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  #1  
Old 03-28-2011, 08:54 PM
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AdvLandscapeLLC AdvLandscapeLLC is offline
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Liability Agreement help please

Does anybody here use a liability agreement prior to starting any excavation work on site? I absolutely would for an extensive job but i'm questioning whether or not to do one on a quick 1-2 hour job tomorrow? and also are there any very key points in which you put in your agreements?
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Old 03-28-2011, 09:03 PM
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wanabe wanabe is offline
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Did you not call the locate service? Do you not have liability insurance?
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  #3  
Old 03-28-2011, 09:05 PM
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AdvLandscapeLLC AdvLandscapeLLC is offline
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CBYD has already marked the site, i have full liability and property insurance for the work in which i do
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Old 03-28-2011, 09:11 PM
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AdvLandscapeLLC AdvLandscapeLLC is offline
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my biggest concern is that the customer simply wants me to open a hole along his foundation to allow him to do repairs on his foundation and then return in the afternoon to close it up. My concern is the time away from the hole and being responsible for the open hole. What i was thinking was an agreement set up something like this;


If the customer wishes to have Advanced Landscaping Services LLC excavate a trench, hole, or any below grade area. We are not responsible for that excavation once we leave the site. Once we leave the property care of the above mentioned excavated area will be the responsibility of the property owner.
DATE: _____/______/______
EXCAVATION OPENED:________hrs
EXCAVATION COMPLETED TIME: _________hrs
EXCAVATION TURNED OVER TO PROPERTY OWNER: __________hrs
EXCAVATION CLOSED: _________hrs

and have a signature from the customer in understanding and at the time the hole is turned over to him. I just dont want to be liable for a fall when i'm not there. Its a 3'deep by 15' long trench nothing crazy.
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Old 03-29-2011, 07:18 AM
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wanabe wanabe is offline
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I would put in there that the homeowner is responsable for fencing the area and that you will not be held liable for any structure damage. Once seen a old house that they were digging along and the basment wall gave way. Needless to say the house came down and it was a ugly court battle.
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  #6  
Old 03-29-2011, 08:11 AM
AWJ Services AWJ Services is online now
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If the excavated area is for Human entry into the area and it is not dug/shored according to osha standards you will be held liable if anyone is hurt while in excavated area regardless of any paper work you may want them to sign. Property damage would fall into a different category.
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  #7  
Old 03-29-2011, 05:57 PM
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Dirt Digger2 Dirt Digger2 is offline
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OSHA wouldn't be involved because the homeowner is not a paid employee

if the trench were to collapse and the guy get hurt a lawsuit would be sure to follow I am sure...but OSHA wouldn't be involved because it doesn't deal with an employee
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Old 03-29-2011, 06:30 PM
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ksss ksss is offline
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It would seem like a good idea on the surface. The only issue would be balancing your liability with the customers ease of doing work with you. This would seem rather simple and likely wouldn't cause issues.
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  #9  
Old 03-29-2011, 08:44 PM
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Quote:
Originally Posted by Dirt Digger2 View Post
OSHA wouldn't be involved because the homeowner is not a paid employee

if the trench were to collapse and the guy get hurt a lawsuit would be sure to follow I am sure...but OSHA wouldn't be involved because it doesn't deal with an employee
Yes but OSHA standards will be used in the lawsuit.
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  #10  
Old 03-29-2011, 08:49 PM
74inchShovel 74inchShovel is offline
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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.
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