Skip to main content

Can I sue a tree removal company for removing trees without a permit?

Springfield, MA |

I hired a local guy to remove large trees on my property that were close to the house. He did not inform me that a permit is required, since the trees were near a wetland. I ended up paying a lot of money to restore the disturbed area and make peace with the conservation commission.

+ Read More

Attorney answers 4

Posted

You may want to consult an attorney to help you with this but yes, you may be able to bring suit. Contractors who are considered home improvement contractors are subject to the home improvement contractor law which requires that the contractor, among other things, obtain the permits necessary to complete the job and if the tree removal company falls within the purview of that law, the company may be liable. There are other causes of action that you may be able to bring against the company but you may run into some trouble if you knew the area where the work was performed was protected. For further information or assistance you should consult an attorney. Best of luck.

The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Erik Hammarlund

Erik Hammarlund

Posted

Generally speaking landscapers are exempt from the HIC statute, or more accurately they're not required to register.

Emma A. Kremer

Emma A. Kremer

Posted

Attorney Hammarlund may be correct, generally speaking, and I thank him for his input. However, contractors who perform work falling under the HIC statute and hire subcontractors to do such work, including landscaping or tree removal, are required to register and obtain the necessary permits. From the facts, I do not know whether there was such a contractor involved. Regardless of the applicability of the HIC statute, you may still have a cause of action against the tree removal company. Consult an attorney for further information or assistance with this matter.

Posted

Yes


henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Posted

Yes, in theory. It depends on your arrangement with the contractor and what you and he agreed on. You may or may not have a case: there is no inherent reason for the contractor to to assume liability for knowing where the wetland border is, and/or your permitting status.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

Posted

I think it is a stretch to try and say that the "local guy" should be required to know where the wetlands are on your property.

Real estate topics

Recommended articles about Real estate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer