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Duty of care


RobArb
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I'll wait for mine! but it does fall into - Dead, diseased and damaged in my book!

 

You need a new book!:laugh1::001_tongue:

 

Seriously though surely theres no chance that would constitute a DDD order to fell.

 

Would be interesting though to follow how/if the crack develops and what affect it has any.

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Seriously though in this case I admit I made a mistake, but isn't it better to shout up and make a mistake and learn from it rather then sit back, whimper and do nothing because you can't be bothered any more?

 

In this case lesson learned for me, but it has become an interesting read:thumbup:

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Another non-arb jumping in with some comments.

The original question was duty of care. I'd break that down into the following: The arb called to deal with the tree has made an assessment (right or wrongs apart) that the tree constitutes concern. The local TO over-rules that and therefore must be taking responsibility. A responsibility will also still rest with the trees owner who is in the position to assess further change.

 

As far as backside-covering goes the arb should document those concerns where genuinely felt and write to the TO requesting written confirmation of the TO's position. Both should ask the owner to keep a watching brief and report any changes they see.

 

Another way of looking at this is to take further advice and since you all must be carrying insurance then the insurance company is not a bad place to start... to find out there position on these matters - since they carry the cash if everyone else is wrong.

 

In my profession such issues would be dealt with both by contact with our indemnity providers and also by calling our professional conduct/legal department to check any ethical position. I know the answer would be another more specialised opinion..and the owner wouldn't want to pay. Then it comes down to whether the owner is insured and their insurance will pay or whether the indemnity insurance will pay for that opinion.

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