Legal restrictions on contract fees - breach of contract

[maidao2001]

California

i contracted with a local tree service to remove a large tree in our front yard. The contract quote included hauling and disposal fees.

Instead, they gave a rather large partion of this unsplit wood, in big trunk pieces, to my neighbor across the street.

The same neighbor who already makes noise 24/7 (hammering, sawing now splitting all these trunks) burns wood and trash in their fireplace which is totally toxic for my spouse with respiratory issues, (to make it worse, we live uphill and upwind) And finally, we live in the forest...and this toxic wood is flammable material, so all this hazard has done is moved across the street to the neighbors house, While the rest of us are trying to clear all this excess trash to make our neighborhood safer.

The tree service tried to tell me that they get to dispose of it, as they see fit. And, oh, guilt trip me into feeling bad about "doing a good deed for a neighbor - which I am happy to do, but that one would NOT BE THE ONE.

So, I did a little research and I found there are some regulations about businesses that produce organic waste in CA, they are required to recycle it properly. Untreated wood, is considered organic waste.

http://www.calrecycle.ca.gov/Recycle/Commercial/Organics/

Giving it to my neighbor is not recycling this organic waste - and, in my opinion is not the behavior of a business touting credentials from The Better Business Bureau, which this business does.

They are not responding back to me. I don't want that wood at my neighbor's house across the street - it's a fire hazard and junkyard as it is. Right now those huge trunks blocking his driveway, which just goes to show how unsafe this neighbor is.

Should I just go ahead and hire someone to haul it away, and deduct this and the disposal fee from our invoice? Do I have a case for breach of contract?

Please advise.

 

[adjusterjack]

I don't want that wood at my neighbor's house across the street -

That's not your call.

it's a fire hazard and junkyard as it is.

That's just your opinion and means nothing.

Call the fire department and city code department and file a complaint. It's their opinions that count, not yours.

Right now those huge trunks blocking his driveway, which just goes to show how unsafe this neighbor is.

Again, your opinion, which means nothing. He's got every right to block his own driveway until some government agency tells him not to.

Should I just go ahead and hire someone to haul it away,

From your neighbor's property? That's criminal trespass and theft. Possibly felony level. Go to jail, go directly to jail, do not pass Go, do not collect $200.

and deduct this and the disposal fee from our invoice? Do I have a case for breach of contract?

No. The tree service hasn't breached anything if there was nothing in the contract directing him to leave the wood on your property. You did include haul away in the contract, right? That's what he did. That he hauled it across the street is his own business.

Anything you don't pay puts you in breach of contract and you can be the one facing a lawsuit.

The same neighbor who already makes noise 24/7 (hammering, sawing now splitting all these trunks) burns wood and trash in their fireplace which is totally toxic for my spouse with respiratory issues, (to make it worse, we live uphill and upwind)

Again, report him to appropriate authorities. If he's doing something illegal, they will make him stop. If he isn't doing anything illegal, there won't be anything you can do about it.

I get it. You're pissed because your contractor gave away the cut down wood to your neighbor, a neighbor for which you already have feelings of hostility. Well, bottom line here, is you may just have to get over it.

 

[maidao2001]

I already talked to this neighbor, and told him I want the wood back, and while he's not happy about it, he knows someone will be getting it. So this big feud you think I am trying to foment with my neighbor, is a non issue.

Anyway, I don't find your answer very helpful re: the contract and disposal of what is considered "organic waste"...that is what untreated, freshly cut wood is.

When the tree service contracted the disposal fee, they are required to dispose of it in a manner prescribed by law...which is to turn it into woodchips. (I attached a link with that info) They don't get to just roll it over to the neighbor's yard, any more than your local tire business gets to collect a disposal fee for tires, then dump them illegally. I'm concerned about an excess amount of organic waste in my neighborhood, making it unsafe.

You seem much more concerned about private property issues. If I was concerned about trespassing etc, I would have posted in that area of the forum. None of this property is worth crap if it all goes up in smoke.

So, thanks anyways for your not helpful answer. You clearly ignored all those governmental regulations I posted about proper disposal, by a business, of organic waste. My question is, did this business meet it's contractual obligations to me legally?

Is there anyone who is willing to comment on the specific contractual obligations of a business with regards to waste disposal, governed by state regulations as prescribed in the link I provided above?

Thank you.

 

[quincy]

I already talked to this neighbor, and told him I want the wood back, and while he's not happy about it, he knows someone will be getting it. So this big feud you think I am trying to foment with my neighbor, is a non issue.

Anyway, I don't find your answer very helpful re: the contract and disposal of what is considered "organic waste"...that is what untreated, freshly cut wood is.

When the tree service contracted the disposal fee, they are required to dispose of it in a manner prescribed by law...which is to turn it into woodchips. (I attached a link with that info) They don't get to just roll it over to the neighbor's yard, any more than your local tire business gets to collect a disposal fee for tires, then dump them illegally. I'm concerned about an excess amount of organic waste in my neighborhood, making it unsafe.

You seem much more concerned about private property issues. If I was concerned about trespassing etc, I would have posted in that area of the forum. None of this property is worth crap if it all goes up in smoke.

So, thanks anyways for your not helpful answer. You clearly ignored all those governmental regulations I posted about proper disposal, by a business, of organic waste. My question is, did this business meet it's contractual obligations to me legally?

Is there anyone who is willing to comment on the specific contractual obligations of a business with regards to waste disposal, governed by state regulations as prescribed in the link I provided above?

Thank you.

Is there a law against wood burning fireplaces in your area of California?

Many in Michigan burn wood to save on energy use and costs (gas/electric). People will often give away or sell firewood cut from dead trees on their property and tree services will offer the cut wood first to the homeowner and then to anyone who wants to haul it away.

I have not read the information you linked to but will try to do so later.

 

[adjusterjack]

So, thanks anyways for your not helpful answer. You clearly ignored all those governmental regulations I posted about proper disposal, by a business, of organic waste. My question is, did this business meet it's contractual obligations to me legally?

OK, maybe I wasn't clear.

Your contract included haul away and disposal. That's what the contractor did so there is no breach.

If the contractor failed to comply with disposal regulations then that's a matter for whatever agencies that enforce those regulations and you are free to file complaints with any or all of them.

I already talked to this neighbor, and told him I want the wood back, and while he's not happy about it, he knows someone will be getting it.

There was nothing in your original post that suggested that you got consent from the neighbor to retrieve the "organic material." That's why I cautioned you against a potential criminal act. Now that you have revealed the consent, all's right with the world.

 

[quincy]

...

Is there anyone who is willing to comment on the specific contractual obligations of a business with regards to waste disposal, governed by state regulations as prescribed in the link I provided above? ...

There are a lot of exemptions to the laws on waste disposal.

Are you in a rural area? Is there a local ordinance that addresses wood burning stoves (inside or outside a house)? Does your neighbor have an exemption allowing him to burn firewood? Does the tree service have an exemption based on amount of organic waste generated?

Although one goal of the laws that address organic waste is to reduce air pollution, the reason for the laws is to keep organic materials from landfills by using the organic wastes for compost, fertilizers and biofuels.

It is (generally) the right of a business to recycle their organic waste by selling or donating their recyclable waste to another or others. Their choice. I do not know all of the terms of your contract with the tree service and contracts need to be read in their entirety to be understood but, based strictly on what you have said, I do not see a clear breach by the tree service in the way they disposed of the wood.

I said this in my earlier post and deleted it, but now will say it again: It is important on this forum for posters to be pleasant to the volunteers responding to their questions. If you do not like what is provided, it is best to ignore. Take what you find helpful on this site (if anything) and leave the rest behind.

 

[maidao2001]

Is there a law against wood burning fireplaces in your area of California?

Many in Michigan burn wood to save on energy use and costs (gas/electric). People will often give away or sell firewood cut from dead trees on their property and tree services will offer the cut wood first to the homeowner and then to anyone who wants to haul it away.

Yes there is, there even is one against wood burning stoves...you can only burn pellets in them. You need a special permit, in which you have to prove you have no other means of heating, to burn wood for your primary heating source. During the winter (peak burning and pollution times) we have black outs preventing anyone from burning wood.

What I read from the CA.gov site about this says that if a for profit business is producing organic waste, which is what fresh, untreated wood is, they have certain restrictions/regulations about how it's disposed of. I feel the tree service may have violated those when they just gave it away.

I called the CA.gov people at my local office. He thought I had a good case, but doesn't deal with consumer issues. So, I'm just wondering...if I'm NOT TRESPASSING to get my property back, IF the tree service does not return my calls to have all these stumps removed, should I go ahead and hire someone to remove it, have it disposed of properly, then deduct those costs from the invoice the tree service sends?

Wouldn't the tree service need to go after me in small claims court for that small amount I'm refusing to pay? Hardly seems seems worth their cost and trouble.

 

[quincy]

Yes there is, there even is one against wood burning stoves...you can only burn pellets in them. You need a special permit, in which you have to prove you have no other means of heating, to burn wood for your primary heating source. During the winter (peak burning and pollution times) we have black outs preventing anyone from burning wood.

What I read from the CA.gov site about this says that if a for profit business is producing organic waste, which is what fresh, untreated wood is, they have certain restrictions/regulations about how it's disposed of. I feel the tree service may have violated those when they just gave it away.

I called the CA.gov people at my local office. He thought I had a good case, but doesn't deal with consumer issues. So, I'm just wondering...if I'm NOT TRESPASSING to get my property back, IF the tree service does not return my calls to have all these stumps removed, should I go ahead and hire someone to remove it, have it disposed of properly, then deduct those costs from the invoice the tree service sends?

Wouldn't the tree service need to go after me in small claims court for that small amount I'm refusing to pay? Hardly seems seems worth their cost and trouble.

I don't see that you have any right to remove the wood from your neighbor's property and I do not see that you have a good reason not to pay the tree service what is owed.

I can see where the tree service might have violated a regulation that governs their business and I can see where your neighbor might be violating a local ordinance. I can also see where either or both might be covered by one of the many exemptions.

If there are violations, these could be reported by you to the appropriate authorities and the violators potentially could be cited and fined.

But I do not see any private cause of action available for you to pursue.

 

[maidao2001]

Final Resolution

The neighbor has agreed to give back the wood.

The Tree Service will be picking up the wood, and recycling/disposing of it in accordance with the regulations they are governed by, in the State of California.

I will be paying the full invoice when this work is completed.