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markieg31
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Some may disagree, but potentially, its a legal minefield.

 

Nothing is stopping you from surveying a tree and writing a report about it, presumably as that is within your scope of experience and knowledge, but as soon as you do so you are professionally accountable for the information contained in the report, and due to the statute of limitations, will remain legally accountable for a period of years after. Typically between 3-12 years depending on the circumstances.

 

Now, you should bear in mind that ultimately, when writing consultancy style reports, your duty is to the court of the land as this is potentially where your report could end up being reviewed following any dispute (of course this is rare, but you should always consider it). Now one question that will definitely be asked at court is, 'how valid is this report?' and one way to verify that, will be to consider the qualifications and experience of the author. So, simply put, if you only have a level 2 qualification, and I have a level 7, it is likely that my opinion will be viewed more favourably. You could put a case forward based on many years of experience and few qualifications, but human nature being what it is, most people are swayed by rafts of certificates.

 

A final point to think about is the insurance issue. As soon as you are giving professional advice, then you need professional indemnity insurance. 3rd party/employers will not cover this. Pro. indemnity insures your advice or professional opinion, as you may make a bad judgement and your client decide to sue you for loss of value etc. There are also some types of Arb. related reports that I have to specifically advise my insurers that I am writing - otherwise if I don't, then they wont be covered by the indemnity. Insurance is a big issue to consider here.

 

There is also an argument to say that all tree workers (even climbers) should have this Pro. indemnity insurance in any case as everyone gives out advice all day, and this insurance covers the advice given - but many people operate without it happily. Disputes do arise though...

 

So what is your situation? What quals do you have and what are you intending to do?

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Some may disagree, but potentially, its a legal minefield.

 

Nothing is stopping you from surveying a tree and writing a report about it, presumably as that is within your scope of experience and knowledge, but as soon as you do so you are professionally accountable for the information contained in the report, and due to the statute of limitations, will remain legally accountable for a period of years after. Typically between 3-12 years depending on the circumstances.

 

Now, you should bear in mind that ultimately, when writing consultancy style reports, your duty is to the court of the land as this is potentially where your report could end up being reviewed following any dispute (of course this is rare, but you should always consider it). Now one question that will definitely be asked at court is, 'how valid is this report?' and one way to verify that, will be to consider the qualifications and experience of the author. So, simply put, if you only have a level 2 qualification, and I have a level 7, it is likely that my opinion will be viewed more favourably. You could put a case forward based on many years of experience and few qualifications, but human nature being what it is, most people are swayed by rafts of certificates.

 

A final point to think about is the insurance issue. As soon as you are giving professional advice, then you need professional indemnity insurance. 3rd party/employers will not cover this. Pro. indemnity insures your advice or professional opinion, as you may make a bad judgement and your client decide to sue you for loss of value etc. There are also some types of Arb. related reports that I have to specifically advise my insurers that I am writing - otherwise if I don't, then they wont be covered by the indemnity. Insurance is a big issue to consider here.

 

There is also an argument to say that all tree workers (even climbers) should have this Pro. indemnity insurance in any case as everyone gives out advice all day, and this insurance covers the advice given - but many people operate without it happily. Disputes do arise though...

 

So what is your situation? What quals do you have and what are you intending to do?

 

Yup, what he said.

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