Trees are valuable. In my old neighborhood a neighbor cut down 3 trees that did not belong to him. He was figuring act now - beg forgiveness later. In the end they went to mediation and the guy who owned the trees was awarded nearly 20k plus costs. The guy who cut down the trees sold his property shortly after. The well was certainly poisoned.

I'm sure they are hoping you just move on from it. If anything I would recommend telling your GC in writing that you are not done talking about this while you assess your options.

Maybe Wayne Smith needs to talk to a lawyer or professional mediator. Is there a contract signed by both parties?

Work with tyour builder.

Discuss the issue and get it in print that several new, young trees of your choice will be planted before they leave the project. (Young trees establish faster than will large trees.)

It sounds like the removed trees were close to the house construction. If so, they would likely have been damaged by compaction, also stored construction materials, piles of soil, parked vehicles, and more.

Count your blessings and move forward.

Mature trees are enormously expensive to replace. I would not let this go. Is this covered by your builder’s insurance?

I bought my lot specifically because it has mature trees. If someone would cut them by mistake I would insist on compensation or make them replace the trees with mature ones (tens of thousands of $$$).

I would certainly let them know this will be addressed again at a later date (and do it in writing).

There's nothing you can do here other than withhold money (and you should have have a quote on this prior to the work being done).

The reality is - the time to resolve this was by having yourself or a representative onsite providing supervision. After the fact - you really can never be made whole.

I just went through something very similar. Contractor and my site superintendent were both told specifically in an on site meeting to install septic drain lines AWAY from the trees, more towards the road. First half / tank install went as planned. Husband then left for Korea and upon his return / our next visit - it appears immediately when they started back up again they turned right and snuggled this up against the trees. Digging up a ton of roots and likely killing them later on.

We called a meeting - asked "what's wrong with this picture" and they came back with blank stares. When the tree issue was pointed out and site guys says "I wasn't here" (and I pay you for what, again?) and the septic guys said "that might be on my - I told them they needed to move to the right down at the bottom of the hill to miss the fiber optic line and it looks like they turned early. I wasn't here"

So - ultimately the septic people will do some more grading for us as a "freebie". And pay to have the trees removed if they die (yeah - good luck collecting on that) My site guy should have been there and fixed the problem - because they were unsupervised for a LONG TIME considering the length of the ditch. I can dock his pay - and should.

My trees will still die. They still (all) failed to follow explicit instructions. My site guy isn't spending enough time supervising. the septic guy isn't spending enough time supervising. Ultimately - it's a shoulder shrug and we have to suck it up - trees are still screwed.

This is the way things seems to happen in construction. I am tired of it. But I can't change the system.

“It sounds like the removed trees were close to the house construction. If so, they would likely have been damage due to compaction, also stored construction materials, piles of soil, parked vehicles, and more.”

All of that can be avoided by being careful.

Given how slow trees grow and how much impact they have on the look and use of a property, it’s weird that this nonchalant attitude among construction trades exist.

“After the fact - you really can never be made whole.”

Actually, you can. Examples: Hotels in Las Vegas. They just plant mature trees. It’s only a question of money. It’s like any other property damage.

How large is the large parcel? It makes a big difference on 5 acres , but not so much on 30+ acres.

The original 12 ft doesn't seem wide enough in a forested lot for construction vehicles and materials to go 300 ft. I could see them widening it to 20-25 ft. But why did they only go 100 ft long?

Trees were cut. Ask for more trees to be planted. No, they won't be mature trees, but they can be your choice of tree.

What do you have IN WRITING about tree removal?

Basically, the trees are gone (bummer). You are now just in damage control and reimbursement. also, I would try to be there as much as possible to keep any other "little" oversights from happening. If you are not there it is just a he said, she said, he said thing, unless you have it nailed down with photos and signed documents.

There were various responses (thank you) with assumptions made that were incorrect, so I will address some in case it changes the view.

1. I own 150+ acres that were all woods. To simply "get a quote" for clearing a driveway that is 1,400 feet long, a house site, plus a 100 yard shooting range is not something one simply "gets a quote on" based on my having talked with various contractors including the builder's sub-contractors. We have a very detailed contract that we negotiated but one can't be but so detailed when it comes to which particular trees will be cut. There was wording that the lot would be cleared per agreement on site, so clearly that didn't happen.

This had nothing to do with clearing near the house or for construction vehicles. It was a area away from the house-site for a planned personal shooting range, that was to have plenty of mature trees on the side for shade.

You cannot transplant a 40' or larger oak.

You can transplant large trees with smaller root structures with a giant tree spade. (i.e. desert friendly trees like palms) - not large canopy deciduous trees like I had ruined.

So no - I can never be made whole on this.

Yeah, I know. I'm sorry, that why I said you were in damage/reimbursement mode. They can never "make it right".

Maybe you could find a local co. like this one and hire them to do some transplanting on your property. It would save their insurance co. a lot of $$ if you file a claim.

https://bigtreestoday.com/our-service/

Transplanting →
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^^^ Holy crap. Did they thrive? I'm amazed.

Also Wayne, sorry about your trees. So sad. I think you'll just have to keep at someone for some sort of reimbursement and be sad.

I'd love to have a shooting range! My parent's have one sounds similar to yours.

Ok... apparently houzz doesn't like "crap" or any variation of "H**l" or I'm probably going to get sent to the naughty corner. It won't post my first reaction posts b/c I cuss I guess.

Anyway, I'm curious as to the 40' oak above! Did it thrive? How much would something like that cost???

Wow...

Wayne so sorry about your trees!!

Ok... apparently houzz doesn't like any variation of a curse word. &*%&$ I'm probably going to get sent to the naughty corner. It won't post my first reaction posts b/c I cuss I guess. Took me three tries on this one! ha!

Anyway, I'm curious as to the 40' oak above! Did it thrive? How much would something like that cost???

Wow...

Wayne so sorry about your trees!!

Buying that large of a tree and helicoptering it in may be possible. (still depends on species, trunk diameter, and availability of rootball, branch formation, shade canopy, etc)

One tree of that size would likely be 2x the cost of my entire septic system (or the cost of the OP's clearing job). Mine were old growth trees with 15"-20" diameters.

Replacing them won't happen. Even at a best case, a company will only do something for "free" - they won't pay you / pay more than the cost of the job. (unless you want to sue them for the damages)

I am trying to provide reality. Not a Jeff Bezos $$$ answer.

Who needs Jeff Bezos? I'm sure the contractor has a $1+ million liability policy. Filing a claim is one of the few options the OP has.

Let us know how that damage suit works out for you.

Who needs Jeff Bezos? I'm sure the contractor has a $1+ million liability policy.

What insurance company is going to fly in full size replacement trees? You are probably going to be limited to the fair value of the removed trees with possibly a slight diminished use enhancement.

The trees are gone and they aren't coming back, and they are not likely to be replaced with anything that is comparable. I would personally advise finding a reasonable solution that moves you toward your ultimate goal with the understanding that is done.

They won't have to fly in anything. The OP has 150 acres of trees, that's why I suggested finding a company that TRANSPLANTS trees. A good lawyer would get that deal done quickly.

Filing a damage claim isn't likely going to replace mature trees, either. The insurance company will fight you tooth and nail on that one. It will go to court, and nobody wins.

It really comes down to what your contract says. If possible, hang on to that last disbursement, and then ask what he's going to do for you re: the trees. It should sort of be part of your punch list. Touch up paint, adjust cabinet doors, make sure all interior doors are plumb, offer solution for trees... ;-)

ALso - trees don't like being transplanted. A lot of times they die. Or shock. Or part of it will die, and you can wait for the other part to go or just cut it down. Etc.

While it's true that the best time to plant a tree is 20 years ago, the second best time to plant one is today. Talk to a good arborist about what's appropriate to the location, what will fill in well but still have good longevity.

Also, are they still going to come BACK and clear what you asked so that the range will work out?

We have had some incidents in the region of contractors "accidently" removing large, valuable trees -- later found to have sold them for the lumber, and not accidental at all. Also there are the guys who trespass onto land and outright steal trees for the lumber.

I would be inclined to ask for reimbursement for the market value of the lumber, if you know what kind of trees they were. But, I understand your reluctance to make it a conflict at this point with the bulk of the work still to be done. Do you still have confidence in this contractor, in light of this incident?

"Assumptions made" during threads on this site are often due to an inadequate depiction in an original post of the situation being discussed. Nursery grown trees are typically more able to be moved than wild ones, that have never had their often quite extensive root systems cut back. Bullies, scoundrels and thieves may often depend on their targets not being willing to "make it a conflict" - when in fact it already is. It has been my experience that people who habitually take liberties can sometimes be using them as a test to see if the other party will stand up for themselves. After which - should that response occur - the consideration and respect that should have been there in the first place may then start to appear.

Wayne if you live anywhere in the eastern deciduous forest, it will all grow back in the blink of an eye. Out west things are a lot slower. Forget the wide part. You just need to get your other 200 feet of clearing done.

Then you will have to have a good plan for keeping a narrow 12 foot wide 300 foot long tunnel clear and open in the woods. You can make your own shade if need be.

ditto what mspete said. What is in the contract??????????? Were the trees marked with paint or something tied around them?? And it was approved by you before? If they neglected on the contract.....they would have to pay for the lawyers. They could have sold those trees for thousands and thousands of bucks to put in their pockets !!!!!! What do they say about this??? You need to get to the bottom of this!

Well we've learned marking the trees to be cut isn't enough. You've got to post a sign on all the trees to remain. . .STOP1 DO NOT CUT

In all of this discussion I do not see any indication of the type of trees on the property. The term wood can vary considerable. I believe that there is a part of the Sequoyah Forest in California called a woods. The trees in this area are significantly different that the scrub pines behind my lot that I call a woods. If the tree that were cut were 5 to 15 years old, the value would be significantly different than if they are 25+ years old.

This would affect the OP's damage, and what could be done to replace the lost trees. If the trees were less that 15 years old, then they can relatively easily be replaced. If they are 25+ years old then significant damage may have been done with the aesthetic loss.

Some people, including many builders and construction workers (and a few who have posted here) do not value trees. To me, this is a battle worth fighting and I would not just let this go. We have a number of century old Douglas Firs that define the personality of our property. During construction, I had to put up construction fencing and fight to keep trucks off of the roots, as our GC thought I was nuts.

Is yours a deciduous woods or coniferous? If coniferous, you might look into having them plant mid-sized Western Hemlocks, which will grow well in the shade of other trees. (Douglas Firs require full sun.) We have 20-year-old Douglas Firs on our forestry deferral acreage, and in 14 years they've gone from waist high to very tall and now cast dense shade. Hemlocks are also fast-growing.

Another thought would be to have them plant understory trees and shrubs between the woods and your drive. This would be beautiful and would be of benefit to wildlife — and turn lemons into lemonade.

What about picking a different place for your shooting range, and having them clear that 12' x 300'. And then re-plant the area they cleared wrong with smaller trees that will eventually fill back in.

If a eagle joust is potentially in the works, lawyers should be consulted now, not latter. In may cases, one also needs documentation, with images, of the before and after conditions. I suspect nothing exists of the"before" in OP's situation.

Socal: People say things behind a keyboard they would never say to someone's face. I bought 155+ acres and it's a massive project. Did I go and mark every single tree for a 12 foot path? No, I seriously doubt you would have too. So, you could make your point without juvenile comments. The internet troll brigade is now out. I'm cutting off my following of this because the comments are repeating themselves.

@socalnolympia ... as I read your harsh post I wondered if we actually have the same mother, but have for some odd reason never met. She is harsh like that, too. Been fighting it all my life.

Wayne......IMO.....you should have taken a weekend and marked 'every' tree. It's 'your' propriety!!!!! Seriously...whats one weekend?? IMO.....if I bought a 159 acres I would make 'sure ' everything was was marked!!!!!!!!!!!!

I have been following this post, and have commented before. For some reason I missed that the strip to be cleared was only 12' but 300' long. I believe it was short sighted of the OP to expect a contractor to bring in equipment to cut down trees and only cut the 12' wide strip.

While you have some control of the direction a tree will fall, you can not get a tree to fall exactly where you want it. Even if it does and the trees are of any size the canopy will be wider that 12', necessitating the men to work in the area of the canopy, not the 12' strip. Even with a small tree the men working on the tree will need more that 12 feet of working space to cut up the trunk.

When it comes to removing the debris, There is not any piece of machinery used to move tree logs and debris that can turn around in 12'.