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.
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.
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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.