UnlicensedWorkers

The following story is gleened from the Temecula Valley News
Friday, September 28th, 2007 Issue 39, Volume 7

Homeowners who hire unlicensed contractors to perform tree work expose themselves to liability for
injuries suffered by employees of the contractor. Many times throughout the year, and particularly
during tough economic times, unqualified entrepreneurs grab a chainsaw and decide to go into the
tree business.

"With thousands of dollars at stake, not to mention the integrity and appearance of your property and
your personal safety, make sure you investigate before deciding which company you should hire,"
warns Peter Gerstenberger, senior advisor for safety, standards and compliance with the Tree Care
Industry Association (TCIA). "If the 'professional arborist' you hired to remove a tree drops it on your
house instead of your lawn, it's too late to confirm the company is insured."

A large number of consumers have been dragged into litigation involving uninsured contractors. Why?
Because if an employee is injured on the job, the homeowner may be responsible for his injuries or
disabilities. Of course, if that unlicensed tree service drops a limb on the house - or a tree on a
neighbor's house - there is probably no protection other than the homeowner's insurance, and even
that may not be the case as some insurance companies won't cover damages caused by unlicensed
contractors.

Consumers believe that paying a tree service "under the table" will save money. That may or may not
be true, but if there is a problem the consumer almost never has an option with an unlicensed or
uninsured contractor. In addition to having no insurance, unprofessional companies are less likely to
perform professional work. Consumers may end up paying more to repair the damage, or may lose the
value of a specimen tree that declines due to poor care.

"Disreputable companies are renowned for ripping gutters off, breaking fences and bird baths and
even dropping trees on houses," says Gerstenberger. "Then they typically fold up and leave, never to
be seen again." In most cases, unlicensed tree workers are employed by companies that do not have
workers' compensation insurance or liability insurance. These companies do not pay city, state, or
federal taxes. They do not secure permits when required. Any of these problems can cause a
homeowner costly legal problems!

How can homeowners protect themselves? Disreputable companies tend to:
- Solicit work door-to-door.
- Demand payment in advance.
- Advertise topping, an injurious practice reputable companies provide alternatives to.
- Sell jobs without producing a written estimate or work order.

Start by calling the local Chamber of Commerce or look for companies listed in the phone book or
on-line. Do not hire someone with a chainsaw who knocks on your door! The 'good deal' he offers is
only good for him, and is often not much less than a professional performing professional work.

When you meet the contractor:
- Ask for copies of their license(s), and check them. Some outfits operate with invalid licenses.
- Ask for copies of their insurance certificates. If they can't produce them, don't use them.
- Verify professional affiliations.
- Ask for and check local referrences. Legitimate companies will gladly provide them.
- Don't be lured by a bargain, and don't pay an advance.
- Insist on a signed contract as to the cost and an explanation of what work will be performed.
- Don't necessarily go with the lowest bid. Go with the contractor you trust the most.
- If a company is busier than most, they are probably worth waiting for.

If you would like some professional help in creating a safer, more fire resistant landscape, consult a
professional who deals regularly with the local fire marshall and insurance companies.

An easy way to find a professional tree care provider in your area is to use the "Locate Your Local TCIA
Member Companies" program. You can use this service by calling 800-733-2622 or by doing a ZIP
code search at www.treecaretips.org.