ComplaintsforHansen's Tree & Crane Service LLC

• Initial Complaint

  08/04/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On 8/1 Hansen's Tree Service removed a tree that had fallen on my house the week prior. When the work was complete I checked the area of the work and noticed the driveway had been damaged as had a section of a retaining wall near the bottom of my driveway. There was a pile of wood chippings on my property near the bottom of the driveway near the damaged retaining wall. My wife reached out to report the damage and start the process to getting it repaired on 8/2. She received a reply stating Hansen's Tree Service is not liable for the damage and referenced the following from an email sent with the estimate:: "Damages: Hansen's Tree & Crane Service is not liable for any damages or cracks on driveways, sidewalks, or lawns from the proper use of heavy equipment, including but not limited to Crane, Backyard Bucket, Wood Chipper, Stump Grinder, Skid Loader, or any other necessary equipment to complete work..." There are a number of issues with this response 1. We did not sign or even verbally agree to the terms outlined in the email. We agreed to work to be done at the price quoted. Nowhere in the email or terms does it state that agreeing to the quoted prices constitutes an agreement with all of the terms specified in the email. 2. The Damages section states that the tree service is not liable for damage from "proper use" of equipment. Looking at the extent of the damage I do not believe that whatever caused the damage to the driveway would have resulted from "proper use" and was from negligence on the part of the work crew. 3. Nowhere in the Damages section does it mention damage to retaining walls. The quoted price and estimate (Estimate #****) included "removal of debris on home from fallen red oak tree". Since there is still a pile of wood chippings on the property removal is not complete and the job has not been finished. I have attached phots of the damage to driveway and retaining wall.

  

  Business response

  08/04/2023

  Please see the attached copy of the estimate provided to the customer prior to work being completed, the estimate that was given to and approved by the customer states "removal of debris on home from fallen Red Oak tree." The quote was to clean-up the tree on the home, nothing more. Below is a copy of the contract verbiage the customer was also provided in the body of the email they received with the quote prior to the work being completed. In our contract it states specifically that we are not liable for any damages occurring during the course of emergency work, and that we are not liable for any damages to driveways, sidewalks, or lawns from proper use of equipment. The exact verbiage in our contract is below. I have reached out to the customer via text and email from the office line and have received no other responses from them until this complaint. If you agree to have the work completed, then you agree to the contract terms of the quote. Prior to the work completed, no one had contacted us to say they didn't agree to the terms, they did however agree to have the work completed, and part of accepting the quote is accepting the terms stated in our contract.

   

  Dear ****** ****,
  
  Please review the estimate below. Feel free to contact us if you have any questions.
  We look forward to working with you.
  
  Completion of Contract: Hansen's Tree & Crane Service will do its best to meet and accommodate any agreed-on performance dates, but Hansen's Tree and Crane Service is not liable for any damages or delays due to inclement weather, labor disputes, or any other reason beyond Hansen's Tree & Crane Service control. Hansen's Tree & Crane Service will commence work to be completed as weather and scheduling allow
  
  Governing Laws: Terms and conditions of this contract shall be interpreted and governed according to the laws of the state of Ohio and Michigan.
  
  Waiver of Contractual Right: failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of Hansen's Tree & Crane Services' right to subsequently enforce and compel strict compliance with every provision of this agreement.
  
  Other: Hansen's Tree & Crane Service reserves the right to terminate this agreement at any time if the customer does not behave professionally and respectfully. Any deposits paid are non-refundable and will be forfeited.
  
  Payment: a 10% deposit is due on all jobs over $1,000 and 30% on all jobs over $10,000. Deposits are nonrefundable; the balance is due upon completion of the job.
  
  Cancellation: The customer must provide Hansen's Tree & Crane Service with at least 48 hours notice to cancel or change any scheduled work. Changing any work may result in scheduling delays. Any cancellations will forfeit any deposit paid to Hansen's Tree & Crane Service.
  
  Access: the customer will allow Hansen's Tree & Crane Service free access to work areas for workers, vehicles, and any necessary equipment. All work areas should be clear of any vehicles and personal property so that workers, vehicles, and equipment can be moved freely and without delay. The customer must remove all dogs and pets from the work area and keep them in a secure location. Failing to comply with these terms may result in the refusal to complete work or the need to reschedule at the customer's expense. Customers may be charged a time and materials rate if the work area is not cleared and freely accessible to Hansen's Tree & Crane Service at the scheduled work time.
  
  Stump Removal: Unless specified in the contract, stump removal is not included in the price. Grindings are not hauled unless defined in the contract. Surface and subsurface roots are not included with any stump grinding.
  
  Damages: Hansen's Tree & Crane Service is not liable for any damages or cracks on driveways, sidewalks, or lawns from the proper use of heavy equipment, including but not limited to Crane, Backyard Bucket, Wood Chipper, Stump Grinder, Skid Loader, or any other necessary equipment to complete work. The customer is responsible for marking all private utilities, sprinkler systems, invisible fences, drainage systems, etc. Hansen's Tree & Crane Service is not liable for any damages caused to unmarked private utilities or sprinkler heads.
  
  Emergency Work: Hansen's Tree & Crane Service is not liable for damages done during the course of this work.
  
  Hansen's Tree & Crane Service is not liable for damages occurring between the time of the estimate and the start of the job. Estimates are subject to change if any unforeseen circumstances occur. Any adjustments must be confirmed by the Manager or Job Foreman.
  
  Thanks for your business!
  Hansen's Tree & Crane Service LLC
  ------------------------   Estimate Summary  --------------------------
  Estimate # : ****
  Estimate Date: 07/28/2023
  Total: $3,500.00
  The complete version has been provided as an attachment to this email.
  ---------------------------------------------------------------------
  
  

  Customer response

  08/04/2023

  
  Complaint: ********
  
  I am rejecting this response because:

  It does not address the damage to my retaining wall.  Does not address that the tree was not fully removed, just run through a chipper and the clippings were left on my property.  Furthermore the owner can state that we accepted the terms of service relating to driveway damage but we did not verbally or in writing agree to these terms.

  
  Sincerely,
  
  ******* ****

  

  Business response

  08/04/2023

  We have nothing further to respond, we provided the service according to that terms of our contract. The terms were clearly noted and provided to the customer prior to work being approved and completed. If the terms of the contract were not acceptable to the customer, I'm unsure of why they would approve and move forward with the work to be completed. 

• Initial Complaint

  11/08/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I had several companies come give me estimates to have 3 trees cut down and the branches from the neighbor's trees cut at the fenceline. Hansen's gave me an estimate for 3k and told me I had to have it paid within 6 months. I paid it, and then had to wait over 2 months for them to even come out. They only cut 5 branches on one tree from the neighbor's yard, and completely missed another tree. I had to go back and forth with them for a couple weeks to get them back out. Now they refuse to do the rest of the branches, that I paid $1,000 to have cut, because I didn't notice that ***** wrote 'the branches of the birch tree' and didn't list the other one. He had specifically said that cutting the branches of the other one might kill it, and I told him I don't care I want them gone. Now he refuses to honor what I paid 1k to have done. I would never have paid $1,000 to have only 5 branches cut. I would have went with another company. ALL the other companies discussed having to wait until late fall to trim that trees branches, ALL the companies I got estimates from KNEW I wanted ALL of the branches at the fenceline cut back, not just some of them. This is just bad business. All of the branches need cut, or I need $500 back.

  

  Business response

  11/08/2022

  A crew was sent back out to remove the missed maple tree removal, the attached estimate is what the customer agreed to and paid for. We did not force her to pay for the entire job in full upfront. This was done at her discretion, on the estimate, it clearly states that a 10% deposit is due on any job over 1k. Customer was also made aware of how far out we were booking when she agreed to have work completed.  The estimate also clearly states what work was quoted with a corresponding diagram. Customer threatened to defame the company for completing the work she agreed to have us do, please see attached email. The company is not liable for any work not on the written estimate/contract. Trimming the neighbors Birch tree in the manor that the customer wants could potentially kill the neighbors' tree to which she stated she does not give a f*c*, please also see in attached email. Everything quoted on the attached estimate/contract has been completed except for the maple tree stump. Stump will be completed when our machine is out of the shop and repaired properly.

  Customer response

  11/09/2022

  
  Complaint: ********
  
  I am rejecting this response because:

  They're like "that's what's on the estimate." Yeah. When I call a company and say I want ALL the branches cut at my fenceline I expect the estimate to be for half of the branches at the fenceline. When you say what you want done, you don't expect them to quote for half of what you said. Completely ridiculous, and an extremely shady sales tactic.

   I told him I wanted all the branches cut down at the fenceline and showed him all the trees I wanted cut down. I assumed the estimate was for what I said I wanted, not only half the branches, which is what he wrote into the estimate. I trusted him, my bad. Now that I went to the BBB website I see that he did the same thing to someone else this year. This is obviously their new operating procedure - bait and switch.

  Hopefully ppl read each and every thing on their estimates from now on, because that's at least 2 people who told him what they wanted done, and he purposely didn't put some of the stuff in the estimate and screwed the customer. Some shady BS. I had been telling ppl to use this business whenever I was asked who to go to for tree service. I will absolutely do the opposite now and forewarn any and every person who asks to NOT use this business after this experience. I would have NEVER paid them $1,000 to cut 5 branches at the fenceline instead of ALL the branches at the fenceline like I told everyone I wanted. This company is dishonest, and I have been scammed by them. I will make sure it doesn't happen to anyone else that I have the power to warn.
  

  
  Sincerely,
  
  ****** ****

• Initial Complaint

  02/03/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Entered into contract with Hansen's Tree service on December 11 2021 for removal of tree that had fallen from a storm, and the removal of 2 other trees. We were originally told all work would be completed in 2 days. As you can see from the text messages the amount of attempts and time frame we have been trying to get them to come back and finish the job. Now they have threatened legal action to be paid for work that was not completed. Stating that the bottom portion of the tree was not included. As you can see from the contract it was to clean up all storm debris from fallen oak tree and clean up all wood. There is no stump to be ground as the entire tree was ripped out of the ground.(see pics) It needs to be removed per contract. Why on earth would anyone want or think it didn't include the bottom portion of the tree. It is a bait and switch! Also 2nd contract states stump removal and clean up all brush and debris, and to be paid upon completion of both contracts.

  

  Business response

  02/04/2022

  Contract **** is an updated contract to combine the original contract **** with the additional work they asked to be quoted prior to the tree falling on the neighbor's home. Customer called back the same day shortly after Danny provided them with an updated estimate (****) hysterical because a different tree on the property fell on the neighbor's home. Danny then went back out to assess the fallen tree and provided contract **** for the emergency removal of the fallen tree. Work for the emergency services on contract **** were completed in full on 12/13 and 12/14. The 2 jobs that were combined into contract **** are the work orders from **** and **** for the bundle price of $4000 and that contract **** would be null and void being replaced by the combined price on ****, no deposit was collected as of current for any jobs, and the services rendered on 12/13/21 for contract **** have not been paid for. Hansen's Tree service is not requesting payment for anything other than the emergency services rendered from contract **** that were completed in December. Customer did not upload original contract showing **** showing that to be the 2 jobs being combined on ****. If you look at contract **** near the bottom, there is no stump grinding or topsoil options marked to be completed with the emergency services. Contract **** is a completely separate contract from ****.

  Customer response

  02/14/2022

  (The consumer indicated he/she DID NOT accept the response from the business.)
  Contract **** and **** are the only signed contracts we have with Hansen's tree service, and those are the combined contracts.
  Contract **** is not complete, the bottom portion of the tree (over 6 feet in length) is still laying in the yard. Refer to provided pictures. There is no stump in the ground. Per contract clean up all wood is stated, also at the bottom not keeping any wood is checked.
  As in regards to the $400 deposit we have numerous times reached out to them to come get it. Refer to provided texts.

  

  Business response

  02/18/2022

  **** is unsigned because it is the outdated estimate combined with the updated estimate of **** provided to the customer before the tree fell on the neighbor's house. After the tree fell on the neighbor's house, a separate estimate of **** was provided for the emergency cleanup of the tree, no stump included. Despite the stump being uprooted, it is still, in fact, a stump. Chris discussed with the homeowner that the stump was not included, and they discussed pricing for the stump. When I spoke with the wife ******* on the phone, she had no complaints about the stump; we also discussed that the stump was not included and she was concerned with scheduling the removal of the other tree. There was no mention from her of the work on **** being incomplete. If **** and **** were the combined contacts, it would've been written on the more current estimate **** from the emergency work, not the estimate provided before the tree fell, which was signed before the tree fell.

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