# Wrong address



## Theycallmemrr (May 16, 2019)

Came home to find that a local fert and squirt company had treated my lawn with Trimec Classic on 7 April after I had treated it myself with my second round of pre emergent and Triad Select on the 2 April.

1. Will there be any detrimental effects on my lawn?
2. How would you proceed when contacting them about the error?


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## Grizzly Adam (May 5, 2017)

We need to know doses to say for sure. I would tell them to come remove it =)


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## Theycallmemrr (May 16, 2019)

@Grizzly Adam I sprayed at 1 oz/M. According to the Triad Select label I can go from 0.75 oz to 1.1 oz/M.

How would they remove what they sprayed?


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## Phids (Sep 24, 2020)

May want to ask for compensation given that you seem to have a legal claim based upon negligence (not to mention trespass). Before you do this, anticipate what damage the overapplication might do to your lawn.


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## Grizzly Adam (May 5, 2017)

Theycallmemrr said:


> @Grizzly Adam I sprayed at 1 oz/M. According to the Triad Select label I can go from 0.75 oz to 1.1 oz/M.
> 
> How would they remove what they sprayed?


They wouldn't. That was me being facetious.


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## Theycallmemrr (May 16, 2019)

Phids said:


> May want to ask for compensation given that you seem to have a legal claim based upon negligence (not to mention trespass). Before you do this, anticipate what damage the overapplication might do to your lawn.


I am not sure what, if any damage will occur.


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## FATC1TY (Jul 12, 2017)

Do you have an invoice of what was applied? If not, contact them to ask.


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## Redtwin (Feb 9, 2019)

If it gets dinged I would also consider calling whichever licensing agency regulates them in your state. Not trying to be a trouble maker but that's a pretty significant mistake. They should be blowing your phone up with apologies, explanations, and remedies.


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## Theycallmemrr (May 16, 2019)

This is the only info of what they sprayed.


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## Grizzly Adam (May 5, 2017)

So you both put on three way herbicides, essentially the same product. I imagine your grass will be stressed, stunted. Some of it may even die. I would definitely call the company that made the error. And make sure you keep that paper and get picsvof their app flags.


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## BobLovesGrass (Jun 13, 2020)

I think you just need to make them aware of the mistake ASAP incase of damage, then if damage occurs go from there.


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## Theycallmemrr (May 16, 2019)

Grizzly Adam said:


> So you both put on three way herbicides, essentially the same product. I imagine your grass will be stressed, stunted. Some of it may even die. I would definitely call the company that made the error. And make sure you keep that paper and get picsvof their app flags.


@Grizzly Adam Correct. I applied on Saturday and they applied it the following Thursday. I have the invoice and I have video of them spraying my lawn. No flag.

@BobLovesGrass I am going to call today and notify them of their mistake and see if I can get them to tell me how much they applied. The direction I proceed will depend on how they respond and how my lawn does as well.

This is a picture of my part of my lawn after a mow on 10 April. I think it is to soon to tell whether any damage has occurred.


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## Theycallmemrr (May 16, 2019)

Here is an update of my lawn.






In the last photo you can see there is some splotches in the grass. When talking to the company on the phone they said it could be a fungus. They have also asked for photos which I will send later today. The areas with lack of color/hit the hardest are areas that are not as thick as well.


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## mjh648 (Sep 1, 2020)

They are now going to try to upsell you some fungicide treatments :lol:


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## Redtwin (Feb 9, 2019)

https://gdaforms.wufoo.com/forms/pesticide-incident-form/


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## Theycallmemrr (May 16, 2019)

mjh648 said:


> They are now going to try to upsell you some fungicide treatments :lol:


I told them yesterday that I don't want them treating my yard. I never even contracted them in the first place. If it is a fungus I spraying/treating myself.


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## Theycallmemrr (May 16, 2019)

Redtwin said:


> https://gdaforms.wufoo.com/forms/pesticide-incident-form/


@Redtwin 
I appreciate the link. This is my next step if they don't make me whole. If you were in my shoes what would you ask them to make you whole?

Right now I am going to have to buy a different herbicide because according to the label its 2 applications/year.

I have to look at a splotchy yard. I have been spoon feeding it in hopes it grows out of it but not sure how they could compensate/fix this?

I am sure there are other things I am forgetting.


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## Grizzly Adam (May 5, 2017)

I think you are going to be looking at over-seeding, irrigation costs, your time and inconvenience. That isn't fungus, that is your lawn in deep stress!


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## Redtwin (Feb 9, 2019)

I can't even begin to think of an appropriate remedy. They are going to say the damage is from a fungus but since it was coming out of dormancy their double application would significantly delay and make things worse.


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## Redtwin (Feb 9, 2019)

Grizzly Adam said:


> I think you are going to be looking at over-seeding, irrigation costs, your time and inconvenience. That isn't fungus, that is your lawn in deep stress!


Overseeding is not really a viable option for Bermuda unless it happens to be a seeded cultivar.

Did they spray the back as well?


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## Theycallmemrr (May 16, 2019)

Redtwin said:


> Grizzly Adam said:
> 
> 
> > I think you are going to be looking at over-seeding, irrigation costs, your time and inconvenience. That isn't fungus, that is your lawn in deep stress!
> ...


@Redtwin 
Yes they did spray the back as well. Thanks for confirming what I was thinking. My backyard was not as thick as my front yard but definitely but definitely covered in grass.

@Grizzly Adam 
Thanks for confirming what I was thinking. Since it is bermuda it cannot be overseeded.


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## Theycallmemrr (May 16, 2019)

Update: A supervisor came over yesterday in the afternoon to assess the damage. He saw that it was stressed from the 3 way. He mentioned that my yard looked very well taken care of and was surprised that only one person was taking care of it. He offered to monitor the grass, a topdressing, aeration and fertilization to help it rebound. He apologized many many times which I appreciated. He said he would have to talk to the office and that they would get back to me.


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## DFW_Zoysia (May 31, 2019)

Theycallmemrr said:


> Update: A supervisor came over yesterday in the afternoon to assess the damage. He saw that it was stressed from the 3 way. He mentioned that my yard looked very well taken care of and was surprised that only one person was taking care of it. He offered to monitor the grass, a topdressing, aeration and fertilization to help it rebound. He apologized many many times which I appreciated. He said he would have to talk to the office and that they would get back to me.


Good to hear. I never have an issue with people who make mistakes. Lord knows I make them all the time. What will determine if I get upset or not is if/how they try and make it right.


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## Grizzly Adam (May 5, 2017)

Theycallmemrr said:


> Update: A supervisor came over yesterday in the afternoon to assess the damage. He saw that it was stressed from the 3 way. He mentioned that my yard looked very well taken care of and was surprised that only one person was taking care of it. He offered to monitor the grass, a topdressing, aeration and fertilization to help it rebound. He apologized many many times which I appreciated. He said he would have to talk to the office and that they would get back to me.


Hopefully all at no cost?


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## Theycallmemrr (May 16, 2019)

DFW_Zoysia said:


> Theycallmemrr said:
> 
> 
> > Update: A supervisor came over yesterday in the afternoon to assess the damage. He saw that it was stressed from the 3 way. He mentioned that my yard looked very well taken care of and was surprised that only one person was taking care of it. He offered to monitor the grass, a topdressing, aeration and fertilization to help it rebound. He apologized many many times which I appreciated. He said he would have to talk to the office and that they would get back to me.
> ...


@DFW_Zoysia 
I totally agree. I am upset but not mad. It seems like they are trying to make it right which is all I want.


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## Theycallmemrr (May 16, 2019)

Grizzly Adam said:


> Theycallmemrr said:
> 
> 
> > Update: A supervisor came over yesterday in the afternoon to assess the damage. He saw that it was stressed from the 3 way. He mentioned that my yard looked very well taken care of and was surprised that only one person was taking care of it. He offered to monitor the grass, a topdressing, aeration and fertilization to help it rebound. He apologized many many times which I appreciated. He said he would have to talk to the office and that they would get back to me.
> ...


@Grizzly Adam 
Absolutely on their dime.


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## Theycallmemrr (May 16, 2019)

So I just heard they are offering $200 to purchase a new herbicide as I mentioned I was afraid I was at my yearly limit. Nothing was mentioned of the aerating, topdressing, or fertilizing. I do not feel this is enough compensation as I had grass covering my entire yard last year (October) and now I do not. Am I being unreasonable and expecting too much? The top photo is last year and the bottom was taken on 18 April.


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## Grizzly Adam (May 5, 2017)

I think fair compensation would be services for the rest of the year and a good sized pay off. I would say until the lawn return to normal, but why should they not have to compensate your for vandalizing your lawn and you having it look like trash most of the year.


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## TNTurf84 (Jan 10, 2021)

With that much damage they should add an extra "0" to that number.


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## Phids (Sep 24, 2020)

Theycallmemrr said:


> So I just heard they are offering $200 to purchase a new herbicide as I mentioned I was afraid I was at my yearly limit. Nothing was mentioned of the aerating, topdressing, or fertilizing. I do not feel this is enough compensation as I had grass covering my entire yard last year (October) and now I do not. Am I being unreasonable and expecting too much? The top photo is last year and the bottom was taken on 18 April.


If I were you, I would start by keeping a paper trail, and send an email to the supervisor at the company re-stating what you were told that you would receive. If you want to make sure it does not get lost in someone's email, be sure to cc at least one other person in the company as well. Oh, and be sure to include those pictures of your lawn that you posted here. That may cause them to act.


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## Grizzly Adam (May 5, 2017)

Phids said:


> If I were you, I would start by keeping a paper trail, and send an email to the supervisor at the company re-stating what you were told that you would receive. If you want to make sure it does not get lost in someone's email, be sure to cc at least one other person in the company as well. Oh, and be sure to include those pictures of your lawn that you posted here. That may cause them to act.


Also, them knowing that you are considering filing an incident with the Department of Agriculture will make them take you more seriously.


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## Redtwin (Feb 9, 2019)

Grizzly Adam said:


> Also, them knowing that you are considering filing an incident with the Department of Agriculture will make them take you more seriously.


I would definitely let them know that this is on the table.


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## Theycallmemrr (May 16, 2019)

Phids said:


> Theycallmemrr said:
> 
> 
> > So I just heard they are offering $200 to purchase a new herbicide as I mentioned I was afraid I was at my yearly limit. Nothing was mentioned of the aerating, topdressing, or fertilizing. I do not feel this is enough compensation as I had grass covering my entire yard last year (October) and now I do not. Am I being unreasonable and expecting too much? The top photo is last year and the bottom was taken on 18 April.
> ...


The person who emailed me was the supervisor who had came to inspect the damage and mentioned the services. I had verbally said I was not interested in them fertilizing or aerating. But upon reflection aerating would be nice. But not a big deal as I purchased a Ryan Greensaire 24 last year and it pulls cores like no body's business. I am hesitant to have them fertilize as I want to be able to control the inputs this year and spoon feed so I do not get surges of growth. Plus I already purchased enough urea and potassium nitrate for the year.


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## DFW St Aug (10 mo ago)

I would just let them know that you intend to file the report and that you do not want them touching your lawn at all. I would start tracking all expenses required to rehab your lawn, taking pictures along the way, and tell them that you expect them to pay the total cost.


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## Grizzly Adam (May 5, 2017)

You could also do a worst case scenario-- call another company in and get repair quotes and a full re-sod quote.


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## FATC1TY (Jul 12, 2017)

Yeah, I be angling for a fresh start if it starts to get out of control. Don't let them control what the fixed costs is, but be reasonable.

Hate that happened, I have one neighbor who gets just a cut and blow, and thankfully, I'll be okay with their weeds and whatnot if I don't have the lowest common denominator show up to apply something.

I used to have a neighbor have a pretty decent topped company come do applications and the guy would sling fertilizer 7 foot into my yard. Would
Sit on top if I didn't catch it and burn my yard line something serious due to the prills sitting around. Hated it!


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## Theycallmemrr (May 16, 2019)

Grizzly Adam said:


> You could also do a worst case scenario-- call another company in and get repair quotes and a full re-sod quote.


@Grizzly Adam 
I sent a pointed letter today with a quote to get my yard sodded ($18-20K) :shocked: I got a pretty quick reply if they could come over and talk to me and take some pictures.

@FATC1TY 
I am definitely willing to hear them out and be reasonable. But I need to value the time and money that I have spent to get my yard to what it was before the mishap. I felt very insulted when I got an offer of $200 which neither respected my time or money spent.


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## atticus (Dec 30, 2021)

My 2 cents: This company doesn't have a leg to stand on. This was 100% their mistake and they are liable for as much damage as you are willing to pursue. It seems like you have pretty well documented photo evidence of before/after shots as well as all of your interactions with them. I'm all about forgiveness and giving folks the benefit of the doubt, but this is also why companies have insurance for when their employees screw up. You don't owe some company the expense of your time, dedication and hard earned money. $200 is an insult, if it were me and their tune didn't seriously change in their next communication, I'd let a small claims judge decide how sympathetic to be to this licensed and insured yard company.


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## Tx_Ag19 (Dec 13, 2020)

Fuck that company with that lousey *** offer. They fucked up your yard and I would expect them to pay for the yard to be re-sodded and potentially dirt amended if too high of a chemical content for new grass to establish.


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## San (Jun 21, 2021)

Any proper landscaping company should have a liability insurance. Did they mention this at all?


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## Tx_Ag19 (Dec 13, 2020)

Any court would side with you and force the company to pay damages. You can easily prove that point by the additional expenses you'd have trying to grow the grass back and subsequent mental distress and anguish that this event caused you and your family. The lawn is not just grass, it is clearly your passion and their fuck up ruined it.


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## FATC1TY (Jul 12, 2017)

Wow $200 is pretty insulting, they'd have done better not offering anything at this point. I would be pressing harder after that lousy offer and half hearted response if you indeed have some damage that is long term.


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## CLT49er (Jun 19, 2020)

They wont budge without you having a lawyer writing a formal letter. And thats gonna cost you. They know that. I would just proceed to report to Dept of Ag and your local water department.


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## GrassAndWater12 (Jan 5, 2019)

If it was me I would probably lawyer up. Just like being in a car wreck, getting hurt and accepting a small amount for pain and suffering. Later on if you see long term effects it's on you because you already accepted the pain and suffering pay out. It may only take a letter from a lawyer for them to make things right with you.

A lawyer fee is a lot cheaper than a re-sod and soil amendment job out of your pocket. Just my opinion…


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## Theycallmemrr (May 16, 2019)

So I met with them a second time on Friday at their request. This time the two people from the company came out. They said asked me what I would like as compensation like some money for extra chemicals, pay the water bill for the year if I needed to water more, possibly an alternative herbicide but would not pay for new sod or topdressing. They argued that the temperature has been cold when they sprayed and grass has not come fully out dormancy and that my grass had similar trouble areas as evident from a photo from 2013 which is before I even owned my house. They also said they had a client about an hour south of me pay them and Trugreen to treat their yard and it did not have any effect on it. Before they left they told me to think about it and get back to them. They also stated if I wanted to pursue this further legally to let them know.

This is a pic from the 24th



This is at the end of last season



And last ~11 April



I am going to talk to a lawyer today and see what they say.


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## Automate (Aug 14, 2020)

Do you have any pics this year just before they sprayed?


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## CLT49er (Jun 19, 2020)

Water bill offering not bad if you get the check up front and dont use it. $400/mo at 5 months. Not bad today accept that and walk away. Bermuda will bounce back.


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## Theycallmemrr (May 16, 2019)

Automate said:


> Do you have any pics this year just before they sprayed?


@Automate

27 March


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## Theycallmemrr (May 16, 2019)

CLT49er said:


> Water bill offering not bad if you get the check up front and dont use it. $400/mo at 5 months. Not bad today accept that and walk away. Bermuda will bounce back.


@CLT49er 
I am not sure they would be up for that. But not a bad idea.


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## Redtwin (Feb 9, 2019)

Theycallmemrr said:


> CLT49er said:
> 
> 
> > Water bill offering not bad if you get the check up front and dont use it. $400/mo at 5 months. Not bad today accept that and walk away. Bermuda will bounce back.
> ...


Tack on a bottle of Celsius and Certainty since you will need to change up your AIs.


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## San (Jun 21, 2021)

Though these top view drone shots are great, I don't think they do your yard justice.

I would use these type of pictures from your other posts as the "before".


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## Theycallmemrr (May 16, 2019)

San said:


> Though these top view drone shots are great, I don't think they do your yard justice.
> 
> I would use these type of pictures from your other posts as the "before".


@San 
Thanks. I totally agree. I just wanted to show a comparable view. The company complained about not having comparable shots of my yard.


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## Redtwin (Feb 9, 2019)

Didn't you post an overhead from April 11, 2022 above?


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## Automate (Aug 14, 2020)

Redtwin said:


> Didn't you post an overhead from April 11, 2022 above?


No, April 11, 2021


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## Redtwin (Feb 9, 2019)

Oh... well it's not the best shot anyway since April is the month it is waking up and not in full swing to show the full potential of the turf. I think the shot @San posted would show what it should be looking like in the summer. Obviously that's probably not going to be the case this season.


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## Theycallmemrr (May 16, 2019)

Redtwin said:


> I think the shot @San posted would show what it should be looking like in the summer. Obviously that's probably not going to be the case this season.


This is what breaks my heart. I was planning on leveling. Should I not proceed as planned. I have been pushing the grass with weekly foliar doses of ~.20-.25 lbs N/M.


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## Redtwin (Feb 9, 2019)

I would wait until you start to see some better top growth before leveling it.


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## Theycallmemrr (May 16, 2019)

Redtwin said:


> I would wait until you start to see some better top growth before leveling it.


Do you think I can take plugs from the good areas to start filling in the poor areas?


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## Redtwin (Feb 9, 2019)

Theycallmemrr said:


> Redtwin said:
> 
> 
> > I would wait until you start to see some better top growth before leveling it.
> ...


I think that would be a good idea.


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## Theycallmemrr (May 16, 2019)

So the lawyer called but I missed his call. I am going to call him back today. This past weekend my daughters and I made ~170 plugs and filled in some areas in the back that are barren.


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## Trippel24 (Jul 9, 2018)

Tx_Ag19 said:


> Any court would side with you and force the company to pay damages. You can easily prove that point by the additional expenses you'd have trying to grow the grass back and subsequent mental distress and anguish that this event caused you and your family. The lawn is not just grass, it is clearly your passion and their f--- up ruined it.


Not to mention physical labor! By the looks of your beautiful property, your not the slightly above minimum wage type that this company is likely paying their employees. I think you can get this back with lots of water and nitrogen by summer, but I would wait to do much till things are settled with this company.


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## Theycallmemrr (May 16, 2019)

So I talked to a lawyer. He stated I should get an estimate of what it takes to fix it and send a demand letter. If I need to escalate then its $600 for retainer (4hrs of work) plus $100 to file in magistrate court which is capped at $15,000 in damages. If it goes above 4 hours of work then I am on the hook for that at per hour rate.


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## mjh648 (Sep 1, 2020)

are punitive damages recoverable?


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## Theycallmemrr (May 16, 2019)

Trippel24 said:


> Tx_Ag19 said:
> 
> 
> > Any court would side with you and force the company to pay damages. You can easily prove that point by the additional expenses you'd have trying to grow the grass back and subsequent mental distress and anguish that this event caused you and your family. The lawn is not just grass, it is clearly your passion and their f--- up ruined it.
> ...


I cannot charge for my labor but have a duty to fix it in the meantime. I have putting close to 1/4 lb N weekly and letting the Rachio water as it thinks it should. My wife tells me I spend to much time outside working on the lawn, recently complained how bad it looks. So now I have an excuse to be outside.


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