I have been having trouble with a tree removal company.They were supposed to remove the larger logs and cut some of the smaller branches into manageable size for a log splitter to cut the wood for my fire place.I was quoted a price to cut the wood and leave the log splitter but the person that quoted me the cost is unavailable and now the people say that it is not enough money for the work.They have yet to finish the cutting but did leave the log splitter on my property.It's been weeks now and I want the job finished as my property is a mess.Can they go past my no trespassing signs and small fence to retrieve the log splitter.They have already been paid in full (my stupid mistake for believing they were men of their word) So far they have made no attempt to finish the job. They screen out my calls but they do answer after numerous attempts and always have an excuse they have not shown up.Can they pass my small fence and no trespassing signs to retrieve their equipment?
2007-07-24 11:11:11 · 8 answers · asked by redwingnut16 3 in Politics & Government ➔ Law Enforcement & Police
Can I prevent them from retrieving their equipment until the job is complete?
2007-07-24 11:15:11 · update #1
You do not own the log-splitter, so you can not keep it from them. To finish the job, contact a lawyer to contact them for you. Hopefully that would scare them into finishing the job.
They should not be allowed on your property if you do not want them there. However, if they want their log-splitter, all they would need to do is have a police officer go with them to get it.
2007-07-24 21:47:29 · answer #1 · answered by Vindicaire 5 · 0⤊ 1⤋
Since the log splitter is needed to finish the job, I would use a strong chain to attach it to something so that I cannot be moved.
If I were the cutting company, I would go onto your property when you were not at home or at dawn when you were asleep and just retrieve it. Once it is in their possession, there is very little that you can do, even with the signs. Incidentally, since you hired them to do a job on your property, they have an implicit right to come onto your property and ignore the signs.
Years ago, I had work done which involved a bulldozer in my backyard. Once the machine was in place, I blocked its exit with my car. The contractor understood that it was my guarantee that the project would be completed. It was.
2007-07-24 18:27:02 · answer #2 · answered by MICHAEL R 7 · 1⤊ 0⤋
You can prevent them from entering your property. They can sue you for their equipment. You can sue them for failing to finish the contract.
You have the right of exclusion. Anyone who enters your property without permission for any appreciable time has committed a trespass. You can prosecute them criminally. In civil court, your yard being a mess is a trespass, and they would have to pay to have it put back the way it was. If you hire someone else to do it, they would have to pay the bill.
I would call the police to have them come down and take a report saying "look what they did here, and they left their property!"
That way you cover your tracks.
To get the quickest results, go to the website of your state's attorney general's office. You can usually fill out an online complaint form.
People take letters from the state attorney general's office seriously and they will be calling/mailing the company within the week.
You would probably like this taken care of quickly and without the hassle of courts. That is what the consumer protection unit of your state is for, and the threat of loosing a state business license gets people moving
2007-07-24 19:46:46 · answer #3 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 1⤋
No, you cannot prevent them from retrieving their equipment, unless there is a clause in your contract allowing you to do so. If you take their equipment, they can sue you for theft. You in turn can sue them for breach of contract by not finishing the job.
But it's probably better to complain to the state consumer protection authorities. You'll probably get results faster than the court system.
2007-07-24 19:55:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
alwayu s get it in writing and don't pay upfront the full amount then you may have legal ways to get the work done. about the log splitter talk to your liar i mean lawyer to see what he says
2007-07-28 15:53:15 · answer #5 · answered by Ricky B 1 · 0⤊ 0⤋
You need to get an attorney. A good one will be able to get that equipment held as collateral with a court order.
2007-07-24 22:39:38 · answer #6 · answered by Officer 4 · 0⤊ 0⤋
Lock up the equipment if you can and file a small claims action.
2007-07-24 18:28:10 · answer #7 · answered by WJVV 4 · 1⤊ 0⤋
It depends on which state you live in.
2007-07-24 19:57:31 · answer #8 · answered by tsnbronefan 2 · 0⤊ 0⤋