# What would you do?



## Plainsman (Jul 30, 2003)

While sitting in the hospital we let a contractor do some work on our home. I told them I would like to be there, but they said they had work on a motel so could not come until maybe September if not now. So I let them come and work. One guy kept filling his water jug at our spigot when we were home. I told them do not throw rocks in the Koi pond, do not feed them, do not add water. Well, I get home and they left the hose running into the pond. Killed all 37 Koi valued at about $10,000. I hope he is insured. I breed them and sell for a little extra spending money.


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## north1 (Nov 9, 2010)

Oh man Plainsman, as if you don't have enough on your mind. Very sorry about your loss. I hope he insured also. I had a contractor add on to our old farmhouse in 1998. He dug a hole next to the old house and left for a week to work on other jobs(like all contractors seem to do). Wife came home from work and called screaming that the whole east wall of our basement had caved into the pit. Turns out he undercut the wall, didn't shore it up and wasn't insured. Our insurance wouldn't cover it and called an attorney and he said only way was to sue. It was a local contractor and I didn't have the heart to do that, plus he offered to do repair at cost to rebuild part of basement so that is what we did.

If he isn't insured I guess either make a deal to do work you had scheduled for free to make up the difference or call an attorney. I think communication is the key. Call him, sit down and try to hash it out. If he shows no respect for your situation and is rude about it I would contact an attorney. Hopefully he is either insured or will work out a deal on the project to make up for your loss. Good luck, and God Bless.


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## xdeano (Jan 14, 2005)

You lost all 37 fish. Damn that is not only the loss of the current fish, but the loss of to the potential fish that could be sold off those females. I would do both, get ahold of the contractor and attorney to let him know what might be going on.

If he is a big contractor he should have insurance. Definitely go that route first.

Deano


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## oldfireguy (Jun 23, 2005)

Turn it in to your insurance company. Let them pay you. They can go after the contractor.


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## alleyyooper (Jul 6, 2007)

My neighbor sued a contractor and that company declared bankruptcy and the neighbor got nothing even though he won the suit. Company made up a new name and continued as before. Lawyer said should have sued the owner personal instead.

 Al


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## Plainsman (Jul 30, 2003)

He said he would turn it in to his insurance. Older fellow, and he came across kind about the whole thing. He thought maybe someone else had done it, but my trail came showed when the hose came on. It didn't show the faucet and who turned it, but it showed the hose not running anytime Tuesday, and running Wednesday about 11:00 am. I have never used the cameras for hunting, but two run in my yard all the time. Seven years ago it showed a contractor tossing drain tile into position a foot higher than the basement floor. Pure not giving a crap. That went to small claims court and I had him dead to rights.


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## huntin1 (Nov 14, 2003)

Who does he think did it? Seems a rather large coincidence that of all the times I've gone out and checked the pond for you over the years, the only time this has happened is when his crew is there and using your hose to fill their water jugs. I really wish I hadn't waited until Friday morning to go out there.


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## Plainsman (Jul 30, 2003)

The camera tells the story. I suppose his guys like kid say "not me, not me, not me". You can see the hose running Wednesday morning. 
He will turn it in to insurance, but I'll bet they don't pay until I take them to court. The pitty is the guy who screwed up perhaps can't believe it himself. That's the chance you take when you come into someones yard and make yourself at home with a complex lawn sorinkler with multiple banks, pond, hose, and all with timers. If he had not messedwith turning the timer off the longest it would have run is two hours.
My wife checked the water used. Normally we use about 2200 gallo s. This week we used 19,800 gallons.
I also had added 2000 young that I hatched from the spawn the week before.


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## Plainsman (Jul 30, 2003)

Hunt1 I couldn't sleep last night because I was trying to think of another way to prove when the water went on. I went back and looked at my wifes message and it was 19,360 gallons used. Since we still go home to add water to the ond, wash clothes, and water flowers I figured the over usage was 17,000 gallons. My sprinkler system requires 6 gallons a minute to pop the heads up. I check flow because it just barely works in August when use is heavy. Last May when I checked it run 6.3 gallons a minute. So if I use 6 gallons times 60 minutes in an hour thats 360 gallons an hour. Divide that into 17,000 and it takes 47.22 hours. You turned the water off at 10:00 am on Friday which means the water was left on at about 11:00 am on Wednesday. Since I was there Tuesday morning, and you were there Tuesday evening and verified that no water was running I think I have it taken care off. No one walked into the photo, but the camera triggered at 10:35am Wednesday morning with water running. To bad the faucet and pond can't both be covered with the camera. Anyway they were working at that time.


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## shaug (Mar 28, 2011)

Plains said,



> Seven years ago it showed a contractor tossing drain tile into position a foot higher than the basement floor. Pure not giving a crap.


You use drain tile???........Interesting


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## blhunter3 (May 5, 2007)

shaug said:


> Plains said,
> 
> 
> 
> ...


I would bet a lot of people that get mad about farmers tiling have drain tile around there houses.


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## Plainsman (Jul 30, 2003)

My tile waters my shelterbelt. I wouldn't want yo kill fish you know. :rollin:


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## dakotashooter2 (Oct 31, 2003)

Plainsman. Does your water supplier use electronically read meters (radio read) if so they may be able to run a report to see exactly what hours that amount of usage occurred. Many of the new meters are capable of recording hourly use.


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## Plainsman (Jul 30, 2003)

I'm not sure, but my trail camera has photos that show water running by 10:00am Wednesday.

I wonder if I can upload from my phone?
I guess I can. Jesse my best breeding female was 11 pounds 14 ounces. She layed about 20,000 eggs before she was killed. I hatched a few thousand. I gave away 4,000 and put 2000 in the pond just in time to get wiped out. When I left home there was still 2000 or so in a 150 gallon tank, but I am not there to feed them.


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## Chuck Smith (Feb 22, 2005)

Plainsman.... If his insurance company is worth a crap. You show them trail cam pics and water useage. they should come up with some sort of settlement with you. That is why contractors have liability.... for when they unplug freezers and meat goes to waste, when they hit a pipe while sheet rocking and cause damage, when they drive over a septic tank with a heavy truck, etc.

But you will have to show value of the Koi and what not. But I am sure you can do that.

Also if you want to turn it under your own homeowners you can.....but that is a hit against you and again with that you have to show value. Then a deductible might apply as well. But that is another route. Like oldfire mentioned you can go that way and then your company will go after the contractor and his insurance company.

So you have two options. I sell insurance but I can't speak for your company or what are the rules and regs are in ND.

But those are the two options. If the contractor will turn it into his that is the best way. If it gets denied.....try under yours. Call your agent and he can help you.


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## blhunter3 (May 5, 2007)

I pray you don't have State Farm Insurance through Jamestown. She is horrible and I am still fighting with her for our shop fire almost two years ago.


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## alleyyooper (Jul 6, 2007)

Don't get me started on those state farm dummies.

 Al


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## Chuck Smith (Feb 22, 2005)

That is why you should choose an independent agent.... :beer: :beer:


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## blhunter3 (May 5, 2007)

Chuck Smith said:


> That is why you should choose an independent agent.... :beer: :beer:


The guy she took it over from was awesome. He came out twice a year to take pictures and document everything. In the two years before the fire she never came out. Fire burned down a shop, she required exactly how many screw drivers we had all the way down to the bolts and nuts sizes and length.


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## Plainsman (Jul 30, 2003)

Next year should be outstanding to offset this crazy June. First my son gets sick, and is still in ICU where he may be for months, then my fish are killed, then I was informed I was one of the lucky people who had my fed retirement hacked by the Chinese, someone got my credit card number and was using it in Indians, and last night the grandaughter fell off her bike and broke her arm. Enough already.

Nodak and Fishingbuddy help me spend time as I sit here in ICU.


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## alleyyooper (Jul 6, 2007)

Well hope the great spirit sees fit to right your gyro scope ASAP.

 Al


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## AdanClinton (Jun 25, 2015)

I'm sorry to hear that ,But things happended ,we can't change it .What you can do is how to gain compensation fund.Praying everything recover with you .


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## blhunter3 (May 5, 2007)

Plainsman said:


> Next year should be outstanding to offset this crazy June. First my son gets sick, and is still in ICU where he may be for months, then my fish are killed, then I was informed I was one of the lucky people who had my fed retirement hacked by the Chinese, someone got my credit card number and was using it in Indians, and last night the grandaughter fell off her bike and broke her arm. Enough already.
> 
> Nodak and Fishingbuddy help me spend time as I sit here in ICU.


Usually bad luck runs in three's. Hopefully everything turns out well.


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