Busted irrigation, who pays?

Boilerplate will cause you more problems than it will solve. You're much better off hiring an attorney with experience representing arborists and tree workers, or at least a strong background with contractors. They can help you make up a contract that will cover you, and they can inexpensively update it every year or so.
 
Fltreeguy said:
I was out on a job yesterday taking down two large pines. I was using a lift and dropping the logs in pieces to the ground. A pipe and valve broke on the irrigation. The customer called someone out while I was there to repair it, $400-500 to fix. On our estimates it says we aren’t liable for any underground damages and they sign the estimate. The customer calls the office asking if our insurance covers this and we remind them that we aren’t liable because we can’t avoid what we can’t see. Would you cover the cost or stick to what your estimate says? I’m a fairly new business so the potential of having a bad review makes me question it. Thoughts?
Click to expand...
$400-$500 sounds steep. I have fixed my share of irrigation. I would have offered to fix it before they called somebody. This is a sticky one. Question did you know about the irrigation or if you planned on bombing wood did you ask the customer about irrigation? I see this as partially your fault, so maybe split the bill, which does seem high. If the customer insists its your fault, I would just eat it and learn. You will recover $500 much quicker than a bad reputation. Next time clearly ask about dropping wood and if they say OK you are in the clear.
 
owScott said:
$400-$500 sounds steep. I have fixed my share of irrigation. I would have offered to fix it before they called somebody. This is a sticky one. Question did you know about the irrigation or if you planned on bombing wood did you ask the customer about irrigation? I see this as partially your fault, so maybe split the bill, which does seem high. If the customer insists its your fault, I would just eat it and learn. You will recover $500 much quicker than a bad reputation. Next time clearly ask about dropping wood and if they say OK you are in the clear.
Click to expand...

If it is going to get sticky and you had a conversation during quote regarding issue (but they claim otherwise) I would try to come to an agreement on payment parts as your share, they called their own contractor without offering you the option to fix, and the rates could be excessive compared to an independent contractor. Otherwise as owScott said..
 
Fltreeguy said:
I was out on a job yesterday taking down two large pines. I was using a lift and dropping the logs in pieces to the ground. A pipe and valve broke on the irrigation. The customer called someone out while I was there to repair it, $400-500 to fix. On our estimates it says we aren’t liable for any underground damages and they sign the estimate. The customer calls the office asking if our insurance covers this and we remind them that we aren’t liable because we can’t avoid what we can’t see. Would you cover the cost or stick to what your estimate says? I’m a fairly new business so the potential of having a bad review makes me question it. Thoughts?
Click to expand...
chiselbit said:
Land of the litigious
Click to expand...

Be very courteous explaining your position, it appears to be customers liability on the surface depending on who is responsible for planning the job. Did the customer bring the location of the irrigation to your attention at any time during quote or setup or uncover for you to see ? If not customer is liable for damage during operations for what you cannot see. If they brought it to your attention after you quoted or setup then you are entitled to add whatever it costs to avoid damage such as moving crane, double handling over, extra person to manipulate. Otherwise it's just an unfortunate cost to the customer as part of having the work done. Similar to having to dismantle a garage wall to permit access or egress. The fact that there was the chance of damage that you weren't notified of becomes part of the risk the customer took getting the tree down without ensuring you knew it was there. No job is risk free or totally insured for damage, risk minimisation, job planning etc is just as much the customers job for their part as it is your job for your part. It's not like lawn damage which can be estimated and catered for as part of works. You weren't dropping flowers and the customer knew that in advance. 2nd point is customer took it upon themselves to arrange repair without your input, that screams ownership of what happened and asking you to take responsibility is just a fishing exercise and/or an admission that they jumped the gun on repairs and now know they paid through the nose for it. Panic Plumbing & Co. are always the most expensive choice and something that you are definately not liable for, if it gets sour offer to pay the price of the materials only seeing as it was their choice who installed.
 
Last edited:
oldoakman said:
There is a reason I call them irritation systems.
Click to expand...
A friend of mine has a big farm in the area and has two irrigation systems; one reel gun system that is always cantankerous and a 1700’ pivot irrigator, which is one of the biggest on the east coast. Both are great when they work, which seems to be rare... Needless to say, we all call them irritators as well.
 
You must log in or register to reply here.

New threads New posts

Back
Top Bottom