Too close to dwelling

[welwell]

Another update

 

I've drafted a "discalimer"

 

What do reckon??

 

About...trees accepts no liability to subsequent damage to the property resulting in movement or change in soil condition as a result from the removal (felling) of this large oak as detailed in quote 4.0510 dated 21/5/2010. Moreover, during the course of this consultation Wayne Elwell has provided me with details and phone numbers of suitable qualified structural engineers that could provide written reports along with recommendations of how to approach the removal of the tree and suggested timescales.

 

About...trees has strongly suggested that these consultants be contacted prior to felling the tree on both written quotations and over telephone conversations, and they have acted in Mr Iain Brett’s best interest and exercised an appropriate duty of care regarding this matter.

 

Of the numerous quotations obtained to carry out these works about...trees were the only company to identify this potential issue and offer advice and guidance on the most appropriate course of action to undertake, and in signing below I accept that they have exercised due care and attention and done all they can to guide me in this instance. I accept full liability for potential future movement, change in soil conditions or subsidence caused by the removal (felling) of this tree

 

 

 

Worth the paper its printed on????

Anything missing???

 

Cheers

 

W

[Shane]

Have it checked by a solicitor.

May cost a few quid but could save thousands... and you'll have the wording if you ever need it again.

[welwell]

Might just do that, just happen to be seeing a solicitor on Friday, once I've got the wording I'll put it up here for all to share............it's just the kinda guy I am!!!

[felixthelogchopper]

Don't see the purpose of this bit;

 

"Of the numerous quotations obtained to carry out these works about...trees were the only company to identify this potential issue and offer advice and guidance on the most appropriate course of action to undertake...."

 

It reads a bit like you're writing yourself a reference rather than a disclaimer.

[welwell]

Just trying to point out that we as a company were showed more of a duty of care than the others.

Hey what do I know, I climb trees for a living, this is my first attempt at a disclaimer.

[felixthelogchopper]

Just trying to point out that we as a company were showed more of a duty of care than the others.

Hey what do I know, I climb trees for a living, this is my first attempt at a disclaimer.

 

No worries. You don't need to show you took the most care, just that you took reasonable and sufficient care. Emphasising that you strongly recommend seeking qualified advice is a good point. It might be worth stating that your quote is solely for the actual mechanics of tree work, not advice on structural matters. Definitely see the solicitor though.

[common lime]

Do you have professional indemnity insurance to give such advise?

 

Have you considered that there was a reason why your competitors did not raise this issue to the potential client?

 

Finally are you sure that the potential client is located on London or Weald Clay you are near the Kent fruit belt of Green Sands?

 

I throught that if you kept it simple i.e. Given that I am being employed as a professional Arb contractor, I can not express any professional opinion on any consequence of removing the tree from site.

[welwell]

Spoke to my insurance and they said that the letter is good enough for them. Providing we both sign and date they're happy with it.

[Doug Blease]

I would mention that you have accurately identified the soil type/classification and how you did this (i.e. soil examination pit / soil classification map) and reference this research.

 

Only my tuppence worth. Feel free to dismiss.

Edited June 16, 2010 by Doug Blease

[welwell]

Won't dismiss any input.....good points cheers