tree contracts and tenders

[Old Mill Tree Care]

Mine does

 

Ours in the SE don't. Possibly due to considerably higher population levels of companies.

Also what Pedroski said.

 

 

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[Old Mill Tree Care]

You would normally have to do a Pre Qualification Questionnaire to get on a LA list, if you are then approved you will have to submit your rates, if they find them acceptable you then may be invited to tender for work.

 

You do NOT have to be a AAAC to be accepted although obviously this is going to help, being CHAS Accredited but not an AAAC will also help in your favor.

 

I know it's not a national legal requirement to be AAAC to be accepted. I said that councils in my area require it to comply with their own internal policies.

 

IN MY AREA back in the day when councils had a 'list' there were occasions when a council official recommended a contractor from the 'list'.

Inevitably at some point things would go wrong on a job and the home owner would then issue a legal case against the council for compensation.

This list list was evidence of the ultimate old boys club so the council had to abolish it to insulate themselves from future legal hot water.

 

I'm NOT referring to all councils here.

 

 

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[Old Mill Tree Care]

Yeah that's how I got in but it's all changing now.

 

There ya go.

 

 

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[skyhuck]

I know it's not a national legal requirement to be AAAC to be accepted. I said that councils in my area require it to comply with their own internal policies.

 

IN MY AREA back in the day when councils had a 'list' there were occasions when a council official recommended a contractor from the 'list'.

Inevitably at some point things would go wrong on a job and the home owner would then issue a legal case against the council for compensation.

This list list was evidence of the ultimate old boys club so the council had to abolish it to insulate themselves from future legal hot water.

 

I'm NOT referring to all councils here.

 

 

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How does a AAAC list indemnify the council??

 

A list is a list, are you saying AAAC's never have any problems??

[skyhuck]

It's impartial only in so far as anyone is free to submit a tender application, and each application is supposed to be considered on its own merits and supposed to represent best value. However, the impartiality bit kind of disappears when the company submitting the tender application have useful contacts and have done work before for the LA. Also, it would seem, that cheapest price can often trump best value. Another area where the impartiality disappears in when the LA include something along the lines of a a "minimum turnover of £9m" in order to oust an existing firm and to enable another firm to come in from outside after buying up a load of smaller firms.

 

I was asking how only using AAAC's was impartial, hence my quote

[Pedroski]

What OMT is saying is that by only considering AAAC members for tenders, then the council is doing something which could be considered to be "reasonably practicable" from the point of view of their duty of care etc. If a homeowner then tries to issue a claim against the council for liability, then the council's insurers can reject the claim on the basis that the council has done everything that is "reasonably practicable" to ensure all goes smoothly. Any claim would then have to be against the firm carrying out the work.

[skyhuck]

What OMT is saying is that by only considering AAAC members for tenders, then the council is doing something which could be considered to be "reasonably practicable" from the point of view of their duty of care etc. If a homeowner then tries to issue a claim against the council for liability, then the council's insurers can reject the claim on the basis that the council has done everything that is "reasonably practicable" to ensure all goes smoothly. Any claim would then have to be against the firm carrying out the work.

 

But thats not impartial, they could just as easily put a disclaimer on their list stating its the householders responsibility to check that the Co's have insurance etc.

 

I recon the council could be sued for only allowing AAAC's on their list, its not a legal requirement and to make people join what is basically a "club" in order to be on the list is just plain wrong IMO.

 

There will be plenty of firms who have every thing in order, but feel no need to join the club and there will be plenty in the club who are cutting corners, just not on assessment day

[Pedroski]

I was asking how only using AAAC's was impartial, hence my quote

 

Well, in theory, all AAAC firms should be treated impartially and they also have a big advantage in the tender process compared with non-AAAC firms, and if the council requires AAAC then the non-AAAC firms won't get through the tender process anyway. And if AAAC membership is required by the council as a qualification to get through, that's their prerogative. I'd put money on their being some really crappy AAAC firms, despite them supposedly being the "cream of the crop" as I read on one AAAC member's web site. It's annoying, in the same way as Check-a-trade membership being seen as something special. Everyone is getting forced into a corner of buying into this that or whatever scheme! Maybe something could be done about it as it is anti-competitive and creates an unlevel playing field. I'm not sure that that's legal!

[Pedroski]

But thats not impartial, they could just as easily put a disclaimer on their list stating its the householders responsibility to check that the Co's have insurance etc.

 

I recon the council could be sued for only allowing AAAC's on their list, its not a legal requirement and to make people join what is basically a "club" in order to be on the list is just plain wrong IMO.

 

There will be plenty of firms who have every thing in order, but feel no need to join the club and there will be plenty in the club who are cutting corners, just not on assessment day

 

Yep, it's a cop out by the council as AAAC membership means the council can assume all insurances etc in place. Even without AAAC, and all these other associations, there's always been a "club". The Rotary Club!

[Pedroski]

Anyway, MUST GET OUT MORE - I'm going to look at a tree for a client, with my lack of AAAC membership and lack of tree quallies!

 

Actually, I should be able to tender for council work so long as I make it clear on the tender app that tree works are subbed out to AAAC members.