Acts of God?

[treeman82]

Hi everyone. I am trying to make up a proprosal here for a tree care program at a townhouse complex. I have the price down, and I think I am set for most of the other stuff. Here is what I am supposed to do:
1) remove hazard trees from property.
2) prune shade trees and shrubs located in turf and garden areas
3) remove girdled roots from the trees which have that problem (worded differently in contract)
4) fertilize shrubs in garden areas.

My problem arises from the first task. If I am supposed to be removing all hazard trees from the property, what happens if a thunderstorm comes in and knocks a tree over, or if it gets struck by lightning, or a tornado or god knows what else. I want to put in that in the event that an act of god occurs and makes a tree fall down that it shall be billed in addition to the monthly statement, however pre-determined hazard trees shall be exempt from this charge. Is this legal to do? Could it cause problems for me? Am I just better off billing it at a T&M type deal? I know I can make more money doing a set rate. However I also know that if I do a set rate, a tornado comes in and knocks down every last tree... then I am beyond screwed. So how do I leave myself that act of god clause without causing problems from removing hazard trees?

 

[John Paul Sanborn]

Hazard = risk of failure + target, Some say there should be a modifiier in there for the clients risk tolerance.

Any tree can fail under the wrong condition. In some trees the risk of failure can be lowered by pruning or mechanical reenforcment.

In your contract you need to state the above and not taht you are identifying the trees that, in your opinion, pose the greatest liability to the client. That you are a contractor making a recomendation and the ultimate decision is the with the client.

Another way to reduce your liability is to have the trees evaluated by a ASCA RCA. This will also help you in the eyes of the client and it's members being that an uninterested entity is doing the evaluation.

After the client has made a decision based on "profesional recomendations" then you can work with the client on a schedual to reduce their liability in a timely and cost effective manner.

 

[treeman82]

Thanx JP. You just helped me to rework my wording here a lot. I am going to put down that any dead, trees located on property shall be removed. Also any hazard trees located in gardens and lawn areas shall be removed. That cuts it down a lot. Thanks again- There is very little woods at this place.

 

[John Paul Sanborn]

You need to phrase it "SHOULD BE".

If you are dictating then youare a decision maker.
Make an evaluation of all trees even if it is a quick walk around an "low risk" then have the client decide which should go when.

This will reduce your liability.

 

[Tom Dunlap]

You need to do some study about the various tree risk managment programs that are available. You need to have some kind of defineable standard to measure "hazard/risk".

It is like measuring "fast". ...for a car? ...walking? ...speed of light?

Until you have your standards defined, you could be held to any standard.

Don Blair has said, "The only safe tree...is a Stump!"

Get hold of the ANSI-A300 "Tree-Pruning Guidlines" from the ISA. Both of these pubs are a good place to start for writing standards. You can get them at a discount if you are an ISA member.

Tom

 

[John Paul Sanborn]

Somebody will trip over the stump and sue you. Now you have to grind it out and rake it to grade.

 

[tony marks]

im not in your buisiness. but what happens if you leave a tree
and later it hurts someone. are u then liable because a hazard tree was not cut as per contract.seems like the wording might leave u open to civil suits etc. just my thoughts dont know much about the buisiness.later now

 

[John Paul Sanborn]

That is where the verbiage of the contract needs to be tight. The client is the dissision maker, the one who incures the libility in deciding to keep a tree standing.

Now if I do a deadwooding on a tree and two years later a big peice of deadwood falls out and strikes a person then they can come after me.

It is highly unlikely that a tree would be left on a residential propert that was designated for removal. The clients tend to not pay until it is completed. " hey you forgot that 20 inch red ok ove Smith's drive!"

 

[TheTreeSpyder]

i start off with "................ well the safest thing is to cut every thing flat..............."! Of course nobody goes for that!

But, then go on on how to limit risk through choosing the right trees to trim or remove. Anything standing can fall, so with every tree there is some risk assumed! Every complication can multiply each other complication; and everything in the balance must be considered. Including the 'kill zone' if something did happen.

A rotting tree can be left standing while a tornado takes a healthy one! Sometimes you would need x-ray eyes to see the internal damamge on another tree!

So; your consultation would not be for eliminating risk; but reducing it! To take beauty, health and safety into consideration; weigh and balance them out, confer with the client on things that lay on the 'grey' line. In this finalizing conference they should realize that decisions, rationalizations are being made as each thing is taken into consideration and tailored to the needs and tastes of the client.

I mean if a doctor or dentist with years of schooling can have you sign all your rights away before cutting...........

Can aetheists collect on insurance for "Acts of God"?

-KC