Liability Agreement help please

Discussion in 'Heavy Equipment & Pavement' started by AdvLandscapeLLC, Mar 28, 2011.

  1. AdvLandscapeLLC

    AdvLandscapeLLC LawnSite Senior Member
    Posts: 568

    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?
     
  2. wanabe

    wanabe LawnSite Senior Member
    from So. IL
    Posts: 943

    Did you not call the locate service? Do you not have liability insurance?
     
  3. AdvLandscapeLLC

    AdvLandscapeLLC LawnSite Senior Member
    Posts: 568

    CBYD has already marked the site, i have full liability and property insurance for the work in which i do
     
  4. AdvLandscapeLLC

    AdvLandscapeLLC LawnSite Senior Member
    Posts: 568

    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.
     
  5. wanabe

    wanabe LawnSite Senior Member
    from So. IL
    Posts: 943

    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.
     
  6. AWJ Services

    AWJ Services LawnSite Platinum Member
    from Ga
    Posts: 4,276

    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.
     
  7. Dirt Digger2

    Dirt Digger2 LawnSite Silver Member
    from PA
    Posts: 2,396

    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
     
  8. ksss

    ksss LawnSite Fanatic
    Posts: 7,126

    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.
     
  9. AWJ Services

    AWJ Services LawnSite Platinum Member
    from Ga
    Posts: 4,276

    Yes but OSHA standards will be used in the lawsuit.
     
  10. 74inchShovel

    74inchShovel LawnSite Member
    Posts: 107

    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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