Damage to conifers by road contractors

Damage to conifers by road contractors

Postby brenanderic » Wed Dec 06, 2017 10:30 am

During the summer the road and pavement outside my house was replaced. The contractors pushed tarmac into the two foot wide gap between the pavement edge and the wall. It is my land. When I saw what had happened the contractor agreed to get some of the tarmac out of the space but left a lot in. In that space several ornamental conifers have thrived during the ten years since they were planted - we bought the house then when it was new. Now one small conifer is totally dead and some of the others are going brown from the bottom up. The road is not adopted so the council are not interested. The contractors ignored two e-mails and I wrote to the director of the original building firm who commissioned the new pavement. They sent out the contractor, who seemed to accept responsibility for the damage and said he would come and trim the conifers and then look at doing something else, if that did not help. I have since received a letter from the building firm to say that they now do not accept responsibility and "without prejudice" sent me a garden token for £50 for the delay. I am a 67 year old widow with arthritis and cannot replace the trees myself. Does tarmac damage tree roots? I don't know where to go from here. Should I just accept the £50 garden token and let the matter drop?
brenanderic
 
Posts: 2
Joined: Tue Nov 21, 2017 12:19 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Damage to conifers by road contractors

Postby arborlad » Wed Dec 06, 2017 2:39 pm

brenanderic wrote:During the summer the road and pavement outside my house was replaced. The contractors pushed tarmac into the two foot wide gap between the pavement edge and the wall. It is my land. When I saw what had happened the contractor agreed to get some of the tarmac out of the space but left a lot in. In that space several ornamental conifers have thrived during the ten years since they were planted - we bought the house then when it was new. Now one small conifer is totally dead and some of the others are going brown from the bottom up. The road is not adopted so the council are not interested. The contractors ignored two e-mails and I wrote to the director of the original building firm who commissioned the new pavement. They sent out the contractor, who seemed to accept responsibility for the damage and said he would come and trim the conifers and then look at doing something else, if that did not help. I have since received a letter from the building firm to say that they now do not accept responsibility and "without prejudice" sent me a garden token for £50 for the delay. I am a 67 year old widow with arthritis and cannot replace the trees myself. Does tarmac damage tree roots? I don't know where to go from here. Should I just accept the £50 garden token and let the matter drop?





Works of this nature are generally a prelude to the road being adopted and bringing up to the required standard, although a ten year delay does seem excessive.

Before you proceed you need to quantify the damage done and the cost to rectify it. It could be the £50 voucher is more than enough to cover the costs with a good chunk leftover for goodwill - but I very much doubt it!!

This could be something your household insurance will deal with and send an assessor or whoever does your garden can provide a quote.

When Tarmac is laid, it usually has a solid edge to lay to, either timber or a pc path edging, if neither is present it may not meet the required standards for adoption.
arborlad

smile...it confuses people
arborlad
 
Posts: 7402
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Damage to conifers by road contractors

Postby brenanderic » Fri Dec 08, 2017 9:24 pm

Thank you so much for your advice. There is a solid edge to lay the tarmac to, but it was late Saturday afternoon when the job was done and I think the workers were very enthusiastic to get finished. The tarmac has a "pushed" appearance. I will get the cost of the work estimated, but I think I would have to pay more in excess if the house insurance was involved. The road has not been adopted because one of the self-build houses has only recently been finished. Thanks again.
brenanderic
 
Posts: 2
Joined: Tue Nov 21, 2017 12:19 pm

Re: Damage to conifers by road contractors

Postby arborlad » Sat Dec 09, 2017 2:50 pm

brenanderic wrote:Thank you so much for your advice. There is a solid edge to lay the tarmac to, but it was late Saturday afternoon when the job was done and I think the workers were very enthusiastic to get finished. The tarmac has a "pushed" appearance. I will get the cost of the work estimated, but I think I would have to pay more in excess if the house insurance was involved. The road has not been adopted because one of the self-build houses has only recently been finished. Thanks again.




I've assumed you already have someone who does this type of work for you and should provide a free estimate, I mentioned insurance on the basis that it is a route available to you, although most have a free help-line available. Once you have the quote, send it to the developer, with a copy to the contractor, if the response is anything less than an offer of full payment - post back.
arborlad

smile...it confuses people
arborlad
 
Posts: 7402
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire


Return to Trees

Who is online

Users browsing this forum: No registered users and 2 guests