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property damage by landscaper

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ashley911

Guest
My landscaper shattered two windows on some very expensive Anderson doors. Because Anderson only recommends replacing the entire removable part of the door (not just the window), my landscaper does not want to pay for this. He has contacted a glass company who claims to have similar quality to Anderson and can replace the window only instead of the entire door.

Not only will this be going against the manufacture's recommendations but it will void my warranty on the entire door (outer frames probably).

My feeling is that I want what I had before which are Anderson windows on my Anderson doors. If the only way to get Anderson window on my doors is to replace the doors, then that's what he has to do. The final bill will probably be around $2000 after labor and repainting the door.

Maybe the windows will be of similar quality or maybe not. The fact of the matter is, I want what was there before it was broken. Do I have a strong case? Am I being unreasonable? By the way, I live in California if that makes any difference.
 
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Shay-Pari'e

Senior Member
ashley911 said:
My landscaper shattered two windows on some very expensive Anderson doors. Because Anderson only recommends replacing the entire removable part of the door (not just the window), my landscaper does not want to pay for this. He has contacted a glass company who claims to have similar quality to Anderson and can replace the window only instead of the entire door.

Not only will this be going against the manufacture's recommendations but it will void my warranty on the entire door (outer frames probably).

My feeling is that I want what I had before which are Anderson windows on my Anderson doors. If the only way to get Anderson window on my doors is to replace the doors, then that's what he has to do. The final bill will probably be around $2000 after labor and repainting the door.

Maybe the windows will be of similar quality or maybe not. The fact of the matter is, I want what was there before it was broken. Do I have a strong case? Am I being unreasonable? By the way, I live in California if that makes any difference.
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What type of contract did you sign with him regarding liability?
 
J

JETX

Senior Member
And 'paridise' question has absolutely NOTHING to do with accurate legal advice. Simply, you are not obligated, nor expected, to have a 'liability' contract with your contractor.

So, lets try to give you a legally ACCURATE response....
"My landscaper shattered two windows on some very expensive Anderson doors. Because Anderson only recommends replacing the entire removable part of the door (not just the window), my landscaper does not want to pay for this. He has contacted a glass company who claims to have similar quality to Anderson and can replace the window only instead of the entire door."
*** Your landscaper, even if he is liable (which isn't clear) would only be obligated to return the doors back to their condition as they were immediately prior to the damage. In this case, that means USED condition. You are not entitled to new doors.

"Not only will this be going against the manufacture's recommendations but it will void my warranty on the entire door (outer frames probably)."
*** The manufacturers 'recommendation' means nothing. And since you don't even know if this would void the door warranty (doubtful), then your 'claim' is moot at this point until you can find out more FACTS.

"My feeling is that I want what I had before which are Anderson windows on my Anderson doors. If the only way to get Anderson window on my doors is to replace the doors, then that's what he has to do. The final bill will probably be around $2000 after labor and repainting the door."
*** Sorry, but as noted above, the contractor is NOT obligated to give you new doors. If you want new doors, you can pay the difference in value between the cost of USED doors in that condition (prior to the damage) and new. Are you willing to do that??

"Do I have a strong case?"
*** In my opinion, no.

"Am I being unreasonable?"
*** In my opinion, yes.

"By the way, I live in California if that makes any difference."
*** It doesn't.
 
S

Shay-Pari'e

Senior Member
JETX said:
And 'paridise' question has absolutely NOTHING to do with accurate legal advice. Simply, you are not obligated, nor expected, to have a 'liability' contract with your contractor.

So, lets try to give you a legally ACCURATE response....
"My landscaper shattered two windows on some very expensive Anderson doors. Because Anderson only recommends replacing the entire removable part of the door (not just the window), my landscaper does not want to pay for this. He has contacted a glass company who claims to have similar quality to Anderson and can replace the window only instead of the entire door."
*** Your landscaper, even if he is liable (which isn't clear) would only be obligated to return the doors back to their condition as they were immediately prior to the damage. In this case, that means USED condition. You are not entitled to new doors.

"Not only will this be going against the manufacture's recommendations but it will void my warranty on the entire door (outer frames probably)."
*** The manufacturers 'recommendation' means nothing. And since you don't even know if this would void the door warranty (doubtful), then your 'claim' is moot at this point until you can find out more FACTS.

"My feeling is that I want what I had before which are Anderson windows on my Anderson doors. If the only way to get Anderson window on my doors is to replace the doors, then that's what he has to do. The final bill will probably be around $2000 after labor and repainting the door."
*** Sorry, but as noted above, the contractor is NOT obligated to give you new doors. If you want new doors, you can pay the difference in value between the cost of USED doors in that condition (prior to the damage) and new. Are you willing to do that??

"Do I have a strong case?"
*** In my opinion, no.

"Am I being unreasonable?"
*** In my opinion, yes.

"By the way, I live in California if that makes any difference."
*** It doesn't.
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JETX, I do not sit on this site all day as you do, I also do not make it my agenda to correct anyone on here giving advice. You are not a lawyer by profession as many are not who give advice here. You seem to have this thing about correcting me, yet you have no idea my profession, or background. I am not a lawyer, as you are not. Can't you just ignore me? I don't understand your need to constantly correct people when you are not even a lawyer yourself.

Try not looking at anything I post, I am old enough to hire babysitters, not need one. I don't see you correcting anyone else, so kindly get off my tail.
 
A

ashley911

Guest
The doors are only 1 year old. By shattering my windows, the landscaper has voided my 20 yr warranty for the window and 10 year warranty for the rest of the door. The manufacturer has documented that replacing only the windows is not feasible as the windows are welded to the door. Also, he must give me anderson windows, not some imitation. In essence, I bought a Mercedes Benz not a Honda Civic.
 
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S

Shay-Pari'e

Senior Member
ashley911 said:
The doors are only 1 year old. By shattering my windows, the landscaper has voided my 20 yr warranty for the window and 10 year warranty for the rest of the door. The manufacturer has documented that replacing only the windows is not feasible as the windows are welded to the door. Also, he must give me anderson windows, not some imitation. In essence, I bought a Mercedes Benz not a Honda Civic.
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As I asked, did you and the landscaper have any written agreement whatsoever as to the the liability of their work on your property?
 
K

krispenstpeter

Guest
This is a second post of a previous one where the poster stated that the gardner was 'weedeating' in the garden.

:D
 
J

JETX

Senior Member
Paridise drooled:
"Can't you just ignore me?"
*** I often ignore you. However, I won't ignore your post when they are legally inaccurate or of no legal relevance.

"I don't understand your need to constantly correct people when you are not even a lawyer yourself."
*** I only 'correct people' when their posts are incorrect. And can you think of any reason why you believe that my corrections are being done 'constantly'??? Could it be because your posts are 'constantly' incorrect??
If you had taken the time to read my posts, you would find that a small minority of them are 'corrections' as most are not in response to original posts or a post has already been answered by a 'KNOWLEDGEABLE' person.

And I will bet you dollars to donuts that I have 100 times more court experience than you do.

"Try not looking at anything I post, I am old enough to hire babysitters, not need one. I don't see you correcting anyone else, so kindly get off my tail."
*** When a child shows that they are experienced enough to not need a babysitter, the parents usually stop providing one. You haven't shown that experience yet. In fact, the majority of your posts where you try to offer something are either incorrect or not relevant to the issue at hand. As such, I will continue to correct or reply as needed. If you post a reply and I don't correct it, it is either correct or I just didn't see it. Consider me your 'conscience'. Believe me, I would much rather your posts be accurate so that I don't have to 'repair your damage'. :D
 
H

HomeGuru

Senior Member
--PARIDISE-- said:
JETX, I do not sit on this site all day as you do, I also do not make it my agenda to correct anyone on here giving advice. You are not a lawyer by profession as many are not who give advice here. You seem to have this thing about correcting me, yet you have no idea my profession, or background. I am not a lawyer, as you are not. Can't you just ignore me? I don't understand your need to constantly correct people when you are not even a lawyer yourself.

Try not looking at anything I post, I am old enough to hire babysitters, not need one. I don't see you correcting anyone else, so kindly get off my tail.
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**A: and PAIRADICE, why don't you just ignore this website and find another one that you can play on. I am also sick and tired of reading your lame uneducated responses. So please drag your dirty tail off the ground and begone.
 
S

Shay-Pari'e

Senior Member
What is the name of your state?
HomeGuru said:
**A: and PAIRADICE, why don't you just ignore this website and find another one that you can play on. I am also sick and tired of reading your lame uneducated responses. So please drag your dirty tail off the ground and begone.
Click to expand...

I find this site not only interesting, but am working on something that will further my career. You would not be sick of reading anything I write if you did not "CLICK" on my name.

Insults from internet users, means nothing to me. There is a administration of this site, and YOU are not a part of it. You and JETX can do what ever you want, correct me all you want, what ever you get off on.

I do not make it a habit to give my own opinion of people giving advice here, but I will for a moment.

"You both live here, seems like you do nothing else. You are not employed by the company, just enjoy giving your opinion".

Your opinion just does not effect me. What ever floats your boat you guy's, your issues in life are not mine and I just won't have a confrontation with you on a public forum when I know neither of you.
 
J

JETX

Senior Member
So, if I understand you correctly, you admit to having NO legal knowledge or experience and admit to providing incorrect answers to questions being asked.... but insist that it is somehow your 'right' to continue misleading people.
Right??
Wrong!!
 
K

krispenstpeter

Guest
Insults from internet users, means nothing to me. There is a administration of this site, and YOU are not a part of it.
Click to expand...
Now THAT was funny :eek:
 
J

JETX

Senior Member
What is the name of your state? I am about to show 'paridise' how an 'administrator' works. :D
 
D

Diezo1

Junior Member
Industry track record

As late as i may be, let me shed some experience on this matter. It may help....it may not.

Most good reputable companies will just take care of it. Sometimes we try to cut corners and choose the mom and pops servicemen.....and ....well...we get what we pay for. Im not saying this is the case.

In my experience with damage to property, the first obstacle, which you seem to have overcome, is proving their liability. A mere coincidence that they were there doesnt constitute liability. If you have the object or a witness that helps. The second obstacle would be making the determination of cost liability. What is it worth? As the person above states.."it is used". In going with your example, you bought a Mercedes but as soon as you turned off the lot, the value decreases substantially. It then becomes the obligated party's duty to replace (at fair market value) what theyve broken. At least in Ohio.....return to its existing condition.

Unfortunately in this line of work damage is inevitable. The equipment is built to operate at high rates of speed with limited guarding. One thing to consider when choosing a service provider is insurance. Are they covered? Again, a good company would probably just replace the entire section and take the loss as a cost of operating. We spent $41,890 in 2012 in damages. It happens to the best of us. We are almost $11 milllion and its my headache to deal with EVERY thing we hit/break/scratch/dent/knock over/pull up.
 
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