Workman Problems - Advice again, please

[neadods]

I still can't win for losing.

The lightning-struck tree was cut down. And although I went with the recommendation of someone who is very particular about their property, I've got several problems.

1) I wanted the mulch. I didn't want a huge pile of untreated mulch left right next to my wooden house. (So close that it's cutting off a walkway and an area with obvious tire tracks.)

2) I specified wood cut into firewood lengths (with one exception) and stacked behind the garage. What I've got are massive cross-sections of trunk tossed randomly behind the garage.

3) The exception to chopping/mulching was to branches between 1-3 inches in diameter (and this was written INTO THE CONTRACT.) I intended to sell that wood for walking sticks and wands. It was all turned into that mulch I have to move. The guy running the contract has offered to bring me other branches; I'm not quite getting it into his head that the sales deal was for *lightning struck wood* not just "wood."

4) Adding insult to injury, I pointed out the wonderful jagged part of the trunk where the wood broke off and told him that I wanted to keep that. He specified that the trunk be left 1 foot high to preserve it. The stump's a foot high all right... but you can see the mark of the chainsaw that started to cut it lower... cutting out all of the wonderful stuff that I wanted to keep.

I don't even have a picture of that part of the trunk. I was going to take it when it was the stump. I'm actually crying about losing that. It absolutely breaks my heart to have lost that beautiful, natural work of art.

Now... he's coming to talk to me tomorrow. I have not yet paid, although I do intend to because he did drop the tree. But he also abrogated one thing that we discussed face to face and one part of the contract as written. And I don't even know how he can make it right. What I wanted is gone and can't be given back or replaced.

Now what?

Comments

[nonelvis]

Regardless of whether these items were specifically in the contract, he also either deliberately or accidentally ignored contractual obligations. He needs to make this right. At minimum, he needs to re-cut the firewood properly; giant chunks of tree aren't firewood. Ideally, he should also move the mulch to your specified location.

And of course, he owes you an apology for screwing up in the first place.

[neotoma.livejournal.com]

I'm not quite getting it into his head that the sales deal was for *lightning struck wood* not just "wood."

The only thing I can think to say to him is that you were going to sell the branches as 'lightning-struck wood', which you could get a substantially higher price for than just 'wood'. Most people will understand that something was more valueable, even if they don't get the reason for the value.

I think you'd certainly have a case in small claims court to pay him only a part of the price you agreed on. After all, you had a contract for specific work, with specific results. You got *some* of the work, but not the results, and he can't redo the work to give you the results you specified.

[gonzai55.livejournal.com]

On one and two, those are basic things that are supposed to be part of any project like this. If you ask them to put this here and stack that there, they're supposed to do it. Insist they redo those things, at their cost.

Three, you've got it in the contract. Hold him to it.

Good luck. Hopefully you won't need me, but I do work for a collections attorney...