report limitations, fine print etc

[sloth]

Hi all, wondered what everyone includes in the fine print of any survey/consulting work they do? Ie. What are the report limitations, 'in my/our opinion', report valid from/until, adverse weather etc etc.

Do your insurers have certain requirements?

If tits went up, would self typed limitations stand up in court?

Do you have the client sign to say they have received or understood it?

Also, do you keep a paper copy for yourself, or will digital do?

Thanks for letting me pick your brains, look forward to the response

[Tony Croft aka hamadryad]

As noone else is replying i thought i would at least say its not fallen on deaf ears!

 

Im still fine tuning my own "fine print"

 

i would however suggest that by making too many restrictions and limitations, too broad and cover all scenarios, what youll end up doing is putting your potential clients in a mind that youre not really up to the job.

 

What that means is that cover your arse too much and well, they arent really getting what they are paying YOU for are they?

 

Its difficult putting a definitive definition on a living undefinable thing isnt it!

[sloth]

Thanks for the reply, so its really not too important how its worded? I suppose if you had missed something you shouldn't it would be up to the court to decide negligence, regardless of what your limitations are, within reason. I guess one of the more important things to include, for the customers sake if not your own, is how long the report is valid/when you recommend reviewing it; maybe

[treequip]

You would be better posting this in a legal forum but for what it’s worth………..

By limitations I assume you mean terms and conditions (T&C’s)?

 

Limitations belong in the brief and caveats which form part of the report. For example

 

this report is based on ground level observation of visible parts.

 

Or

 

during our site visit we noted a tree on a neighbouring property that would bear some further inspection, you should remind the land owner of their duty of care……

 

You can’t write a “CYA” clause that’s worth the paper it is written on.

 

The route to not shafting yourself is to clearly define the remit of the report and then stay strictly within the bounds and use caveats to inform the client.

 

My advice would be to write up the standard T&C’s you want to use in plain English then present them to a lawyer (preferably a commercial lawyer) who can check that they are legally defensible, add anything you missed and write them up in a professional manner.

 

Andy

[arb culture]

You would be better posting this in a legal forum but for what it’s worth………..

By limitations I assume you mean terms and conditions (T&C’s)?

 

Limitations belong in the brief and caveats which form part of the report. For example

 

this report is based on ground level observation of visible parts.

 

Or

 

during our site visit we noted a tree on a neighbouring property that would bear some further inspection, you should remind the land owner of their duty of care……

 

You can’t write a “CYA” clause that’s worth the paper it is written on.

 

The route to not shafting yourself is to clearly define the remit of the report and then stay strictly within the bounds and use caveats to inform the client.

 

My advice would be to write up the standard T&C’s you want to use in plain English then present them to a lawyer (preferably a commercial lawyer) who can check that they are legally defensible, add anything you missed and write them up in a professional manner.

 

Andy

 

Excellent advice. Are you studying law Andy? I just ask because, looking at some your other posts, you seem to know quite a bit about it.

 

Also, do you know any legal forums that are friendly to the legal layman?

[Highland Forestry]

Personally I think people get too wrapped up in trying to cover thier own backside..

 

If you hold professional indemnity insurance then your insurance company should tell you if there are any clauses or any fine print that should be added to reports.

 

If your insurance company is worth it's salt then they will honour your policy regardless of any neglect because that's what the professional indemnity is there for..

 

If you stuck soley to the remit of the indemity limitations then there would never be anything to go wrong and having the insurance in place would be a waste of time..

 

Once you have a decent and comprehensive professional indemnity policy in place you should then turn your attention to providing professional and competent reports and concentrate on the job in hand.... reporting on trees and not covering your arse.

[treequip]

Excellent advice. Are you studying law Andy? I just ask because, looking at some your other posts, you seem to know quite a bit about it.

 

Also, do you know any legal forums that are friendly to the legal layman?

 

I would describe myself as a student of the law, but not yet a law student.

 

Forums?.....

 

Most legal questions need consideration and often research, each answer spawns a heap of new questions so lawyers don’t tend to give it away.

[treequip]

Personally I think people get too wrapped up in trying to cover thier own backside..

 

If you hold professional indemnity insurance then your insurance company should tell you if there are any clauses or any fine print that should be added to reports.

 

If your insurance company is worth it's salt then they will honour your policy regardless of any neglect because that's what the professional indemnity is there for..

 

If you stuck soley to the remit of the indemity limitations then there would never be anything to go wrong and having the insurance in place would be a waste of time..

 

Once you have a decent and comprehensive professional indemnity policy in place you should then turn your attention to providing professional and competent reports and concentrate on the job in hand.... reporting on trees and not covering your arse.

 

I think there is some confusion in terms here.

 

The indemnity limitations will be part of your contract with your insurer. It’s that part of the contract that describes what you are insured for. You MUST stay within the indemnity limitations.

 

I wouldn’t bet on your insurance covering you if you are negligent. Negligence is conduct that falls short of what the “reasonable man” would do to avoid the foreseeable.

 

Most insurers exclude negligence from their risk.

 

I agree entirely about staying with what you know and disregarding ass covering.

 

 

Andy

[sloth]

Thanks all, treequip, good advice, so you think my insurer would/should give some guidance in their t&c's with me?

As a side note, I imagine there are other threads dealing with it, but who would you recommend as a good pi insurer? I'm currently getting a quote from w r Berkeley through bjp ins, anyone had any dealings with them?

[Highland Forestry]

Thanks all, treequip, good advice, so you think my insurer would/should give some guidance in their t&c's with me?

As a side note, I imagine there are other threads dealing with it, but who would you recommend as a good pi insurer? I'm currently getting a quote from w r Berkeley through bjp ins, anyone had any dealings with them?

 

Give Cameron a ring at Trust Insurance - 01604 492644

 

I have my PI policy with them and it's spot on.