I wouldn't sign either if I were a homeowner. I think you need to more clearly define what you will and won't do, and what you can and cannot reasonably avoid. For example, you can reasonably avoid a private power run to an out building if the homeowner discloses it's existence, you should have equipment to locate the exact path/depth. Other things that are not locatable, what we do is put the responsibility on the homeowner to locate & expose. We typically have to do this for drainage lines, dog fence wires etc. And you definitely do want a disclaimer of liability for hitting something that was not disclosed and you would have no way to know of it's existence. Whether that disclaimer would stand up in court is another issue. I also think telling the homeowner they are responsible for future erosion control is going too far, your crew should be doing enough restoration to stabilize the ground and get grass growing again.
On Sat, Aug 13, 2022 at 11:15 AM Steve Jones <[email protected]> wrote: > > You guys who do this want to review this and tell me what im missing. Ive > sent it to the attorney for review but shes more an estate attorney, so may > be that there are some gotchas im missing. I dont like that its 2 pages, but > I like liability even less. > This is more for residential, small commercial and WISP/FISP work . I assume > if I get into a bigger drill and bigger work, those contracts will address > all that. > > Thanks in advance > -- > AF mailing list > [email protected] > http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com
