Contract disclaimer ideas.

[Blakesmaster]

We'll be meeting with our lawyer within the next week to discuss a few things one of them being personalized contracts. Up until this point we've just been using the standard contractor forms anyone can purchase at Staples and would only specify disclaimers by word of mouth or occasionally in writing with the odd instance I got a funny feeling about a customer. I'm going to let my lawyer handle the wording of the disclaimers but I'm coming to you guys for some ideas. Here's a few basic one's I've come up with...


1. Stability of tree is not guaranteed and may still fail in certain circumstances.

2. Minimal lawn damage to be expected.

3. You could be billed more if foreign objects ( such as concrete ) are found in tree.

4. Scheduled date for work may be moved due to weather or emergency circumstances.

5. Only debris from the tree(s) being worked on will be removed unless otherwise stated.


I know it's still pretty slim but I'm getting together with the guys tonight to toss around a few more ideas. Like I said, I'm not so much concerned with the wording at this point because my lawyer will handle that I just want some ideas on the occupational aspect of this. Thanks.

Chris

 

[outonalimbts]

We have a very good contract- but provisions are modified when...

As with all lessons, mistakes, or being taken advantage of are reasons for new contract provisions.

Unfortunately, we work in Washington, DC and there are too many lawyers here, everyone thinks their an expert and I can't enforce the written contract. However, fortunately any time it has been tested, we have been protected, or we had to modify our future contracts to include What ever provision needed to be stated.

Good luck.

 

[treemandan]

We'll be meeting with our lawyer within the next week to discuss a few things one of them being personalized contracts. Up until this point we've just been using the standard contractor forms anyone can purchase at Staples and would only specify disclaimers by word of mouth or occasionally in writing with the odd instance I got a funny feeling about a customer. I'm going to let my lawyer handle the wording of the disclaimers but I'm coming to you guys for some ideas. Here's a few basic one's I've come up with...


1. Stability of tree is not guaranteed and may still fail in certain circumstances.

2. Minimal lawn damage to be expected.

3. You could be billed more if foreign objects ( such as concrete ) are found in tree.

4. Scheduled date for work may be moved due to weather or emergency circumstances.

5. Only debris from the tree(s) being worked on will be removed unless otherwise stated.


I know it's still pretty slim but I'm getting together with the guys tonight to toss around a few more ideas. Like I said, I'm not so much concerned with the wording at this point because my lawyer will handle that I just want some ideas on the occupational aspect of this. Thanks.

Chris

Some minor changes:
Tree stability
1. Look, its a " what goes up must come down" sort of thing. Ever hear of an " Act of God"?


The lawn
2. Look out! were coming through! Any disruption to the original property plot plan will be fixed... if it was our fault but we will have to check first to see whose fault it was. It might have been broke before we got there.


Forgein objects
3. rip it out throw it on the truck

Scheduling
4. 2 weeks, if its still nice out we will see if we can make it

The other stuff
5. We really hope to make this fast and painless FOR US so please don't... thank you.

 

[NCTREE]

Wood will not be relocated on property unless otherwise specified.

Customer is responsible for locating underground utilities that could be damaged during tree removal. (sewer, water, gas, electric, cable, and phone)

Stumps will be cut as close to the ground unless otherwise specified.

 

[outonalimbts]

if its not specifically in the contract, then it not being accomplished!

I have been burned by a provision on the back of a contract one said we would leave the wood cut and piled not stacked, unless they paid us extra-

Client stated "just leave it whole, I will take care of it" I said okay...

2 months later, The grape vine gets back to me, another tree service was hired to cut it up and remove it... I call the client- now he wants me to pay for these other people to complete the project that my contract stated we would do...

Get it in writing, and write down exactly what you are going to do. have a statement on the front above where the client signs that states:
"I have read all of the provisions of this contract and hereby affix my signature to warrant my agreement to all herein"

my 2 cents,

I pm'd you btw.

 

[Blakesmaster]

Customer is responsible for locating underground utilities that could be damaged during tree removal. (sewer, water, gas, electric, cable, and phone)

I like this but I generally call 811 myself if going below ground level. This does ad extra protection for me if the HO forgets where their septic tank is.

As it is I'm looking less for specifics than I am for overall rules. When it comes to how the wood will be left/how low I'll take a stump/etc., I favor specific wording for each individual job in the written portion of the contract. I'd like more ideas dealing with circumstances that are generally expected on every job.

 

[Blakesmaster]

if its not specifically in the contract, then it not being accomplished!

Nice. That will be one.

 

[lxt]

Put in a satisfactory sign off, stating work has been satisfactorily completed, the premises have been inspected & free from damage, bla bla bla....making it hard to come back on you for wood like mentioned above or something they want fixed but dont have the money for & want to blame you!


LXT............

 

[outonalimbts]

Or a statement on the contract that says----

Put in a satisfactory sign off, stating work has been satisfactorily completed, the premises have been inspected & free from damage, bla bla bla....making it hard to come back on you for wood like mentioned above or something they want fixed but dont have the money for & want to blame you!


LXT............

.... by submitting final payment client has inspected and approves of all completed work, any damages or problems have been addressed...

This way the project comes to a conclusion-

BTW- If the client pays you for a service even if it is a check- this is binds them even without a written contract--- it works both ways:

Party A + Party B + Agreement + deposit/payment = contract

Be careful it's dangerous out there.

:chainsawguy:

 

[lxt]

.... by submitting final payment client has inspected and approves of all completed work, any damages or problems have been addressed...

This way the project comes to a conclusion-

BTW- If the client pays you for a service even if it is a check- this is binds them even without a written contract--- it works both ways:

Party A + Party B + Agreement + deposit/payment = contract

Be careful it's dangerous out there.

:chainsawguy:

Exactly....My Atty wrote mine up!! was the best part of the contract in my opinion, it didnt happen to me, but I heard about one of the other tree companies a couple weeks after doing a job...the homeowner claimed leaky roof, etc..etc... well, the home owner got a new roof!!



LXT.................

 

[Blakesmaster]

.... by submitting final payment client has inspected and approves of all completed work, any damages or problems have been addressed...

Very nice. Keep 'em coming guys.

 

[John Paul Sanborn]

. Only debris from the tree(s) being worked on will be removed unless otherwise stated.

We will clean up coarse debris generated by our work, some sawdust may remain on site.

"You're going to vac that up, aren't you?"

 

[outonalimbts]

We bought a Billy Goat to do just that- the thing vacuums up debris up to 1.5" in diameter, big pieces. Makes these golf course lawns look like their ready to tee off on.

Crazy people some of them, we whip out the vac and suck it up.

As far as the other debris, I did a project years ago, when the leaves were falling, I raked and blew up all the leaves from the tree we had taken down- but they kept on falling from the other trees-
? Have you ever explained to some twit that the leaves on the ground aren't from the tree you just chipped up? I tried to prove it with a tree identification guide, but the client said it was hard to tell if those leaves in the picture were the different from the leaves on the ground- LMFAO ! Six hours later- still no closer to completed- the leaves kept on falling , no payment until they were satisfied....


#### that - We covered that in our contract, so we didn't get the statement "you damaged my lawn with all these wood chips"

We also have a statement that says " we take pictures of all project before and after, we reserve the right to use said pictures in any way we deem necessary advertisments, brochures, our portfollio, etc." Many times it has saved our asses- if a tree is close to a home, and a gutter is already bent or there is a major defect found on the home, we take the picture, the tree in question is in the picture if possible- there is a time date stamp on it, then we take follow up pictures, to prove the defect was already there.

I got a call from a guy that wanted a tree trimmed, to remove a couple of limbs that were touching his home, I took pictures, he was in one of the pictures- it showed damage that was preexisting, he was standing there and the tree hadn't been touched yet... I get a letter from his lawyer a few weeks later, stating they wanted me to pay for damages to the home, out come the pictures- 97 of them plus videos-... OOPS, caught in a lie...

Be careful out there it's dangerous- not just the job, the clients want to take advantage of you too---:chainsawguy:

 

[sgreanbeans]

To cover most issues my contract has a line 7

" Economy is not liable for any inadvertent injury or damages which may occur to persons or property during the performance of services"

Had this looked at by several Lawyers, all said it was golden.

Hope that helps

 

[pdqdl]

What contract?

You guys will eat this up: I have never asked for a contract on any tree. We write up a very short proposal, the customer tells us to do the work, and we proceed. Maybe 10% sign the proposal indicating they accept the obligation to pay us.

I have NO disclaimers on my proposal.

Never been sued.
Almost never get a complaint about whether we did what they wanted.
Seldom get stiffed.

Yes. I avoid working for lawyers, too.

 

[Grace Tree]

You guys will eat this up: I have never asked for a contract on any tree. We write up a very short proposal, the customer tells us to do the work, and we proceed. Maybe 10% sign the proposal indicating they accept the obligation to pay us.

I have NO disclaimers on my proposal.

Never been sued.
Almost never get a complaint about whether we did what they wanted.
Seldom get stiffed.

Yes. I avoid working for lawyers, too.

Same here. We make one out for every job but seldom get them signed. May turn around to bite me before I change. We do have a disclaimer which is mostly gibberish:
GRACE TREE SERVICE represents that the tree work described above will be done to the reasonable best of our abilities and in a manner found in ANSI A300 Standards for Tree Care Operations guidelines as we understand them. Grace Tree Service reserves the right to cancel this agreement if prior to, or after starting work, conditions are found that will not allow the safe completion of the tree work described above.

The only part of it that I've found helpful is the part about discovering unsafe conditions after starting a job. We've walked away from a few that we climbed up and then back down.
We normally get stiffed once or twice per year. This year it was a guy that came to our job site and begged me to come look at a tree. Turned out to be a very, very dead maple. He had a couple sets of twins and some other kids and the tree was dropping stuff like crazy so I told him to keep the kids away and I'd move him up 3 weeks in my schedule and do it the next morning. He said he couldn't pay until the following week. I'm still waiting.
Phil

 

[Rftreeman]

You guys will eat this up: I have never asked for a contract on any tree. We write up a very short proposal, the customer tells us to do the work, and we proceed. Maybe 10% sign the proposal indicating they accept the obligation to pay us.

I have NO disclaimers on my proposal.

Never been sued.
Almost never get a complaint about whether we did what they wanted.
Seldom get stiffed.

Yes. I avoid working for lawyers, too.

same here but I do get all of them to sign off that they are satisfied and that the work is completed as agreed..

 

[trimmmed]

To cover most issues my contract has a line 7

" Economy is not liable for any inadvertent injury or damages which may occur to persons or property during the performance of services"

Had this looked at by several Lawyers, all said it was golden.

Hope that helps

You better believe you are liable, find some new attorneys if they are telling you that clause covers you from injury or damages during your performance.

 

[gr8scott72]

Here's my bid/contract page:

 

[trimmmed]

We'll be meeting with our lawyer within the next week to discuss a few things one of them being personalized contracts. Up until this point we've just been using the standard contractor forms anyone can purchase at Staples and would only specify disclaimers by word of mouth or occasionally in writing with the odd instance I got a funny feeling about a customer. I'm going to let my lawyer handle the wording of the disclaimers but I'm coming to you guys for some ideas. Here's a few basic one's I've come up with...


1. Stability of tree is not guaranteed and may still fail in certain circumstances.

2. Minimal lawn damage to be expected.

3. You could be billed more if foreign objects ( such as concrete ) are found in tree.

4. Scheduled date for work may be moved due to weather or emergency circumstances.

5. Only debris from the tree(s) being worked on will be removed unless otherwise stated.


I know it's still pretty slim but I'm getting together with the guys tonight to toss around a few more ideas. Like I said, I'm not so much concerned with the wording at this point because my lawyer will handle that I just want some ideas on the occupational aspect of this. Thanks.

Chris

Couple of thoughts..

1) Don't ever use a clause like this, you are committing to contract that you acknowledge that the tree might fall over. Actually admitting negligence before it happens. It was preventable and you failed to mitigate. Just forget this one altogether.

2) I can hear the customer now, "Hey I agreed to minimal lawn damage, but what's this? This looks more than the minimal damage you talked about, I am not paying!" Just put lawn damage is likely and repair of same is not included in this contract and can be addressed on a case by case basis AFTER completeion of this contract. ($$ in hand)

3)Put something like..."This bid assumes trees to be in their natural state, any items like concrete of steel, or whatever, could involve extra costs to remedy.

4) This ones ok, but look for a more standard way of saying it. It's a typical boilerplate item found on most proposals. All work contingent on weather, strikes, emergencies...........something like that.

5) Well it's ok. In your contract simply list out what you are doing A B C D, then of course the amount for abc&d. Then something like "This contract only includes work as mentioned....abc&d, and anything not listed in that scope is not included and will be a charge above and beyond this contract.