Too close to dwelling

[Dean Lofthouse]

Not to put too fine a point on it... I think saying a disclaimer is not worth the paper is Bollox.

 

Disclaimers are just that, if you advise someone not to do something and they go against that advise they cannot come back to you later if they signed accepting that advise.

 

If something else happens not covered in the disclaimer then yes.

 

Disclaimers are exatly that, it's the wording that is up for scrutiny

 

Your job as has been described above is the mechanical take down, you have advised them there is a chance of structural problems which they should seek advise on, they sign to say they accept your advise and quote

 

People are far too wary nowadays, get a life, stop worrying and get on with your job

[felixthelogchopper]

I didn't say it wasn't worth the paper it was written on, I said it was prima facie void and upto the person relying on it to prove its reasonableness and the fact that it is well advertised, ie not hidden in the small print. I'm no lawyer yet, just a student, but the tutor who taught me contract law had practised for many years and really hammered this point home. Exemption clauses are always to be construed contra preferentum by the courts, so your wording must be watertight ( Baldry v Marshall [1925] 1 KB 260, also Andrews Bros (Bournemouth) Ltd v Singer and Co. [1934] 1 KB 17 ) .

[Dean Lofthouse]

I wasn't refering to your comment felix, it was higher up the thread

 

Your point on the being responsible for mechanical take down is a good one

 

...and yes it's the wording that counts, but a nice simple "advised to seek expert advise"

 

Similar to how house surveys are carried out, they in one sentence say, "Roof looks suspect" then in the next say, "Advise roofer to come in and take a closer look"

 

or, "Electrical wiring may need attention, advise suitably qualified electritian inspect"

 

What is the point of having someone in to do a house survey when they pass the book on to professionals, we may as well have just got the professionals in to start.

[felixthelogchopper]

Ah, I thought I might have misread your post, mate

[Mark Bolam]

Can you persuade the customer to get a structural engineers report done?

[Dean Lofthouse]

I personally would dig a test hole down the side of one of the house walls and see what the foundations are and what they are sat on, if you get down to shaley or solid rock then dont worry, nowts going to happen and if it is a modern house on clay it should be on a raft foundation

[treequip]

I think disclaimer is the wrong word. You can’t disclaim responsibility with a document if you would be otherwise responsible in law.

 

It would be prudent to protect yourself with a caveat

 

A Caveat puts the other party on notice that there may be actions they need to take and or consequences of their proposed course of action.

In this case I would offer the service they require but bring the S/E soils issue to the attention of the client and advise them to take professional advice on that issue.

 

They can either take your advice to get a professional opinion or not, either way your duty of care is fulfilled. It goes without saying that the above should be in writing.

 

Andy

[welwell]

Thought you'd like an update

 

After sending a quote in pointing out the very possible outcomes and providing him with the phone number of a structural enginneer he calls me today to give me the go ahead.

 

He hasn't called the number I supplied, I advised him strongly to do so. And so we'll be rocking up with a disclaimer of sorts and fell the tree. Anyone got any such disclaimers they keep on file that they could ping over to me???

 

It would be appreciated.

 

TA

[muldonach]

Thought you'd like an update

 

After sending a quote in pointing out the very possible outcomes and providing him with the phone number of a structural enginneer he calls me today to give me the go ahead.

 

He hasn't called the number I supplied, I advised him strongly to do so. And so we'll be rocking up with a disclaimer of sorts and fell the tree. Anyone got any such disclaimers they keep on file that they could ping over to me???

 

It would be appreciated.

 

TA

 

The only disclaimer that is worth more than the scrap value of the paper is one that you get from your insurers - who you should seek advice from before proceeding.

 

The last thing you need is his insurers coming after you for re-imbursement and your insurers denying liability because you knew it would happen and went ahead anyway. If you have advised him in writing that he needs a structural engineers report before the tree is felled and then you go ahead and fell the tree without seeing such a report then imo at least you have just given your self both barrels right in the foot in the event of any damage arising

 

You owe the householder a duty of care and you cannot absolve yourself of it irrespective of what he signs. Your insurance company requires that you act as a "prudent uninsured" person would.

 

cheers

mac

[ukminch]

You don't need a disclaimer what you need is on the quote and receipt state that you would advise that a structural engineer is employed to monitor the house over a period of time. Unless of course you have surverying qualifications and know exactly what will happen, ifso speak to your professional indemnity insurers for advice.

 

R