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A tree service company comes to remove some large trees from my yard.
In the process they rut out the yard, run over and break multiple
multiple shrubs with the equipment they are using and drop large
portions of the cut trees onto other trees, damaging them. The
driveway was also cracked and completely broken in one area. The
contract was to also to grind the stumps for the cut trees.
After finding the damage I notify the company that I will not be
paying until I get estimates for the damage and that I will pay him
the difference of his cost minus the replacement for damages. He
refuses to come finish the work claiming he will not get paid, so why
take the chance to lose more money. And he refuses to give us his
insurance information. The contract we have states nothing about
damages, and the we must pay the entire invoice once the work is
completed. We were never informed about the possibility of such
damage or how the work was going to be done and the type of equipment.
We watch the work the first day and no damage was sustained, but the
following day when were not home all of the damage occured.He has
become threatening and I have a feeling this will end up in small
claims court so I have documented everything and I have a witness who
saw the damage as it took place. I have tried to be reasonable with
the company and nothing is working.
My questions:
Am I going about this the correct way?
Would the BBB be my next step, or should I get a lawyer?
Is he in breach of contract because he has not finished the work?
Any help, comments, or advise would be greatly appreciated.
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