Been asked to look at the condition of some trees and offer up a maintenance plan

[Hodge]

So i just finished on the blower and sure enough I'm not covered to advise my clients on pruning trees!i need to pay up an additional premium if im to do that and even then commercial clients can then make up a maximum of 10% of my consultancy. Ive asked if they can check with the underwriters which qualifications would they require of me to be able to be covered for general advice.im finding it all a bit worrying. Makes me wonder if something was to go amiss with a tree ive offered free advice (but not surveyed) and then pruned in the past am i now in the dangerzone?!

Whos your cover with hodge if you don't mind me asking

 

 

Trust, 01604 492644 indemnity insurance comes in the cover and no qualification only experience. But you cannot charge for the advice. This is one of the reasons I have stuck with trust for 10 years.

[hamdogg]

Trust, 01604 492644 indemnity insurance comes in the cover and no qualification only experience. But you cannot charge for the advice. This is one of the reasons I have stuck with trust for 10 years.

 

 

Surely if your just giving advice, and not guaranteeing the overall future of the tree, I mean I give advice every time I price a job! Didn't think you had to have ID insurance

[Hodge]

Surely if your just giving advice, and not guaranteeing the overall future of the tree, I mean I give advice every time I price a job! Didn't think you had to have ID insurance

 

 

It's only if you charge for the advice I think. Speak to your insurance to be sure.

[samiad]

Surely if your just giving advice, and not guaranteeing the overall future of the tree, I mean I give advice every time I price a job! Didn't think you had to have ID insurance

 

 

I'l let you know what my insurance company say but it certainly wanst reasuring upon initial impressions!

[hamdogg]

I'l let you know what my insurance company say but it certainly wanst reasuring upon initial impressions!

 

 

Cheers! I'm slightly confused!

[Craig Johnson]

just because you have insurance, unless you are qualified to give the level of advice your client requires, its still not worth the paper its written on

[Hodge]

just because you have insurance, unless you are qualified to give the level of advice your client requires, its still not worth the paper its written on

 

 

I usually recommend a tree survey, I get my guy in to do them. I only advise on things I'm sure of.

[hamdogg]

For example- the other week I was asked to come look at an oak for the Methodist church which the neighbours had complained about as it had some long lateral limbs growing over there property, so I suggested reduce back the limbs to suitable growth points and a good crown clean, I wrote this up in an e mail along with my quote! I'm sure I don't need the insurance for this sort of situation!

[daltontrees]

It's only if you charge for the advice I think. Speak to your insurance to be sure.

 

Unfortunately this is not the case, if you give negligent advice that a customer or potential customer relies on and something goes wrong, in law it doesn't matter that you didn't charge for it, you may be liable. It seems unfair, but that's the way it is. Put it another way, if you give free advice it may just be to get the job or to enhance reputation, both with the ultimate aim of making money. Not charging for specific advice is not a get-out.

[daltontrees]

Hello there

 

Ive been asked to give some advice and carry out some work on some trees growing around a green in a residential area. Im going to meet up and look at the job in the next few days but wanted to get your top tips first. Can i do this sort of thing if im not insured as a consultant?Im aware that even though i do some reading and have some years of practical experience, my advice might not stand up i court if a problem occurred in the future. The management company are an important source of work for me. Im worried if i turn the job down they'll look elsewhere. Do you think some General pruning advice and a maintenance plan for the trees is something i could offer as a man with some experience and a brace of cs qualifications or am i not allowed?!

 

Cheers!

 

If you advise and the advice is acted upon or relied upon, you could be liable in negligence, whether you charge for the advice or not. There's probably 2 main things that could go wrong and result in you getting sued (i) you overlook or misjudge a hazard that presents an unacceptable risk, and someone or something suffers if the tree fails (ii) you specify the wrong work for the species, situation, time of year etc and the tree dies because of the mistreatment. CS40 shows you are competent to do the work, not to specify it. If you perform it incompetently, you could also be liable but under this slightly different principle.

 

You are allowed to give free advice, that's not illegal. But if you get it wrong you will be liable and if you are found to be lacking in qualifications and relevant experience there will be nowhere to hide in the courtroom.

 

So to reiterate, split your potential actions into those 3 elements, risk assessment, tree health/aesthetics specification and competent work. If you are uncomfortable with any one aspect, decline to do that aspect and get someone else in. I do reports for contractors, I never meet the client and they present a quote with my report attached, in the name of the contractor. The client cannot rely on the report unless they use that contractor. The client sees a seamless professional package forn the contractor that's backed by this consultant's insurance and qualifications, and 9 times out of 10 the contractor gets the job.

 

I hope this helps clarify. Don't pretend to be contractor and consultant unless the downside risks are trivial (usually small trees) and you are prepared to take it on the chin if you get it wrong and importantly unless you feel that it is within your general experience and good working knowledge of trees.

Edited October 22, 2014 by daltontrees