Unofficial Ariel inspection?

[simsimo]

I've been doing some work for a property maintenance company and I've been asked to give some written information on a few of the trees with potential problems from what I've seen whilst climbing them.

 

Now I did do the PTI but this has lapsed now and I don't have professional indemnity insurance as I don't do inspections/reports which I've told them. So I need to give them my advice on trees but without being liable for anything so is there any way I should particularly word it.

 

I was thinking of just titling it as 'Tree Observations' and if in any doubt just recommending either felling or a full inspection by a consultant.

 

Does anyone have any advice on this?

 

Thanks

[Mick Dempsey]

http://arbtalk.co.uk/forum/general-chat/84274-being-popular-beach-etc.html

 

I'll start.

[treequip]

 

So I need to give them my advice on trees but without being liable for anything so is there any way I should particularly word it.

 

Good luck with that

[peatff]

http://arbtalk.co.uk/forum/general-chat/84274-being-popular-beach-etc.html

 

I'll start.

 

There, their, they're. Don't start that up again Mick it'll all end in tiers

[AA Teccie (Paul)]

I've been doing some work for a property maintenance company and I've been asked to give some written information on a few of the trees with potential problems from what I've seen whilst climbing them.

 

Now I did do the PTI but this has lapsed now and I don't have professional indemnity insurance as I don't do inspections/reports which I've told them. So I need to give them my advice on trees but without being liable for anything so is there any way I should particularly word it.

 

I was thinking of just titling it as 'Tree Observations' and if in any doubt just recommending either felling or a full inspection by a consultant.

 

Does anyone have any advice on this?

 

Thanks

 

Hi there,

 

Firstly, your PTI doesn't / hasn't lapsed. Unfortunately most of the 'earlier' PTI certificates of training were presented on the same template they used for chainsaw training, which does effectively lapse, and hence this is not applicable. However, there is now a 1 day refresher you may wish to consider.

 

Secondly, if you are putting anything in writing here, hwoever you may word it, then go and get your Prof. Indemnity insurance first. Would you contract without PL...of course not so why not PI too.

 

Thereafter, provided your skilled / competent / knowledgeable = "qualified", in the broadest sense of the word, you can charge an appropriate fee.

 

Good luck,

Paul

[10 Bears]

I agree with Paul here. You cannot remove liability when you give a professional opinion (either written or verbally), just because you don't want to accept it.

 

Get your PI and do this properly. I'll happily give you direct advice if you want, either on here or email/PM.

[matelot]

if there are obvious defects could you take photos and send them to the client? let them make up their own mind?

 

tbh, if the trees are obviously defective I think you'd have a duty of care to inform the landowner.

[10 Bears]

if there are obvious defects could you take photos and send them to the client? let them make up their own mind?

 

tbh, if the trees are obviously defective I think you'd have a duty of care to inform the landowner.

 

Yes he does have a DoC, but this would not fully absolve liability for the OP unfortunately - particularly if there was a subsequent failure or similar.

 

There is a tenet that is applied generally in these situations, of the responsibility of the 'last professional on site'. In your example Matelot, the OP has both a legal and moral obligation to inform the owner, BUT, they are also being paid for this service.

 

Even if the OP just takes photos and only says 'look at these', he has still given a professional opinion that something may be wrong and subsequently not taken the correct steps to formally inform the owner, or indeed, take appropriate remediation measures. This could be compounded if the person receiving the pictures was for all purpose, a layman, not an expert, like the OP.

 

As the OP was the last professional on site - potential liabilities (to whatever degree) would still lie at his door, hence IMO, the OP still needs PI and should do this properly.

[daltontrees]

I agree with that. And getting PI cover is not the end of it, your insuracne eitehr will be unobtrainable or will not cover youy if you do work outside your competence.

 

Clients are often paying for the consultant to adopt the risk. There's no way round that by making advice informal. They'd be as well getting 'free' advice from a tree surgeon, and just accept that often tree surgeons have no incentive to do anything but recommend work be done on the trees, whether they need it or not.

[AllTreeNeeds]

They'd be as well getting 'free' advice from a tree surgeon, and just accept that often tree surgeons have no incentive to do anything but recommend work be done on the trees, whether they need it or not.

 

You would hope that any tree surgeon would want what is best for the situation, not what it most expensive