Liability For Damage

[Dorset Treeman]

We have a huge turkey oak (at around 5m it splits into 4 stems which all have a diameter of over a metre and do not taper quickly at all) to remove. We’ve looked at a reduction or even pollard but agreed with Tree Officer removal is only feasible option. It has pseudoinonotus dryadeus brackets at the base and a similar aged tree blew over a few weeks ago with similar levels of decay into the road.

 

This tree is heavily weighted over a car park and would fall on the adjacent doctors surgery.

 

The only workable access is via the car park of the surgery who have allowed us to use it on a Saturday to do the work. Out of the blue, after allowing us to book in the work, they have said that my company will be held liable for any damage caused by the weight of the crane to the car park surface or by any heave in the future.

 

It is a contract lift but the crane company have made it clear that they will hold the client responsible for any damage to the car park if it turns out it is not sufficient for the cranes weight. They will put this in the contract.

 

Does anyone know who would be liable if the crane did damage the car park (sink holes etc) in this scenario? I felt that the crane company should be as it’s their equipment and speciality.

 

Does anyone know if there could be any liability attributable for heave? My understanding is that only if the owner had been negligible but I can’t see that they have in this case?

 

I really don’t want to leave myself or the client open to a claim for relaying a car park!

 

Thanks in advance.

 

Alan

[kevinjohnsonmbe]

The surgery is deemed to be at risk of damage if the tree fails but they are not the tree owner - am I reading that right?

 

Quite right that surgery would seek to recover costs for damage remediation - why would they want that liability. 
 

Can they provide credible spec for car park make up?  
 

I’d say the tree owner would have to assume liability for potential damage remediation. You can’t take that risk - you might end up well and truly in the cack!

 

Joking aside - have you considered a helo-lift?  Might not be as mad as it seems given the potential future liabilities.  

[Stubby]

If you can't get a helicopter walk away . life is too short .

[kevinjohnsonmbe]

2 minutes ago, Stubby said:

If you can't get a helicopter walk away . life is too short .

Or whack an extra £25k on the quote to allow for resurfacing. If it doesn’t need it have a nice bonus. 

[Stubby]

3 minutes ago, kevinjohnsonmbe said:

Or whack an extra £25k on the quote to allow for resurfacing. If it doesn’t need it have a nice bonus. 

The chopper could cost that ?

[doobin]

Surely the client would be the one liable for any heave, as they are the ones instructing/paying you to remove their tree? 
 

Sounds like the only winners would be lawyers if it ever got that far. 

[dan blocker]

Series of test boreholes into carpark to investigate constructiont(if the surgery agrees to it)? Temp road and crane stand over the top of existing carpark? Much smaller, lighter tracked crane(spiderlift type?) smaller lighter lifts? Client would find it difficult to get insurance for any damage occurred in works I would of thought🤔 or it would be very expensive. Sounds like the tree as got to come down so there’s got to be a solution🤔

[Khriss]

Pic would help. Money on tarmac being crap. Put stupid price  on  it, you dont have to do it. K 

[Mark Bolam]

I’d go with K and Kev (about the resurfacing, not the helo lift!) or walk.

 

Are the surgery aware of the implications of leaving the tree in it’s current state?

It would be on their insurance if the tree flattened the surgery, not the tree owners.

[Khriss]

1 hour ago, Stubby said:

If you can't get a helicopter walk away . life is too short .

I say that every day the bus is late. K