you fill the trenches with cans? :P

Phil91EB · 04-03-2006, 08:16 PM

This is probably a bit far fetched but seeing as there is no paper work ring the cops and tell them that they offered to take the logs and pay cash off the books then came onto your yard got bogged returned the next day at a time not suitable (not supposed to start outside work until 7am I think) dug up the place trying to get their truck out and now wont claim responsibility.
Its your word against theirs if there is no paper work.

As I said its a bit far fetched

:

LUXO_8 · 04-03-2006, 08:18 PM

Quote:

Originally Posted by Phil91EB

This is probably a bit far fetched but seeing as there is no paper work ring the cops and tell them that they offered to take the logs and pay cash off the books then came onto your yard got bogged returned the next day at a time not suitable (not supposed to start outside work until 7am I think) dug up the place trying to get their truck out and now wont claim responsibility.
Its your word against theirs if there is no paper work.

As I said its a bit far fetched

:

why should he lie about it, never read so much crap in all my life

thats not "far fetched" as you put it, its pathetic.....

Phil91EB · 04-03-2006, 08:37 PM

Quote:

Originally Posted by MADNC_8

why should he lie about it, never read so much crap in all my life

thats not "far fetched" as you put it, its pathetic.....

Geez mate take it easy it was just another idea throw out there if nothing else worked "pathetic" as it may be.
They may actually get off there ИИИИ if the cops get involved but after reading it again seems highly unlikely It looks as though they think they will win if it goes to court so I think insurance and get the stuff fixed that is covered. Council are always interested to find out what happens to their land and Workcover will be very interested in their work practices.