Damage Clauses for Driveways, Walkways, Lawns, etc.

[climbingmonkey24]

Do you include any sort of clause or waiver stating you’re not responsible for damages to certain surfaces from the weight of a vehicle or equipment traveling over, or being present in, areas where these surfaces are located?

Being primarily a pruning-focused operation, doing most of our work by climbing and using smaller equipment, I’ve never really had to think much about it. But the more I’m getting involved with using heavier equipment this year and talking with other people in the business, it seems like including something like this is pretty typical across multiple industries?

 

[Dan Thornton]

The following clause is included in the "Terms and Conditions 2026" that I give with my estimates. I'm sure I copied it from someplace. Don't misunderstand - I still use ground mats and don't plan to work drop wood on flowers.

"Lawn & Surfaces Damage: We will attempt to minimize all disturbances to your lawn and surfaces. However, we must utilize vehicles & equipment to perform tree care services. We shall not be liable for damages to landscaping, sod, or plant material in the execution of our work or due to causes beyond our control. (Examples: Ruts in yard due to wet conditions, limbs falling on flowerbeds, cracking of paved surfaces and/or sidewalk due to weight of trucks/equipment.)"

 

[Reach]

The following clause is included in the "Terms and Conditions 2026" that I give with my estimates. I'm sure I copied it from someplace. Don't misunderstand - I still use ground mats and don't plan to work drop wood on flowers.

"Lawn & Surfaces Damage: We will attempt to minimize all disturbances to your lawn and surfaces. However, we must utilize vehicles & equipment to perform tree care services. We shall not be liable for damages to landscaping, sod, or plant material in the execution of our work or due to causes beyond our control. (Examples: Ruts in yard due to wet conditions, limbs falling on flowerbeds, cracking of paved surfaces and/or sidewalk due to weight of trucks/equipment.)"

We have something similar in our contract, hours is even more broadly worded than that and includes underground utilities. Likewise, we do not damage things on purpose, generally we are good at not damaging anything at all, but we still have the waiver in every quote and contract.

 

[evo]

Ditto, but I should probably polish it up a bit.
Basically we are responsible for things we are not expressly informed of at the time of the estimate.
Load bearing capacity of hardscape can be included but would need its own line

 

[Serf Life]

Anyone know how legally sound those are?

 

[Mick Dempsey!]

I never say anything.
Don’t complicate stuff, keep it to a minimum, show that you’re keeping it to a minimum and get on with it.

 

[climbingmonkey24]

Anyone know how legally sound those are?

That’s something I’ve researched a bit about, and have so far come across different views that even if there is a clause in there, it isn’t necessarily 100% guaranteed whether it would hold if it was to become a legal matter.

Ultimately, I think a big factor might be whether it was determined the damage was caused by negligence.

It might be beneficial to document the steps you take to protect a client’s property for projects that carry more risk. For instance, maybe take a picture of the outrigger pads or plywood / mats if you’re using them to cushion the impact of equipment. Show that you’re doing your best to try and protect the property as much as realistically possible.

Just a thought.

 

[Reach]

View attachment 101725I never say anything.
Don’t complicate stuff, keep it to a minimum, show that you’re keeping it to a minimum and get on with it.

We try not to complicate things, but here in the state people love to sue businesses for the silliest nonsense, so we have a contract that feels ridiculously long to me in order to try to protect ourselves from people who have nothing better to do then call lawyers.

 

[ATH]

It might be a good idea to run the contract language past your insurance agent.
"I'm gonna ask you to pay if I shatter a driveway and lose in court...does this protect us from that?"

Obviously a court case can go either way.

Finally, FWIW: I'd still be ticked if you cracked my concrete driveway and told me I'm SOL because of that clause hidden in the contract...so "legally binding" doesn't always = happy customer.

 

[Reach]

It might be a good idea to run the contract language past your insurance agent.
"I'm gonna ask you to pay if I shatter a driveway and lose in court...does this protect us from that?"

Obviously a court case can go either way.

Finally, FWIW: I'd still be ticked if you cracked my concrete driveway and told me I'm SOL because of that clause hidden in the contract...so "legally binding" doesn't always = happy customer.

Yes, what he said! You pay your insurance agent, use him! Contract review is a great thing for them to do, and if you have any sort of a decent insurance company they will do it for you at no cost because that helps them reduce their own liability.

 

[evo]

Any contract can be argued…. Really the best is to consult with a lawyer, yet remember lawyers are like arborists. Finding a pack of them to agree on something is difficult

 

[Lumberjack]

Nothing is guaranteed for sure.

Here’s our standard disclaimer:
Rutherford Contracting LLC is not responsible for unavoidable damage to lawns, landscaping, driveways, underground utilities, or other property resulting from the normal weight or operation of equipment required to perform the work.Acceptance of this quote confirms that the signer has authority to approve the work and grants Rutherford Contracting LLC permission to access the property and use necessary access routes to perform the services described.This quote is based on conditions as observed at the time of evaluation. Hidden conditions, unforeseen factors, or changes in site conditions may require revisions to the scope of work or pricing.Customer is responsible for identifying and marking all customer-owned underground utilities and systems, including but not limited to irrigation systems, septic systems, private water lines, drainage systems, invisible fences, and other buried installations located on the property. Rutherford Contracting LLC is not responsible for damage to customer-owned underground utilities or systems that are unmarked or improperly marked prior to the start of work.Job scheduling is subject to change due to weather, equipment availability, and other operational circumstances.Acceptance of this quote grants Rutherford Contracting LLC permission to capture and use photographs and video, taken from the ground or aerially, for any lawful purpose without compensation.Verbal, written, or electronic acceptance of this quote constitutes agreement to these terms.This quote is valid for 30 days.Payments made by debit or credit card are subject to a 4% transaction fee.Payment is due within 15 days of invoice date. Any unpaid balance after 15 days will incur a one-time 4% late fee. Interest will accrue on the unpaid balance beginning on the 16th day at 1.5% per month or the maximum rate permitted by law until paid. Customer agrees to pay all reasonable collection costs, attorney fees, and court costs incurred in collecting past-due balances.

 

[evo]

Nothing is guaranteed for sure.

Here’s our standard disclaimer:
Rutherford Contracting LLC is not responsible for unavoidable damage to lawns, landscaping, driveways, underground utilities, or other property resulting from the normal weight or operation of equipment required to perform the work.Acceptance of this quote confirms that the signer has authority to approve the work and grants Rutherford Contracting LLC permission to access the property and use necessary access routes to perform the services described.This quote is based on conditions as observed at the time of evaluation. Hidden conditions, unforeseen factors, or changes in site conditions may require revisions to the scope of work or pricing.Customer is responsible for identifying and marking all customer-owned underground utilities and systems, including but not limited to irrigation systems, septic systems, private water lines, drainage systems, invisible fences, and other buried installations located on the property. Rutherford Contracting LLC is not responsible for damage to customer-owned underground utilities or systems that are unmarked or improperly marked prior to the start of work.Job scheduling is subject to change due to weather, equipment availability, and other operational circumstances.Acceptance of this quote grants Rutherford Contracting LLC permission to capture and use photographs and video, taken from the ground or aerially, for any lawful purpose without compensation.Verbal, written, or electronic acceptance of this quote constitutes agreement to these terms.This quote is valid for 30 days.Payments made by debit or credit card are subject to a 4% transaction fee.Payment is due within 15 days of invoice date. Any unpaid balance after 15 days will incur a one-time 4% late fee. Interest will accrue on the unpaid balance beginning on the 16th day at 1.5% per month or the maximum rate permitted by law until paid. Customer agrees to pay all reasonable collection costs, attorney fees, and court costs incurred in collecting past-due balances.

Couple of lines in there I might steal from ya