I recently had a contractor do damage to 5 elm trees by my property. He cut the exterior roots of these elms. These are city owned trees but the property owners are responsible to maintain them. The city has invoiced me $39,000 for the replacement of these trees. My question is . . . I have heard that you can't kill an Elm. Do these trees have a chance to grow back?
Thank you.

Vicki

Reply to post by Vicki Boutilier, on September 25, 2001 at 14:50:40:

I think you need to provide more info, AND retain a consulting arborist and lawyer. What does it mean to cut exterior roots? Are the trees dead? (if they are dead, I guarantee they won't come back to life) Why are they invoicing you? Was the contractor negligent? Etc???

Lew

Reply to post by lew bloch, on September 25, 2001 at 14:50:40:

Lew had responded to my posted and has asked for additional information. I had hired a concrete contractor to pour rings around the trees and decorate with rock in order to make this area look better. The contractor decided to purchase existing concrete ring and place them around the trees. He realized that the rings were too small and in an attempt to get the rings to fit around the trees he cut the roots. He sued an ax or a saw to cut away the root flare. Some of the roots of the Siberian Elm were cut completely in two and otheres ere chipped away at the top leaving only half of the root. These are mature trees with diameters ranging between 22 and 36 incheds measured at DBH. The roots that are cut are probably 5 to 8 inches thick. You asked if the contractor was negligence in this. . . you bet. You asked why I'm being invoiced. . . in our city code it places full responsiblity on the property owner not the contractor. You suggested a lawyer and yes I am getting one. The trees are NOT dead and show no signs of them dieing. The Forestry department has said that they want the trees to come down because them could fall with the right circumstances. The city wants them to be cut down right away and collect $39,000 in damages. I don't have $39,000 and feel that is quite high. So far it's only the opinion of the forestry department that they are going to die. And I'm not convinced 100% that this root damage may cause them to fall over. How deep are roots on Elm trees? They were planted around 1931. I'm just wondering if anyone has ever heard of something like this. Is $39,000 a reasonable value for Elm trees? By the way, I don't believe that the contractor has insurance, so I'm on my own on this one. My insurance covers trees $500.
Thank you
Vicki

Reply to post by Vicki, on September 25, 2001 at 17:35:00:

I am really sorry for you and your predicament there Vicki. Certainly go ahead and get a report from the best qualified, independant, consulting arborist you can find/afford. How did your contractor operate without insurance? Is it not a pre-requisite in your state, in order to become a licensed contractor?? I Really hope a lot of folks read this thread and, hopefully, avoid this problem for themselves. Good Luck, James.

Reply to post by Vicki Boutilier, on September 25, 2001 at 14:50:40:

Sounds like you've gotten good advice here: get a lawyer and a good consulting arborist.

There are two big and distinct issues: 1) structual stability... if the trees were indeed made unsafe they may have to be removed and your contractor caused that loss; 2) tree health... even if they do not die they may be unsafe, and if they do die they will really become unsafe.

If I understand this situation correctly the City owns the trees. Your City code has you responsible for the maintenance of City owned trees (as I understand it this is common in PA and DE, maybe other areas). But that does not seem to be the real issue here... yoour contractor damaged City property... liability for this would probably apply irrespective of the statutory maintenance burden. Liability should pass to the contractor but you retained the contractor and are the City's obvious target. Your insurance policy limit (I think you said $500) may be the Property Damage coverage for damage to YOUR trees. You may have find that you have Casualty coverage for property of OTHERS that is not so limited.

Get a LAWYER and a CONSULTING ARBORIST and get the facts straight with your insurance company.

Reply to post by Vicki, on September 25, 2001 at 17:35:00:

I, too wonder how your contractor operates without insurance. Perhaps your lawyer will want to bring the contractor in as an additional law suit, as he may have some assetts, such as equipment. At any rate, you do need a qualified consulting arborist to determine if the trees are in any danger of falling, which is more important than if they are going to die. He or she can also appraise the value of damages correctly by applying percentage factors for species, condition and location, which the municipality probably did not do.

GOOD LUCK!!!!

lew