Law on emergency work if a maintenance contract already exists?

[flatyre]

Hey folks there is still a lot of damaged and dangerous trees in my area (commercial properties) from storm Opelia which was months ago, and we've taken a bit of a battering in more recent times. As a result I have noticed a lot of damaged and dangerous trees which have not been dealt with. Each time I offer my services I am told that there is a contract in place with another tree firm which is fair enough. As an example a local nursing home has a damaged pine tree right next to the entrance, a large limb is hanging over the road and in danger of coming down. I offered to remove it but was told the company who own the home have a contracted tree firm. I imagine its one of the big firms in the area who have big maintenance contracts, utility contracts, and huge domestic operations to honour. Understandably their smaller contracts get sidelined but it does leave dangerous situations which should be addressed sooner rather than later. I understand this might seem like i'm trying to poach other firms customers, but if they are unable to fulfil their contract in a suitable timeframe is there any way such emergency work can be given to another firm outside of the contract?

[Richard 1234]

It would depend on the individual contracts, they won’t all be the same

[devon TWiG]

The owners of said trees could find themselves in trouble if they had not dealt with the potential danger in a reasonable time frame though ....

[Gary Prentice]

21 hours ago, flatyre said:

but if they are unable to fulfil their contract in a suitable timeframe is there any way such emergency work can be given to another firm outside of the contract?

As Devontwig says, the liability/negligence aspect would fall to the owner (who'd probably chase the contractor) so it would be in the owners best interests to get the work done. 

 

The contractor might then pursue the owner for a breach of contract, but IMO would be unsuccessful and it's probably unlikely that any contract is so specific as to prevent emergency works by third parties if the need arises.

 

If you're really concerned that there is imminent danger, the best you can do is to inform the owners that responsibility and blame would land at their door if a death or injury could have, 'reasonably' been prevented.

[tree77]

Try approaching the contractors to see they will take you on as a sub contractor?

 

[Khriss]

I think there is a basic response time in 'emergency ' works in contracts ( if the client notifies the contractor ) that would preclude shelving such hazards . It would then fall on the tree contractor being liable . Breach of contract is pretty naughty and a tree company would be stupid to let those jobs sit on the books. K

[Stephen Blair]

Imagine it’s a pot hole on the road, do you think the council would let someone with their wheel barrow and bag of tar fill them up?
It’s someone else’s work, you have been told this. I’d imagine they have prioritised their jobs and the ones you are seeing are further down the list.
It’s a bit like turning up at your mates house un announced when you know there’s a party and you are not invited.

[spudulike]

Some mate - holding a party and not inviting you

[kevinjohnsonmbe]

53 minutes ago, Khriss said:

I think there is a basic response time in 'emergency ' works in contracts ( if the client notifies the contractor ) that would preclude shelving such hazards . It would then fall on the tree contractor being liable . Breach of contract is pretty naughty and a tree company would be stupid to let those jobs sit on the books. K

Tree contractor being liable? Liable for breach of contract (if not responding in within pre-determined timescale) but you’re not suggesting liable for the land owners hazard causing damage / harm are you Khriss? 

[Khriss]

Most of the tree companies I have worked for Kev have a maximum response time to a reported incident. Often it's  within 30 minutes ! As breaching that could be putting client at risk or exposing Public to harm - it's a legal can of worms, if you haven't responded in acceptable time it could land on yr desk with a thump ! Landowner is responsible for All that happens on Their land - Inc Contractors they engage, so it's potential to be a nasty case if tree company fails to respond to hazard trees. K