Liability clause on estimates

TreelineNH

TreelineNH

New member
Location
Southern, New Hampshire
I have been using a 40 ton crane for all my tree work. Sometimes you can help but hurt the driveway or lawn when you drive in even with mats. I make people aware that the crane is 80,000lbs. But all it takes in one person to put up a stink. I want to put a clause at the end of all my proposal so that I am covered for damage. I'm just curious on how yours read?
currently I have...
"*Tree Line is not responsible for driveway or lawn damage from heavy equipment."

Thanks.

Tom
 
That's what concrete companies do. It's common with companies who use real large trucks that have to go on driveways from time to time. Gravel guys do that too.
 
TreelineNH said:
I have been using a 40 ton crane for all my tree work. Sometimes you can help but hurt the driveway or lawn when you drive in even with mats. I make people aware that the crane is 80,000lbs. But all it takes in one person to put up a stink. I want to put a clause at the end of all my proposal so that I am covered for damage. I'm just curious on how yours read?
currently I have...
"*Tree Line is not responsible for driveway or lawn damage from heavy equipment."

Thanks.

Tom
Click to expand...

I would be careful with this. Here is why. If I was a consumer looking to hire a professional to come in and remove trees on my property I would no want any damage to anything, period. I just feel this might open a door for your competition to come in and say they offer a service that does no damage. Are you prepared to have someone else come in and do the job with a guarantee that no damage would occur and if it did the hired tree company would cover it?
I walked away form a 4400 dollar job a few weeks ago because the homeowner wanted no damage to the driveway. It was an old cracked driveway with holes missing everywhere. They were not going to sign a waiver. They wanted me to sign something saying I would take full responsibility for the driveway. I said I could not do that. I was not worried about the crane, it was our fully loaded log truck hauling logs out that would destroy the driveway. One of my competitors took the risk and did the job, I have no idea how the driveway faired.
If this was a good driveway then I would have taken full responsibility and given them a guarantee that no damage would occur and if it did then I would cover the expense to replace the driveway. I charge more than most around here and that is what my clients get. We do not come in and smash their property to remove trees. We charge more and they take the time and care to protect everything.
I understand that a lot of companies have waivers and if the driveway looks really rough and not in great shape then I might considerate an alternative solution.
 
My estimate sheets state at bottom not responsible for driveways, lawns or sprinkler systems. Been in my sheets for years never had any questions or problems yet. We do take the up most care not to damage any of the above.
 
DTS said:
My estimate sheets state at bottom not responsible for driveways, lawns or sprinkler systems. Been in my sheets for years never had any questions or problems yet. We do take the up most care not to damage any of the above.
Click to expand...

Have you had to point to this clause yet to save a loss?
 
ROYCE said:
I would be careful with this. Here is why. If I was a consumer looking to hire a professional to come in and remove trees on my property I would no want any damage to anything, period. I just feel this might open a door for your competition to come in and say they offer a service that does no damage. Are you prepared to have someone else come in and do the job with a guarantee that no damage would occur and if it did the hired tree company would cover it?
I walked away form a 4400 dollar job a few weeks ago because the homeowner wanted no damage to the driveway. It was an old cracked driveway with holes missing everywhere. They were not going to sign a waiver. They wanted me to sign something saying I would take full responsibility for the driveway. I said I could not do that. I was not worried about the crane, it was our fully loaded log truck hauling logs out that would destroy the driveway. One of my competitors took the risk and did the job, I have no idea how the driveway faired.
If this was a good driveway then I would have taken full responsibility and given them a guarantee that no damage would occur and if it did then I would cover the expense to replace the driveway. I charge more than most around here and that is what my clients get. We do not come in and smash their property to remove trees. We charge more and they take the time and care to protect everything.
I understand that a lot of companies have waivers and if the driveway looks really rough and not in great shape then I might considerate an alternative solution.
Click to expand...

You guys with heavy equipment are in a tough spot. I feel like you could easily crack a new driveway. For instance, if the substrate settles underneath and creates an unsupported pocket. If you're shouldering the risk for that, your rates ought to be fairly high, which opens up the door to your competition.

I sometimes ask a homeowner about who is accepting responsibility for this type of situation. For instance, if I have to access the back yard with my 3,000 lbs. Mini on a sidewalk, are they okay with it cracking, and who is responsible for repairing it? I just tell them that im going to give them the level of service they want, and that it affects my estimate.
 
I'd also suggest that not every removal job is best performed by a 40 ton crane. Kudos for finding a niche and being a specialist, but you can't expect that glass slipper to fit every foot. Perhaps this is a time to slide a referral to someone who facilitates removals by climbing or from a small MEWP that can get into the back yard.

When someone asks me to sign a waiver, or when my clients mention a waiver being offered by a contractor, the question repeatedly comes up as to how careful the contractor might be, once the client has absolved them of fault in any collateral damage.
 
Gorman said:
Have you had to point to this clause yet to save a loss?
Click to expand...
No not yet. Damage to lawns is going to happen in our business, home owners are told to mark all sprinkler heads and driveways I explain before we set foot on it. There is such a wide spectrum of black toppers out there and most new driveways suck to much gravel and thin coat of asphalt. I'm owner operator so I'm around from start to finsh.
 
We don't use a crane very often, but we have a mini and we bomb wood when it's safer. I've included something like this in the estimate:

''ArborEco will do everything in it's power to minimize damage to our clients property. However, considering the nature of the work, certain damages can occur. ArborEco will not be held responsible for any of these damages unless stated otherwise in this estimate. Also, it is the client's responsibility to inform ArborEco of any underground utilities (gas, hydro, sprinklers, etc.). ArborEco will not be held responsible blablabla.

I then go over with the person what the potential damages could be, like driving with the mini on cobblestone or a nice yard. If they want zero damage, I include it in the estimate at a higher rate. So far so good!
 
colb said:
I sometimes ask a homeowner about who is accepting responsibility for this type of situation. For instance, if I have to access the back yard with my 3,000 lbs. Mini on a sidewalk, are they okay with it cracking, and who is responsible for repairing it? I just tell them that im going to give them the level of service they want, and that it affects my estimate.
Click to expand...

Pretty much this!
 
matdand said:
We don't use a crane very often, but we have a mini and we bomb wood when it's safer. I've included something like this in the estimate:

''ArborEco will do everything in it's power to minimize damage to our clients property. However, considering the nature of the work, certain damages can occur. ArborEco will not be held responsible for any of these damages unless stated otherwise in this estimate. Also, it is the client's responsibility to inform ArborEco of any underground utilities (gas, hydro, sprinklers, etc.). ArborEco will not be held responsible blablabla.

I then go over with the person what the potential damages could be, like driving with the mini on cobblestone or a nice yard. If they want zero damage, I include it in the estimate at a higher rate. So far so good!
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Doesn't this absolve you of dropping a log through their sunroof? I feel like that's something that should clearly go on the tree company's insurance tab, imho...
 
colb said:
Doesn't this absolve you of dropping a log through their sunroof? I feel like that's something that should clearly go on the tree company's insurance tab, imho...
Click to expand...

I agree, seams a litte bit like "we are going to come to your property, slight chance WE could damage something, WE are not responsible for that" I have a million dollar insurance policy so I can be responsible for that. And work my hardest to never have to use the insurance policy!
 
Obviously, if something were to happen we would make it right, with or without an insurance claim. Most clients understand this and understand that if we're removing huge trees on their property, some minor lawn damage will occur. It protects us from the people who want to blame us for every little thing, like scratching the fence cause we pulled brush through a gate or dropping a log on that sprinkler head they forgot to mention was there. It does get people thinking too. So many times I walk around the property, give the estimate and then the client tells me they had forgot about that burried electrical wire or that they would that care of removing a fence panel. Hasn't made me lose any work.
 
We have had our fair share of lessons over the years. Like the gate thing, we now bring pool noodles to cover the insides if we're pulling lots of branches through. This because one lady showed me some scratches we had made on an aluminium gate after pulling 7 dead ash trees out her back yard. OK, so I show up with a can of Tremclad and she the starts pointing out scratches all over the place, even places we hadn't worked. I didn't pull out the estimate clause, but I easily could have if she had started insisting.
 
There is no doubt that limiting your liability is a good thing, but it is all matters of degree. A little hole in the lawn, fine, a punctured gas line, well the contractor is still responsible to the gas company.

I have encountered problems, as already voiced, with homeowners wanting repairs done that I was never involved with creating. Every time my gut said the homeowner would be a problem, that is exactly what happened. YOu can't limit your liability if the person is a jerk!
 
mrtree said:
There is no doubt that limiting your liability is a good thing, but it is all matters of degree. A little hole in the lawn, fine, a punctured gas line, well the contractor is still responsible to the gas company.

I have encountered problems, as already voiced, with homeowners wanting repairs done that I was never involved with creating. Every time my gut said the homeowner would be a problem, that is exactly what happened. YOu can't limit your liability if the person is a jerk!
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Yes. I decline to work for some clients based on that feeling.
 
I just had this kind of bid. Where they didn't want my trucks damaging their driveway and told me they made contractors patch the driveway since their table saw left marks during the summer heat. I bid it high and figured on ply wooding the whole driveway. It's someone else's problem now.
 
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