Register free!

The Green Industry's Resource Center



Reply
 
Thread Tools   Display Modes
  #11  
Old 03-29-2011, 11:34 PM
RockSet N' Grade RockSet N' Grade is offline
LawnSite Silver Member
 
Join Date: Jan 2006
Location: Kaysville, Utah
Posts: 2,454
All interesting points of view.......and that is why God made attorney's. If something goes wrong, expect to hire a real real good one and expect to lose. The business of excavation/heavy equipment is not a favorite in the public's eye. Ignorance of the law and doing just what the homeowner wants does not exempt you from any liability from the hole that you dug, after all, you are the professional. You are held to professional standards. That hole is yours from start to finish regardless of your agreement stating otherwise. Dig it to code or better, provide a ladder, barricade it off, take plenty of pictures and have your agreement signed........that is the best you can do, but at the end of the day, if someone gets hurt - you will without question be asked to pay.
Reply With Quote
  #12  
Old 03-29-2011, 11:43 PM
RockSet N' Grade RockSet N' Grade is offline
LawnSite Silver Member
 
Join Date: Jan 2006
Location: Kaysville, Utah
Posts: 2,454
another point - the hole you dig will not just be 3' deep. It will be measured from the deepest point to the height of your spoils pile that is normally stacked right next to the trench. There was mention that OSHA would not be involved - that is incorrect. I learned this the hard way and it is not pretty........If you see some chick in a pink hard hat, clean work boots that have only seen the clean floors of StarBucks and the Library where she has memorized the entire Code book, you will understand the power of beaurocaratic pencil pushers who know nothing about the real world - except to suck your pocketbook dry......
Reply With Quote
  #13  
Old 03-30-2011, 09:07 AM
AWJ Services AWJ Services is offline
LawnSite Platinum Member
 
Join Date: Jun 2004
Location: Ga
Posts: 4,263
Quote:
Originally Posted by 74inchShovel View Post
I would not be so worried about getting sued as I would be about preventing any accidents in the first place. Anything over 4' deep slope out at 1 to 1 or greater depending on soil classification. Sending anyone in a ditch that is unsafe is foolish at best,at worst a fatality.
The accepted standards for construction saftey are set by OSHA.
Reply With Quote
  #14  
Old 03-30-2011, 09:11 AM
AWJ Services AWJ Services is offline
LawnSite Platinum Member
 
Join Date: Jun 2004
Location: Ga
Posts: 4,263
I will add that my point was to bring attention to the fact that all jobs have Liability and there is no way around it in todays world.
Reply With Quote
  #15  
Old 03-30-2011, 01:39 PM
AdvLandscapeLLC's Avatar
AdvLandscapeLLC AdvLandscapeLLC is offline
LawnSite Senior Member
 
Join Date: Jul 2009
Location: Guilford,CT
Posts: 530
I appreciate all the help guys, What i ended up doing was having him sign a liability agreement for the services which is standard on most of my contracts for landscaping and also came up with an open hole policy where i signed over the site to the homeowner which included a description of the policy a time of turnover etc... I marked out all the holes with caution tape and cones and documented the marking with digital photos. Most all my holes where 4' deep and cut back a little wider than normal and benched it to make access\egress easier and safer. I pushed the spoil pile back farther from the edge just for reassurance. Everything went well on the job and the property owner was very pleased. I know that document isnt everything but if something happened and it did go to court my insurance would cover me and also see that it wasnt a case of gross negligence.
Reply With Quote
  #16  
Old 03-30-2011, 05:06 PM
RockSet N' Grade RockSet N' Grade is offline
LawnSite Silver Member
 
Join Date: Jan 2006
Location: Kaysville, Utah
Posts: 2,454
Adv.......nice. A lot of guys would have not taken the extra effort...it always pays off in the long run.
Reply With Quote
  #17  
Old 03-30-2011, 08:27 PM
AdvLandscapeLLC's Avatar
AdvLandscapeLLC AdvLandscapeLLC is offline
LawnSite Senior Member
 
Join Date: Jul 2009
Location: Guilford,CT
Posts: 530
I refuse to be one of those guys in the industry that tries to cut corners and be one of "those hacks" do i know everything? not by any means but I think with time and continuing my education in books, on jobs, making small mistakes and learning from them everything will eventually pan out. I appreciate everyones help on this. Hopefully one of these days everything will take off and I can get into the full size equipment world but until then this will make do.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Copyright ©1998 - 2012, LawnSite.comô - Moose River Media
All times are GMT -4. The time now is 01:55 AM.

Page generated in 0.08054 seconds with 9 queries