Evergreen Homes NW

Dear Mr***,Based on the evaluations by the arborists, the wisest course of action still appears to be to let the tree remain in place as it will likely survive just fine Even if the root had been cut or even inches further away from the trunk, the potential damage would be the same That is not a significant difference as it was one of many roots.So our suggestion is that we leave the tree alone and pay you a settlement of $for the aggravation you have undergone I think it would benefit everyone if this discussion were to end.With best regards,Chris [redacted] Evergreen Homes NW

Complaint: ***I am rejecting this response because:In answer to the response posted by Evergreen Homes NW, Iwould like to point out the following: - The foreman, Sterling ***, by his ownadmission did not make “a mistake.” He instructed the landscape company, *** *** specifically to cross the property line inches, not 9inches as they claimed, to excavate for the retaining wall because of the tightspace between the foundation of the house and the actual property line- There were multiple tree roots ripped off bybackhoe, involving two trees, as opposed to the one root mentioned, and the measurement of inches is inaccurate.My measurements show that inches of root were ripped out of both the firtree and the cottonwood treeSince they crossed the property line by 18inches, it seems obvious that at least that amount of root would have beenremoved- The arborist who said the trees would probablybe “fine” is from of the same company, *** *** ***, which ripped outthe tree roots in the first place, so evidently his opinion would not beunbiasedTwo other arborists who were consulted suggested that it would beprudent to cut the trees down and replace them because of possible risk of damageto the home as a resultAll three arborists agreed that the trees may survive,but the damage might promote decay in the future and pose a threat as the treesgrow in size, adding that strong winds will be a concern in the future- Evergreen Homes NW has offered $for thereplacement of the treesIn fact we are talking about two fairly mature trees:a 30-foot tall/ 7-inch D.B.H Douglas fir, and a 15-foot tall/ 4-inch D.B.H cottonwoodIt seems that“replacement” suggests that something of equal value should be offered; $200would do nothing to compensate for the loss of the two treesBased on the TreeAppraisal using Trunk Formula Method as defined by the Councilof Tree and Landscape Appraisers, or if they used their own arborist to do a “fair”appraisal of the value of the trees, it seems obvious that the amountwould be much higher than the amountofferedI view the offer of $as a rather insulting gesture rather than asincere effort to make up for the damage they caused- Finally, the company’s claim that they want tobe a “good neighbor” is contradicted by the fact that they purposely crossedthe property line, willfully caused damage and then lied about what took place.A “good neighbor” would make a sincere effort to give a real apology by makinga true effort to correct the damage they caused, and not draw the matter outfor almost two months of denials, arguments and delays Sincerely,*** ***

Complaint: [redacted]I am rejecting this response because:All three arborists agreed that the trees may survive, but the damage might promote decay in the future and pose a threat as the trees grow in size,adding that strong winds will be a concern in the future.  The arborist who suggested that “the wisest course of action is to let the tree remain in place as it will likely survive just fine” is from of the same company, [redacted], which ripped out the tree roots in the first place, so evidently his opinion would not be unbiased. The  arborist from [redacted] recommended removing the tree now to avoid any issues that may develop going forward.  The arborist from [redacted] commented as follows: “Depending on wind direction these trees could fail and damage property.  It is therefore the contractor’s liability, not [redacted]’s problem.” Thus it is evident that all liability for any future damage – which is most likely to affect the house currently being built – is in the hands of EHNW, and I request that this fact should be documented and signed by a representative of the company in order to clearly assign liability for any future problems.Sincerely,[redacted]

Dear Mr. [redacted],Based on the evaluations by the arborists, the wisest course of action still appears to be to let the tree remain in place as it will likely survive just fine.  Even if the root had been cut 9 or even 12 inches further away from the trunk, the potential damage  would be the same.  That is not a significant difference as it was one of many roots.So our suggestion is that we leave the tree alone and pay you a settlement of $500 for the aggravation you have undergone.  I think it would benefit everyone if this discussion were to end.With best regards,Chris [redacted]Evergreen Homes NW

In building a new home on the lot adjacent to Mr. [redacted]'s property, our foreman made a mistake and excavated for a wall 9 inches into Mr. [redacted]'s property.   A root for a tree on his property was severed 9 inches closer to the tree itself, which is about 5 feet away.  We had the tree evaluated...

by two certified arborists.  They both indicated that the tree will probably be fine but we won't know for sure for some years.  They also indicated that if we had severed the root 9 inches further away from the tree trunk, which is were it would have been cut off anyway had it not been for our error, that that would not have made any difference whatsoever to the survivability of the tree.  We apologized to Mr. [redacted] for our error, but he was  concerned that the tree will die at some point in the future and he will have to cut it down.  He further indicated that he wants $2000 compensation for all the worry this has caused him.  Based on the arborists' reports, we do not feel any compensation is justified since they believe the tree will probably survive just fine, and that even if we had cut off 9" less of the one root, that would not have made any difference.  Nonetheless, in an effort to be a good neighbor, we are willing to remove the tree at our expense, and pay Mr. [redacted] up to $200 for a replacement tree.