What I'd like to know is can you put a price on this tree? What would be compensation?

Yes.

To sue, you need a RCA to come out and do an assessment. They will determine the value and will testify before judge. Not uncommon. Don't let these clowns off the hook.

Dan

Honestly, suing would be my last choice. I want the gardener to put something there in place of the tree and maybe re- do some of my landscaping. Is that too much to ask?

I think that it's too little to ask. The loss of an important tree is almost unmeasurable. Your gardener's insurance may cover something like this, and yours might too. I would start with a call to your homeowner's insurance agent and get some advice, then get an arborist for more advice. You might have to pay the arborist for his/her time, but it would almost certainly be worth it.

It would be nice if you could get a valuation, present it to the "gardener", ask for compensation, and get it. Or get paid by the insurance company. That would be what you want. I wouldn't count on it. I would count on having to sue, then be pleasantly surprised if you don't have to.

Dan

We are assuming a lot here :-) First, that the "gardener" even has insurance. Unfortunately, many of these operations do NOT and one that is operating in as unprofessional a manner as to let an unskilled worker loose with pruning tools on an established and valuable tree is very likely to be in this category. This is why it is important to hire certified professionals for this kind of work - they will be appropriately licensed and bonded and should have qualified personnel doing the work.

Second, most homeowner's insurance won't cover this type of damage either. These were workers that were hired and allowed by the homeowner to work on the property......the liability is hers.

If suing is not desired or an option, I think the proposal to replace the tree with another of the OP's choice and suitable size plus some additional work is a viable solution. I might question the wisdom of having any additional work done by this organization, however. After they replaced the tree, I'd unload them lickety-split!!

Gardenga148 - I agree with you, I want to unload them ASAP,

They came with the house when we bought it 6 years ago, just kept using them.

We had additional work planned, ripping things out planting new things. Is it unreasonable to tell him to do that work for free plus get a tree? (spoke with gardener today, he already told me he can't find a comparable tree).

The work we had planned was to run about $2,500.00. Is that too much to ask him to?

If doesn't have insurance, can I report him to someone?

I'm not surprised he can't locate a comparable tree - most places do not sell mature trees although they ARE out there. The cost of purchase, transport and planting just puts them into a category that is out of reach of most homeowners. And to be honest, I'm not sure that's what you would want anyway - larger, more mature trees are difficult to establish well in a new location and often struggle. It is often better to select something smaller/younger and let it grow on.

I can't tell you if the damage to the tree is worth $2500 without seeing the tree :-) If I were to have him do any more work, I might limit it to just removal and with close supervision at that. Save the new planting for yourself or for a new gardener/landscaper with the proper credentials.

If you want to get a proper valuation of the tree, follow the advice given previously. FWIW, valuation is usually given at replacement cost but we have already determined replacing the tree with one of like size/age may be difficult and not even advised. I would suggest you go nursery shopping and investigate possible replacement trees and if you find one you like, request that it be the replacement for the pine. And while an exact replacement may not be possible, look for something that will make an equal statement now, if not in size, at least in visual impact.

Different states/municipalites have different requirements for gardeners/landscapers. That doesn't mean these companies always follow these requirements as regards licensing, bonding, insurance, etc. Check with whomever is responsible in your area for these regulations - if operating illegally, the gardener could be subject to fines and/or prosecution but IME, these penalities are not often exercised by the authorities. Sometimes suing is the only way to seek redress. Depending on the valuation assigned, a lawsuit may be limited to small claims court, in which case collecting the compensation awarded is difficult if not impossible. Personally, I'd try to resolve this without any legal entanglements.....things can just get really nasty and expensive.

1. Get a valuation.
2. Present the valuation to the gardener and cease all other work including the $2,500 project until that is settled.
3. I would not take it out in work. Period. Would he have you wash his car instead of paying him? If he works it off, you will have a ticked off gardener and helper on your property. Not a good thing and unlikely you'll get your money's worth.
4. If he has no insurance, there is no point in keeping him around. He is a liability.

tj