Consulting Question

[ArborView]

I have a small consulting job to do. It appears that there's a large, decayed white pine on a property line between two houses and is leaning towards one of them. One homeowner is afraid of the tree coming down on their house. Their insurance company wants a statement from an arborist, who has no interest in selling the job, stating that the tree is a hazard. I no longer practice commercial tree care, but am still certified as an arborist. I told the lady I'd help her out for a small fee and type up something saying that yes, the tree should come down, which it should.
My question is this: I think I should put some type of statement in there releasing me from any type of liability. I don't want to be sued by an angry neighbor or anything like that. Has anybody here done anything like this and do you have any suggestions about what should be in the statement?
Thanks.

 

[Stumper]

I would expect you to qualify what you are saying-something along the lines of...."It is my professional opinion , having examined the tree that.........because of the following factors.............." I suppose that you can then add something about not being liable but I don't think that will mean anything. You have already stated that you are giving an opinion-one that you are getting paid for. Since you are recommending that the tree be removed --if they leave it and it falls you are covered. If they request that the neighbor remove it and the neighbor doesn't like it...Sooo? The neighbor isn't bound by your opinion. They still get to choose . If they leave it and it stands for 15 years they will just say you were wrong. If it falls over in a week they can hardly blame you for being right. If they feel compelled to remove it because of your opinion-that was the goal of this whole thing wasn't it? Statements limiting liability don't preclude actual parties to the contract from sueing (but they do provide a little protection). A third party hasn't agreed to anything and doesn't really care how much you say you aren't responsible. The bottom line is -yes you could be sued but it isn't likely to get them anywhere in court. If you were saying that a half rotten tree would be fine your risk would go up. You are on the safe side of this one.

 

[geofore]

consulting

Keep a copy for your own records until the tree is down. You should give a copy to the neighbor to let them know the tree is a hazzard, once warned they can't say they were not aware of the problem. The insurance companies work out who pays for what if they get involved but the cost of your report gets added in as does a copy of the report. If you have a hard time convincing the neighbor the tree is a problem, you should have in your working career made a list of a few people who did not take your advice and the tree that should have been removed landed on their house, garage or some other target, to refer them to. I have three that come to mind right away. One guy said he'd call when he got time, less than three weeks the tree came down on it's own and blocked the street. Another guy that had one go through his roof 4 days later $$$, he told me it didn't look that bad to him. One the wind blew the top out, landed on his wifes car that night, he was going to wait until it died off a bit more $. These are the folks I tell them to call and ask if they would take my advice if they had a tree I said needed to be removed. Some folks you can't convince until a tree falls on them, then it's too late. They call to ask is it bad, they are concerned, but they delay and their delay costs a lot more.

Your liability may be different, it is different state to state.

 

[NeTree]

Ditto to stumper. Any ?'s, call me.

 

[Guy Meilleur]

Originally posted by ArborView
there's a large, decayed white pine on a property line
How large? How decayed? How much is the lean? If you're concerned about liability and doing a good job you should take the time to document condition thoroughly and not restrict yourself to a "small fee" quickie opinion.
I think I should releasing me from any type of liability. any suggestions about what should be in the statement?
Thanks.

If you give an opinion that the tree should come down the other owner may get another opinion stating the opposite. If they write a better report then you will look bad but as the others state you can't get seriously sued for advocating removal.
The Guide to Plant Appraisal has a couple of examples of limiting conditions you can use.
If you don't give a thorough risk assessment because you want to save the client money you may be nice in a way but you will be doing hack consulting.

 

[Stephen Wiley]

Additionaly, you should have "Professional Liability Insurance" .

General liability will not cover you in the event you are sued.

Any report you submit is 'considered professional opinion and is persuasive in your client's decision. So make certain any 'summary' you imply is backed by facts.

Fact finding and report writing is not worth doing for a .........small fee!

Professional liability is currently $3000 - $5000 a year.

 

[Guy Meilleur]

Originally posted by ArborView
Their insurance company wants a statement from an arborist, who has no interest in selling the job, stating that the tree is a hazard. I no longer practice commercial tree care,

Why not? Practicing tree care does not eliminate you from consulting, hands-on experience can make you a better consultant.
I did a risk assessment on an ash last week; recommended immediate removal. Others needed pruning etc. Referred the owners to 3 CA's who could do the job. If they don't like what they hear and see of those guys and ask me for a quote I may give one and I may not. Does that make my consultation less than Independent? I don't think so.

The line between consulting and commercial care is fuzzy, despite ASCA's attempt to sharpen it. A lot of diagnostic work a consultant does is therapeutic. And a consultant is a contractor since there is a contract between him/her and the client. So if you want to sell consulting to ins. co.'s all you have to avoid is bidding on the trees you evaluate.

Mainly, if you want to sell consulting you don't need college but you should have imvho at least ten years exp. and attend the ASCA Consulting Academy.