So you wanna be a........

[JohnDeere4300]

My attorney has already been called. Even if this doesn't amount to much, it'll still cost me.

FWJ,

I'm sorry to hear this.....But i hope you can make HIM PAY your fees in the out come of this.

I had a friend that needed a ditch dug behind his house, but there was just enough room for the tractor to fit, and not enough room to put put the dirt if i could dig it.

I told him that i would not charge him, because he was a friend.....I backed out behind the house & i was making a ditch with my wheels because it was wet....So i told him that i could just run back & forth and that would make the ditch & he could shovel out both ends so the water would drain.....and he agreed.( The house was almost against the hill)...And i almost got stuck several times.

While i was running back & forth i was watching my rear tires and looking at the rut they was making.....Well my FEL hit a down-spout & put a dent in it & it came loose from the gutter.....after about 30 minutes of of doing that i pulled the tractor out from behind the house & we looked at it, and he said that looks great.

THEN...He said "quote"...You can buy me a new down spout the next time you go to the hardware store OK.....I said I'm sorry about hitting that & there's really nothing wrong with the down spout....It just has a small dent & just came loose from the top.

He still wanted me to buy a new one.....So I told him (HE) could pay me for the ditch i made, and then he said "Let's just call it even"..


FWJ, there's too many people out there looking for something to sue over.....and you have a good case against this.

Good luck!!!!

 

[bjr]

I scan thru the reponses and what I not seeing here is the fact that it's the land owners responsibility to know about whether or not the performed work would cause harm to his property, not the contractor. It'll probably get hashed out between two lawyers and we'll never find out what happened. FWJ, you did nothing wrong, the insurance people should take care of this. bjr

 

[Soundguy]

Reading some of the posts i realize how bad its getting. Cant help out your fellow man for fear of being sued. .

Even better... where I work our shop is located at an intersection.. across from a jiffy store. lots of times people brek down.. need a jump or jack to change a flat... we used to do this till the people we helped started stealing the jacks and cables... now we point them at the payphone.... sad what society has come to..

soundguy

 

[charlz]

Quite clearly this has caused FWJ to "suffer significant emotional distress" and "damage to his reputation".... that might help it go away if the guy still wants to play after the lawyers have had their conversation.

 

[Farmwithjunk]

Not a doubt in my mind this guy knew what he was going to do before I mowed his property. Not a doubt in my mind he is trying to pull a scam. Not a doubt in my mind I'd like to exact my revenge for the trouble he's caused already.

That said, the smartest thing I could do, and the best outcome for me would be making the entire issue just go away. I don't want to put him on the defensive. I don't want to win this one in court. I don't even want to waste another minute argueing with him.

The plumber involved called me while ago. He installed the system originally. He tells me that when he spoke with the property owner on monday, it was made abundantly clear that no damage was done by mowing over the lateral. In fact, the plumber told him it was best to get the heavy brush mowed down before it rooted into the laterals. The plumber is taking the approach that the best way for him to handle this is to be honest and above board. That plays straight into my hands. My attorney, the plumber, and myself all are thinking this guy is trying to draw a settlement offer, then drop the case before it would ever go in front of a judge. Not happenin'.

At this point, all I can do is sit back and wait for the other shoe to drop. When it does, I'm ready to pick it up and toss it back.

 

[slowzuki]

Yikes. How fresh is the septic, the 2 years since it was mowed? What type? In the soil around here once the system has been in for a year you can drive almost anything over it as long as it hasn't failed and saturated the soil. Even then you can drive over a conventional system and not hurt it. The infiltrator types can collapse if you drive parallel over the pipe and its too wet.

 

[Farmwithjunk]

Yikes. How fresh is the septic, the 2 years since it was mowed? What type? In the soil around here once the system has been in for a year you can drive almost anything over it as long as it hasn't failed and saturated the soil. Even then you can drive over a conventional system and not hurt it. The infiltrator types can collapse if you drive parallel over the pipe and its too wet.

Conventional system, installed in 1998, ground is high and dry, firm, and no signs of tire tracks or marks, no visible signs of the laterals (discoloration of grass, ect) and no surface drainage problems. According to the plumber, the only issues they've had with the system is slow drainage from the house, and that was first reported in 2002. System was installed with excessive lateral fields at owners request. Health Dept records indicate their objection to excessive length of laterals at final inspection. (as related to me by plumber, who apparently is getting tired of being dragged out to the site at every turn. Seems he's "on my side" in this) I've also got a few "connections" at local Health Dept.

Starting to look like this cat doesn't have a leg to stand on. Still gonna cost me ($$$$) for lawyer fees, ect. Oh well....The high cost of doing business.

 

[studor]

FWJ
I think you are taking the right approach -- you have a lawyer -- let him (or her) address it. Then when it is done, let your lawyer loose on him. I've often heard that a dead skunk re-starts a septic system really well -- any way you can fit this guy in the tank?

 

[dodge man]

I'm glad you are taking the high road. I would drive by his house sometime soon, shake his hand, then put your hands on both shoulders and insert your knee in his groin, and say "have a nice day". I know you can't do that, but I bet you smiled when you thought about it.

 

[Farmwithjunk]

FWJ
I think you are taking the right approach -- you have a lawyer -- let him (or her) address it. Then when it is done, let your lawyer loose on him. I've often heard that a dead skunk re-starts a septic system really well -- any way you can fit this guy in the tank?

Bonus points to you! Lawyer is a "she". (And a dang fine looking she at that! ) Not only is she a very good attorney, her "presence" has been known to distract and rattle more than one opposing lawyer.