• Go to page :
  • 123 4 5
  • Text Only
I would like to give a different perspective. I am on the OP's side and think he should sue this septic company. I had something similar happen to the company I work for back in 2007. There was no video, just hearsay from another sub on the job telling the superintendent what allegedly happened.

--My company make a delivery comes back to the shop.
--Next day super calls and tells us our driver drove over the black ABS sewer pipe in the front yard.
--Our truck has no damage and we have a pretty good policy to not drive through peoples yards. (where the pipe is located.)
--He tells us it was obviously our black truck that the subs saw it perfectly.
--This is funny because we have nothing but white delivery vehicles.
--He says it must of been our black trailer that he saw instead.
--Nope, our trailers are red and white as well.
--He argues that it must of been us despite that he has no evidence and only hearsay from another sub on the job.

He ended up shorting us $500 on the next invoice for repairs. It was not worth it to us to lein the property because he had about 12 other starts lined up. Unfortunately, the economy crapped out and he never bought from us again. The good news is I believe that company went bankrupt.

TL;DR:A home builder blamed us for damaged done to their property despite having no evidence and conflicting witnesses. Still shorted us for the repair.

OP has evidence. He should sue.

Al3xK said:   I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cashIf some drunk falls out of the golf cart and hits his forehead just right, he could die and his heirs could sue you for everything you own.

Al3xK said:   062703 said:   Al3xK said:   ^^^I think it's better to notify and see if a resolution can be made before spending any money and expecting full reimbursement, even though you're entitled to it.


EDIT: @062703: If it were much worse, then I completely agree. I think the supporting picture of the tire track just shows very little damage. If he'd taken a picture of the broken parts or sent a list of parts that needed replaced, that'd be a different story. It sounds like it's just the $3 part though.


Do you have any experience with situations like OP's? I have plenty. It's much better to pay to have everything fixed by a professional than someone who may or may not know what they are doing, fix it for as cheap as they possibly can. Then you don't have the headache of taking care of future problems if they made faulty repairs.


My house was built in 1904 so I've had my share of repairs. And I'm not against the OP...I'm trying to see both sides here. And sprinklers aren't rocket science by any means. Maybe to an untrained eye they could be.


You've had your share of random people damaging your property?

No, sprinklers aren't rocket science, but tell that to the cable contractors that fixed the pvc they plowed through when they buried my cable by splicing it with a smaller piece of pvc and not even bothering to use adhesive. Op likely doesn't know much about sprinkler systems.

Allowing some person you aren't paying, that may or may not know what they are doing, that you've never even met before fix property of yours they broke will eventually end badly for you.

OP, I'd also call the landscaping company to replace the damaged sod. It is another $150 easely. Just my 2c
Thank you for sharing

062703 said:   You've had your share of random people damaging your property?

No, sprinklers aren't rocket science, but tell that to the cable contractors that fixed the pvc they plowed through when they buried my cable by splicing it with a smaller piece of pvc and not even bothering to use adhesive. Op likely doesn't know much about sprinkler systems.

Allowing some person you aren't paying, that may or may not know what they are doing, that you've never even met before fix property of yours they broke will eventually end badly for you.


Yes MANY people. My home is a stones throw from the bar district (actually I can hit a bar with a rock) where all of the college graduates move. I had drunks walking through my yard several times a week dropping beer bottles and screwing with my cars. I woke up to a drunk mowing a penis into my lawn once (with my mower), and another time mowing the SNOW.

xoneinax said:   Al3xK said:   I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cashIf some drunk falls out of the golf cart and hits his forehead just right, he could die and his heirs could sue you for everything you own.
Yes in AZ, I believe you insure/plate them like a car. I was going to spend the extra $$$ for a beefy insurance policy and form an LLC. If somebody died or whatever, I'd just let them have the golf cart and go after my insurance and the company would die. I was planning on keeping my personal assets VERY separate so they couldn't go after those.

Al3xK said:   I'd like to play devil's advocate here for just a second, so I'm sure this will get red because of the overwhelming support for the OP in this thread. This was compared to a car accident where you have the right to choose who fixes your car, and I don't think that's very accurate.

The sprinkler heads are ~$3 at Lowes, and you just unscrew/screw them in pretty much. This isn't paint work or body damage. The OP had already paid $110 before informing the company or giving them a chance to remedy.

I see where the owner might be a little upset, after he receives a picture that shows a truck tire through a yard, and then gets an abrasive demand for $110. I'd probably be a little upset as a business owner when I see what appears to be just grass with a little tire track through it.


But, as a business owner you know how other businesses mark up those items. No way if the OP called a service would that service only charge $3 for a sprinkler. Add in a "service" call and I can see a business charging a customer $110 easy.

Bizatch said:   Create a YouTube video describing everything. Include some of the DVR footage.
Post the Youtube link here.
Within 48 hours I'll have that video coming up as the #1 search result when searching for that company's name on Google.

+1 United Breaks Guitars video is so great that my pre-teens recognize them negatively whenever we're in the airport (flying AA).

Couple answers to questions.

- State is Florida.
- Irrigation is on a shallow well, so no water bill.
- The DVR is just a cheap 16 port from eBay, but works well. $400 for DVR, cameras and cable. I have three teenage sons and my wife and I
installed it to monitor things when we are not home. When we go on vacation and such, its nice to "look in" on the house. Its also good when
someone comes to the door at night, can just pop up the app on my phone and see who it is. Anyway, you get the point.

I talked with the company again today via phone. I spoke to another guy, the Operations Manager. I did threaten to call the police
and call a licensed landscape contractor out to the house for an estimate. He was just as unfriendly, but mind you, I was upset as well.
I also told him I want an additional $200 for the estimated repair of the turf and ground, now that the company has pushed me to this level.
He said he would contact me back regarding my additional demands. So basically, Im being a jerk and I demanded a little more than $300 now.

I just got this email back from him, basically saying the same thing the first guy said, he must have looked at the pictures from the first
email sent, since he referred to the sprinkler damage:

---------------

I would like to see the dvr recording that you have showing our truck going through your grass. I don't see any damaged sprinkler heads, I would have appreciated a phone call before you had any repairs done as I have a full plumbing staff..

HIS NAME NUMBER ETC...

---------------

My feeling is he wants to see the entire video because the name on the truck is not very viewable. That is all I can think of because the pictures of the event, as i attached here, clearly show the truck going through the grass.

saladdin said:   Al3xK said:   I'd like to play devil's advocate here for just a second, so I'm sure this will get red because of the overwhelming support for the OP in this thread. This was compared to a car accident where you have the right to choose who fixes your car, and I don't think that's very accurate.

The sprinkler heads are ~$3 at Lowes, and you just unscrew/screw them in pretty much. This isn't paint work or body damage. The OP had already paid $110 before informing the company or giving them a chance to remedy.

I see where the owner might be a little upset, after he receives a picture that shows a truck tire through a yard, and then gets an abrasive demand for $110. I'd probably be a little upset as a business owner when I see what appears to be just grass with a little tire track through it.


But, as a business owner you know how other businesses mark up those items. No way if the OP called a service would that service only charge $3 for a sprinkler. Add in a "service" call and I can see a business charging a customer $110 easy.


Just FYI. It was a RainBird Rotor Head. Not $3.. Plus who goes to someones house for less than $75 these days as a licensed contractor. Edit: Plus it was a Saturday morning! There are three rotors in the yard on one zone. One in the
middle, one on the left and one on the right.

Sorry, just upset about this whole ordeal and you sound just like a company representative!

I didnt feel the charge was out of line.

saladdin said:   Al3xK said:   I'd like to play devil's advocate here for just a second, so I'm sure this will get red because of the overwhelming support for the OP in this thread. This was compared to a car accident where you have the right to choose who fixes your car, and I don't think that's very accurate.

The sprinkler heads are ~$3 at Lowes, and you just unscrew/screw them in pretty much. This isn't paint work or body damage. The OP had already paid $110 before informing the company or giving them a chance to remedy.

I see where the owner might be a little upset, after he receives a picture that shows a truck tire through a yard, and then gets an abrasive demand for $110. I'd probably be a little upset as a business owner when I see what appears to be just grass with a little tire track through it.


But, as a business owner you know how other businesses mark up those items. No way if the OP called a service would that service only charge $3 for a sprinkler. Add in a "service" call and I can see a business charging a customer $110 easy.


Oh the $110 is completely fair, no doubt. But if the company who did the damage has a full pluming crew, it'd cost them $3/+fuel/+labor and they'd write it off. And again, the picture is not very damning. It shows a tire track.

I think the business should have been notified that a problem even existed first to see what they could do and if it'd be acceptable. And think if I'm right, where a $3 sprinkler head just needed unscrewed and replaced.


EDIT: ~$8 sprinkler head sorry (here)

Clearly they're not going to budge. Talking to them further will just infuriate you further.
A police report will be the next course of action now. Followed by the certified letter approach as previously mentioned.
I would provide them with nothing further regarding the video. It seems that they are just looking for something to hold against you, and give them the ability to refute at this point.
I agree with keeping the neighbor out of it until necessary. However, a copy of his bill showing the time/date they serviced his residence, along with his testimony and your video may be important at a later date.

Honestly, I can't see a local news channel NOT wanting to do a 3-4 minute piece on this considering that you already have 30-45 seconds of video footage for them. I'd wait around till the 8 o'clock news to watch if I saw a preview of this BS.

This situation is a perfect example of why picking up the telephone is still my favorite approach. OP thought he was being stern but considerate in sending the email, but the guy on the other end read it as hostile and antagonistic. That's the problem with the written word. Not to mention that the message was a little overly dramatic. C'mon, a geyser? A "huge" tire indentation? Isn't that a bit much?

A little off topic, but who installs sprinkler heads right there on the right of way anyway? Friends never pull up on the grass in front of your house? Mailman never parks there for a second? As much as I dislike people driving on my grass, it still happens fairly often.

[Q=Al3xK;17238522I think the business should have bee]n notified that a problem even existed first to see what they could do and if it'd be acceptable. And think if I'm right, where a $3 sprinkler head just needed unscrewed and replaced.
EDIT: ~$8 sprinkler head sorry (here)
$8, $3, doesn't matter. What happens when the company rep comes out, claims that it's "just the head", replaces it and the OP finds out due to pooling water a week later that the pipe a few feet down had cracked? The $110 if nothing else is also paying for piece of mind, that a neutral 3rd party contractor made the fix and didn't skimp. The exact same reason why someone can choose their own auto repair shop.

OP, be careful with the sod claim though as I've discussed sod damage with the Sheriff dept here (we had kids think it's funny to do donuts) and the police won't cite it as vandalism because it's just grass & dirt. YMMV

Its over. The Operations Manager just called me back and said they would pay for the sprinkler repair, nothing else. I agreed.

Kind of weak being that your lawn is damaged, but you agreed so I assume you are happy with it. Congratulations!

Another option would have been to contact the local news. They typically have a segment for reporting bad businesses. Since you had the event on video, you could have created a short video for them to air. That would have given you leverage over the contractor company.

Al3xK said:   062703 said:   You've had your share of random people damaging your property?

No, sprinklers aren't rocket science, but tell that to the cable contractors that fixed the pvc they plowed through when they buried my cable by splicing it with a smaller piece of pvc and not even bothering to use adhesive. Op likely doesn't know much about sprinkler systems.

Allowing some person you aren't paying, that may or may not know what they are doing, that you've never even met before fix property of yours they broke will eventually end badly for you.


Yes MANY people. My home is a stones throw from the bar district (actually I can hit a bar with a rock) where all of the college graduates move. I had drunks walking through my yard several times a week dropping beer bottles and screwing with my cars. I woke up to a drunk mowing a penis into my lawn once (with my mower), and another time mowing the SNOW.

xoneinax said:   Al3xK said:   I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cashIf some drunk falls out of the golf cart and hits his forehead just right, he could die and his heirs could sue you for everything you own.
Yes in AZ, I believe you insure/plate them like a car. I was going to spend the extra $$$ for a beefy insurance policy and form an LLC. If somebody died or whatever, I'd just let them have the golf cart and go after my insurance and the company would die. I was planning on keeping my personal assets VERY separate so they couldn't go after those.


So you think its a good idea to ask drunk vandals to fix the damage they intentionally inflicted on your property?

lol you win

gasaver said:   I would give the guy one more chance. Send a follow up email stating you appreciated their quick return call to your email, and the call Monday as promised. Then shortly document the call: Note his contention that you should have let him fix it, note that you only allow irrigation professionals to work on your irrigation, and note his direction to sue him and that he hung up. Advise him that you will allow until x date to receive full reimbursement, after which you will do as asked, and sue. You may wish to note that since you don't have time to mess with this, you will hire an attorney to handle the suit and will include recovery of attorney fees. Send the letter registered mail return receipt, and scan the registration and send the letter with that via email.

Then proceed accordingly.

And do everything in writing. No phone calls

062703 said:   Al3xK said:   062703 said:   You've had your share of random people damaging your property?

No, sprinklers aren't rocket science, but tell that to the cable contractors that fixed the pvc they plowed through when they buried my cable by splicing it with a smaller piece of pvc and not even bothering to use adhesive. Op likely doesn't know much about sprinkler systems.

Allowing some person you aren't paying, that may or may not know what they are doing, that you've never even met before fix property of yours they broke will eventually end badly for you.


Yes MANY people. My home is a stones throw from the bar district (actually I can hit a bar with a rock) where all of the college graduates move. I had drunks walking through my yard several times a week dropping beer bottles and screwing with my cars. I woke up to a drunk mowing a penis into my lawn once (with my mower), and another time mowing the SNOW.

xoneinax said:   Al3xK said:   I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cashIf some drunk falls out of the golf cart and hits his forehead just right, he could die and his heirs could sue you for everything you own.
Yes in AZ, I believe you insure/plate them like a car. I was going to spend the extra $$$ for a beefy insurance policy and form an LLC. If somebody died or whatever, I'd just let them have the golf cart and go after my insurance and the company would die. I was planning on keeping my personal assets VERY separate so they couldn't go after those.


So you think its a good idea to ask drunk vandals to fix the damage they intentionally inflicted on your property?

lol


Heh that was just some of the funny examples. I've had mailboxes knocked down. Roofers who've caused leaks that have damaged other things.

And again, I supported the OP suing. I just wanted to try and see some of the other side. I agree with DCWilbur's post hereabout the situation

how much out of the $110 will the sprinkler head cover? probably not a lot?

Why don't you go after the neighbor?

The neighbor hired the contractor and is responsible for any damage caused to you by his contractor. He can then go after the contractor.

Lappie said:   Its over. The Operations Manager just called me back and said they would pay for the sprinkler repair, nothing else. I agreed.

I'm glad you found resolution and you obviously feel well-compensated since you agreed to the repair bill.








But secretly I wanted to see this one turn into a FWF classic.

Now sue them for mental anguish!!

Logan71 said:   >> Is there a hit and run case here? What does the video tape show - did the drivers get out and look at the damage they caused?

How do you 'hit and run' an irrigation system? Inquiring minds want to know.

OP, regardless of the messiness caused by the septic contractor, I think I'd share some of the owner's attitude with your neighbor. The septic business seems to be very territorial/competitive, so it doesn't make good business sense that the owner would behave this way. Word of mouth might be useful come his renewal time. I cant help but wonder if this is a problematic son or son-in-law that was driving.

<Sent from my comfty abode with a what-can-we-do-to-ensure-you're-a-happy-customer? Septic Service that takes care of my poo needs)


"Hit and run" probably do not apply, but if the tape show that everything is normal and after the driver drove over the lawn, stop to look with water gushing out and then just left - then you should file a police report of "leaving the scene of an accident". Because clearly the driver know an accident have occurred just as if he took down a porch and just left.

BradisBrad said:   Lappie said:   Its over. The Operations Manager just called me back and said they would pay for the sprinkler repair, nothing else. I agreed.

I'm glad you found resolution and you obviously feel well-compensated since you agreed to the repair bill.








But secretly I wanted to see this one turn into a FWF classic.

77Rus said:   OP, I'd also call the landscaping company to replace the damaged sod. It is another $150 easely. Just my 2c
Thank you for sharing

did you look at the photo? it's barely even a mark on the grass.

OP - glad it worked out....although i also wish it would have become a lengthy litigation saga

This thread sure does get a lot of green while the guy that "records" his UPS packages get bent over and reamed. The OP and DVR are essentially in the same situation.

bocajava said:   Logan71 said:   >> Is there a hit and run case here? What does the video tape show - did the drivers get out and look at the damage they caused?

How do you 'hit and run' an irrigation system? Inquiring minds want to know.

OP, regardless of the messiness caused by the septic contractor, I think I'd share some of the owner's attitude with your neighbor. The septic business seems to be very territorial/competitive, so it doesn't make good business sense that the owner would behave this way. Word of mouth might be useful come his renewal time. I cant help but wonder if this is a problematic son or son-in-law that was driving.

<Sent from my comfty abode with a what-can-we-do-to-ensure-you're-a-happy-customer? Septic Service that takes care of my poo needs)


"Hit and run" probably do not apply, but if the tape show that everything is normal and after the driver drove over the lawn, stop to look with water gushing out and then just left - then you should file a police report of "leaving the scene of an accident". Because clearly the driver know an accident have occurred just as if he took down a porch and just left.

The sprinkler was on a timer, so the geyser didn't appear until the sprinkler went on some time later

i3ighead said:   This thread sure does get a lot of green while the guy that "records" his UPS packages get bent over and reamed. The OP and DVR are essentially in the same situation.
This op posted pics

Raf2 said:   Small claims - or The People's Court; Judge Marilyn Milian will rip that guy a new one. 8 minutes to Wapner...

Post the DVR video on youtube. Be Factual. Show your email on the YouTube video. Act out the guy's response in the video. Include the company's personal info in the video Post a link here on FWF. At least 100 of us will email the guy calling him an asshole. It's not harassment if other people do it.

It's not libel or slander if it's true and you have the DVR to back it up.

Eat the $110 loss. The entertainment value of knowing you screwed him will be worth it.

If they just send him the $110 without a release and confidentiality clause he can take the money and still make the video

Or take the money as payment towards the sprinkler head and find other things to file a small claims case about, just because.

cows123 said:   The company should have insurence. When you sue (Using an attorney, who will get one third-maybe you can go after attorney fees also), the company will be represented by their insurance carrier's counsel (or the owner's). It is cheaper for the carrier to settle than let this drag on, especially when you have evidence. Contact an attorney.
It's a good thing OP got his money on this, because no lawyer anywhere will take this case, even as easy as it would be, for $37.

Make the hit and run report.... you will get paid very quickly. It's as legit as it gets, if he didn't leave a note it's a misdemeanor hit and run with property damage. That will make it very difficult for the business owner to acquire insurance and it will instigate an investigation from the police department. The question is, did he know he ran over your grass... this sort of leaves him an out so to speak but it doesn't let him off the hook for the repairs.

didnt read whole thread. glad you got your $$$

Lappie said:   Its over. The Operations Manager just called me back and said they would pay for the sprinkler repair, nothing else. I agreed.

he probably talked to his guy and his guy fess'd up

then Operations Manager decided to point his anger in another direction and move on

nullterm said:   

Marabout, it's people like you that enable these companies to be aholes. I can't believe you think that it's unreasonable for OP to sue. You are such a pushover!


I said nothing of the sort! Of course it's reasonable for the OP to sue. I was just suggesting an alternative for the future that would likely lead to an easier solution for people than getting into a confrontation and then having to sue to get reimbursed. If it doesn't work, what's the harm? You just sue the then. But you'll have a better chance at getting the situation fixed right away if you let the damaging party know about it before you go spend money to get it fixed and then send then a message with the tone the OP used.

Edit: just saw the resolution. Glad you were able to work it out with a couple of phone calls!

SUCKISSTAPLES said:   If they just send him the $110 without a release and confidentiality clause he can take the money and still make the video
Shhh

RidicuRuss said:   Raf2 said:   Small claims - or The People's Court; Judge Marilyn Milian will rip that guy a new one. 8 minutes to Wapner...
Just what OP needed, after getting his property damaged, and being bullied by a jerk. Then some clown tv judge will start screaming at him, because his kids were at the grandparents house when the incident occurred. "You left your children with your elderly parents!! I don't want to hear anymore!!" After he loses he can explain to Doug Llewelyn that his kids are adults.



Disclaimer: By providing links to other sites, FatWallet.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to FatWallet.com.

Thanks for visiting FatWallet.com. Join for free to remove this ad.

TRUSTe online privacy certification

While FatWallet makes every effort to post correct information, offers are subject to change without notice.
Some exclusions may apply based upon merchant policies.
© 1999-2014