I'm working on a survey for a fellow who I consider a friend. Kind of a happy hour friend, but a friend none the less.
He will be doing some major landscaping on a parcel. I was out there when the tree guy showed up to plan the removal and cabling of some major trees.
2 nice Black Walnut trees are to be removed. I ask if I might have them once they are cut. An architect is out there as well and mentions that they should keep some for possible furniture projects.
The trees come down and dude says I can have it. All of it. I'm fired up.
Black Walnut slabs with the right figuring and grain can easily be worth upwards of a $1000. Walking sticks from the branches can go for $200.
I'm not sure if they understand how valuable this stuff may be.
The offer of the wood does not have any consequence regarding my surveying fees.
I feel a little odd about accepting what could be quite a valuable offer if they don't really understand the value of that wood. I want it badly, but not at the expense of a friend or a ethical dilemma that I have to explain at some future date.
Now that I write this out, I think I know what I'm going to do. I'll post my conclusion below. Post yours before you scroll down.
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I think I'm going to send an email and advise him to do a bit of research before I accept his generous offer. I'll let him know that I'd be grateful for any that I can still have, but that he should understand what we're dealing with here, and that the wood will have no bearing on my professional fees.
What concerns me most is why would a landscaper let any Black Walnut tree be removed.
That architect needs to be replaced by someone that cares...........
What do you plan to do with the wood? If you are just going to cut it up and sell it for a profit, then you have some ethics/morals to address.
If you plan to work the wood into some projects, make something for your friend. If the fellow is really a happy hour friend, then make him a bar or something similar.
Depends on what you would do with the wood. You know what to do with it and he doesn't. If you have the skills, tools and time to make stuff out of it, make a table for him. If you know where to sell it and for how much, bring him some money. Tell him what you plan to do right away. That way when he hears how much he lost, he won't be upset. And you will be committed to follow through. My 2 cents.
Nearly every state has prohibitions against gifts or gratuities from clients...
> What concerns me most is why would a landscaper let any Black Walnut tree be removed.
>
> That architect needs to be replaced by someone that cares...........
That might be the owners call for the those to come out. When I was in the mountains, I had two rather huge black walnuts right by the house. They do make a mess in the fall. If you aren't into collecting and shelling and selling the nuts, they just become an aggravation when mowing the lawn.
My two trees were easily twice the height from atop my 2-story roof and when the nuts landed on the roof they are easily heard from the lower level.
I was offered some rather big money (close to $10k) a few times which I declined.
Just my thoughts....
E
Yes, this could be an ethics violation regardless, unless he agrees to give you the wood as part of your compensation. I would decline the offer and help him get some money out of the wood.
I had a client give me a bag of deer jerky last week , I felt no remorse at all. Evidence is all gone .
"The trees come down and dude says I can have it. All of it."
Well Hell Boy! Don’t look a gift horse in the mouth!
Thank him for his generosity and offer him a beer.
Carry off the wood and do what you want with it. If you still feel somewhat obligated to this person you may consider sending a Fruitcake or a Cheese Wheel during the holiday season as a nice gesture. B-)
Ain't no moral or ethical problems here.
after review of our state statutes, I see no problem here JB. The problem comes when you accept gifts from others..not the client. The client can give you whatever he likes.
> after review of our state statutes, I see no problem here JB. The problem comes when you accept gifts from others..not the client. The client can give you whatever he likes.
That's the way I read it. Third parties seem to be the issue.
I agree with FL/GA, PLS but would add to it. If your Happy Hour friend drinks beer, buy him a case of what he drinks. If he drinks hard liquor buy him a half gal. of what he drinks.
> What concerns me most is why would a landscaper let any Black Walnut tree be removed.
>
> That architect needs to be replaced by someone that cares...........
The trees sit right in the center of a HUGE water feature that will be installed.
So thank him profusely, take one of the limbs and make it into a fine gentleman's Walking Stick and present it to him with your sincere thanks. Winner, winner, chicken dinner!!
I'm sure they know the value of some types of wood, but they have no idea of what to do with it and it's just too much trouble to deal with it. You'd be surprised how many newly cleared lots with wood piles burning away I pass in an average week that contain all of the wood types that someone with a smoker would sell their souls for. I like to go by before they light them up and get all of the pecan and apple wood I can get. The contractor's appreciate me hauling it off. They also appreciate it when I bring them a slab of pecan smoked meat.
Use of exotic woods by craftsmen is a dying art. And when it comes to smoking meats. most folks just have no clue, nor could they care less.
> I'm working on a survey for a fellow who I consider a friend. Kind of a happy hour friend, but a friend none the less.
[details of black walnut acquisition deleted for purposes of privacy]
> I feel a little odd about accepting what could be quite a valuable offer if they don't really understand the value of that wood. I want it badly, but not at the expense of a friend or a ethical dilemma that I have to explain at some future date.
Yes, you are entirely correct to have second thoughts about this major ethical dilemma. This is exactly the reason that I and several other colleagues have founded "Ehtical Surveyors Clearinghouse and Bonded Warehouse". All you need to do is to have the black walnut trees in question cut up into slabs, boards, or whatever, and ship them to our special highly ethical Storage Facility. We will keep them safe for you for as long as ethical questions persist and then ... ship them back to you.
In the (quite unlikely, we're sure) event that you do not hear anything further from us, this will be because ethical questions have been raised about your black walnut lumber that you would not want to be a party to and we have taken care of the actual lumber itself in a manner that will leave you out of the picture.
AHA! There is that third party we been lookin' for.:-P
> AHA! There is that third party we been lookin' for.:-P
We guarantee as a part of our storage agreement that all lumber returned from our facility will be branded "ETHICAL WOOD" in some place upon the piece that will not detract from its value. Naturally, should the lumber be shown to have been obtained by unethical or at least QUESTIONABLE means, we promise never to mention the subject to the consignor again, not even after we have sold it for some undisclosed sum of money.
Well played, Sir
I know of no law that says that compensation for services must be in USD currency. I also know of no law that says that a fool and his money cannot be parted. I also know of no law that says that bartering is illegal.
Also, and I cannot stress this enough, I know of no law that prohibits an individual of giving someone something of value, regardless of the relationship between the two individuals.
So, keep the wood and go on.
However, I do know of a law that says that if an individual receives something of value, he or she is required to pay the taxes on that gift. If it's in the form of bartering, one must still assign a value to the tangible object, so that the proper tax rate can be applied.
WIN-WIN situations are always best...
Inform him of the potential value and that your interested in the branches for small shop projects.
If this person was mentally handicapped, very young, or otherwise incapable of understanding, you might actually incur liability for taking advantage of such a person.
I don't think that's the case here, but I would say ... so to speak ... take the but, but leave him the cow.
Maybe, you'll get the whole thing regardless ... along with a very appreciative client who won't forget your moral decision.
If you're really good with wood, maybe you can make him something(furniture ... what have you), and even get paid for that too.
Take advantage for sure, but don't take such an advantage that you're already morally uncertain of.