Assault & Battery Exclusion Clause?

Discussion in 'Business Operations' started by tx_angler, Jan 14, 2004.

  1. Fantasy Lawns

    Fantasy Lawns LawnSite Bronze Member
    Posts: 1,913

    I'd NEVER sign that .... landscaping sure I have contracts ... commercial & most resi .... yes .... but in this state an oral contracto or agreement is binding

    Also from what I understand the Assault & Battery Exclusion is a two way street .... say one of your employees or even your self is working n someone comes up to you and say's "hey you chipped my car" than takes a bat to ones head ...n this person is a deadbeat with no $$ .... are you covered or not

    OR say one of your employees is working n his "new" girlfriends old X comes by n beats the %$^* out of him .... he is on the clock .... who pays for this one??
     
  2. GTLC

    GTLC LawnSite Senior Member
    Posts: 700

    I would love to have an oral contract with Jenna Jameson!:D :cool: :cool2: :drinkup: :nono: :laugh: :jester: :blush:
     
  3. brucec32

    brucec32 LawnSite Platinum Member
    Posts: 4,403

    No, I believe the "oral contracts" exemption means it won't cover you for something like a failure to perform and the resulting damages. The insurance company wants to know that you're only on the hook for written contracts, so that they don't have to send lawyers out to defend you from spurious claims based on heresay as to what you promised.

    It's not as obvious in lawn maintenance and landscaping how that could be a big deal, but sometimes a failure to do something you promise can hurt another badly. A quick example off the top of my head: You orally contract to landscape a home and get it ready for sale for an owner who's trying to unload it. He gets a contract on his house from a buyer, but it's contingent on fixing up the yard which is a mess. The walkthrough day rolls around and you haven't showed up to do the work as promised. The buyer then excercises his right to backout of the purchase contract because the seller hadn't fullfiled the stipulations. The owner could then, theoretically, come back and sue you for his damages such as interest and other carrying costs on the home, and even potentially a lost job if he's moving to another place to work but can't because he can't swing two payments.
     
  4. tx_angler

    tx_angler LawnSite Senior Member
    Posts: 278

    brucec32

    Your're scaring the crap out of me. After all it's just lawn cutting!
     
  5. Fantasy Lawns

    Fantasy Lawns LawnSite Bronze Member
    Posts: 1,913

    Very good Bruce ... that's more so of what I hoped it meant
     
  6. John Allin

    John Allin LawnSite Bronze Member
    Posts: 1,489

    And, for what it's worth - Bruces defines it alot like what I had envisioned that to be....
     
  7. mtdman

    mtdman LawnSite Gold Member
    Posts: 3,137

    That's when you close up shop and re-open under another name, and hope your LLC protects your ass.

    :D
     

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