Tree removal people broke sewage pipe. Are they responsible?

Question

A few days ago my family had a Tree removed from our front lawn. Today we found our house flooding in a few areas...a toilet overflowing and the basement from a pipe.

We called a plumbing service and we eventually found the problem. Near the tree we had removed the other day, there was a sewage pipe...and it seems the tree people broke the cap and about the top foot or so of the pipe (to which we had to dig to find...they dumped dirt overtop of it). The pipe got clogged as a result with pieces of the broken pipe and lots of dirt. We now have to have the front dug up and the pipe replaced so as to remove everything (snaking won't work).

The estimate to get this fixed is $2,500. The people who did the tree work are also going to be doing some other work outside our house (planting shrubs). We've paid about $900 so far. There's about $900 left. Of course we have the person's brother's business redoing our driveway and walkway as well...which we've paid 1,000$ of and have about $2,000 left to pay on that.

So anyway, my question is, are the tree people responsible for fixing the sewer they broke? They don't yet know about it (or at least they didn't tell us when it happened). The contact we signed says "Signing of this contract means you fully understand the terms and conditions and waive any right to a law suite" ... but nothing that I see about damages.

We aren't the type of people to want to sue or anything, but 2,500 for fixing this is just so much money and more than it even cost for the tree removal. It seems like they didn't do their job correctly and now it's costing us.

Answer 1

It sounds like a bad episode of all in the family.

They should be responsible for the damage they cause, I mean they don't have the right to f*#@ it up and just toss dirt over it just because they had you sign a paper.. Seems you need first to talk to the person in charge of the job and talk to the person driving equipment. They either need to make it all right and compensate you for the bill of the damage they created or get to meet your lawyer and lose work time by sitting in a court room.

Answer 2

The company will (or should) have insurance so that should they break or damage something while working around your house then it will be fixed under their insurance. Always make sure the tradesmen are insured.. They are responsible for breaking the pipe so they are responsible for having it fixed professionally..

Answer 3

The tree removal company should have insurance for this type of thing.  You need to tell them right away so they can contact their insurance company.  It would be good if you had lots of pictures to document the damage.

Answer 4

Call an attorney and the tree removal company and you insurance company.