Damage Clauses for Driveways, Walkways, Lawns, etc.

[Brando CalPankian]

It's not the contractors fault if the client doesn't disclose critical information. The terms and conditions are to protect both parties.

We specify the level of cleanup, anticipated deviation from grade (maximum) prior to us fixing it (I believe it's 1/4" or 1/2"), the fact that driving equipment or walking repeatedly in grass will kill it if they don't water it, that the method for removal is clearly defined in the proposal (if the client wants the tree dropped on their driveway and I think it can hurt something it's their choice to choose the cheaper option), if there's undisclosed utilities or septic/drainage issues that are not apparent, and that they can/should reschedule if there's weather that can impact those decisions.

It's about empowering the customer to think of things that we might not be able to see, think about, or be privy to in a 15 minute sales visit.

That's literally what the a300 standard is about, and that is literally consulting arboriculture in a nutshell.

Get over yourself.

 

[Brando CalPankian]

And self propelled units cause just as much damage in the wrong hands. I've seen more damage from shitty operators and shitty companies using nice equipment than I have from qualified folks using what they've got.

 

[Brando CalPankian]

Having a good verbal disclaimer and great customers to go with the written contract is ideal.


Couple weeks ago, moving in to a job with 27 trees coming out. City culverts had rotted out causing a large sinkhole.
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This is exactly why t&c exist. There's no way to know every single scenario. This puts it into each person's field as to the educated decision to make.

 

[Brando CalPankian]

One last rant for the night on the topic. The terms and conditions, plus very thorough proposals, have saved me from wicked and extractive clients many times this year. It can prevent the loss of intellectual property, protect you in the event they are knowingly setting you up to fail to try and get something for free, from trying to squeeze more out of a job that clearly wasn't scoped as such, and so much more. Nothing about it needs to be extractive or abusive, it should protect both parties and agree to arbitration/negotiation instead of telling the other party to fuck off unless they are just being a douche, which is what my T&C protects me from.

End rant