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Growing Green
02-23-2011, 02:04 PM
I'm going to be planting some plants and shrubs in someone's yard and wanted to know if anyone uses a waiver form for the customer to sign. For example, they tell me to plant a tree here and I dig and hit a pipe or cut their cable wire I don't want to be responsible. Does anyone use something like this?

I searched the forums and couldn't find any forms on this.

Thanks,
Matt

950thomas
02-23-2011, 02:12 PM
I use them basically I am not liable for anything that is not marked by the utility company in my state there is a company that marks the gas water and electricity phone and cable but I am not liable for irrigation low voltage lighting and so on

Steve
02-23-2011, 05:17 PM
When you are digging, do you call ahead to have the area marked by the utilities? I would think that would be very important for you to do first. If you hit something, I think it would still fall on your shoulders.


but I am not liable for irrigation low voltage lighting and so on

What would you suggest doing if you did happen to hit such an underground obstacle? How would you resolve it?

950thomas
02-23-2011, 06:56 PM
Yes call before I dig if I hit a line and. It was not marked I will fix it and charge the customer

Steve
02-23-2011, 07:53 PM
Is there any wording from your estimate form that you could post to show us how best to word that?

950thomas
02-23-2011, 08:10 PM
As long as u write it out and @2 people sign it twill hold up in court

Growing Green
02-23-2011, 10:33 PM
Does anyone have an example of a form they use?

Thanks,
Matt

Hedgemaster
02-24-2011, 12:39 AM
As long as u write it out and @2 people sign it twill hold up in court


If this were true, the phone book would be half as thick.

Check with an attorney and see if they agree with your legal advice.
I've seen "legal documents" that were deemed "practically useless" by an attorney who reviewed them.

LawnMoore
02-24-2011, 12:42 AM
I think he is saying, that he writes them out in print, and has the customer and a witness, or the 2+ customers sign it?

Seems pretty legitimate to me, however, i do not know first hand but i would use it as legitimate documates in court, if i wrote it, and they signed it..

Sometimes, or anytime we run into something we need a waiver for, it will most likely be different from time to time, so it seems to me, a written waiver would be needed, however if you had blank waiver forms, that were titled waiver and had your logo/info on it, then you simply draw it up! (might be something handy in the truck file!

With the phone company's and utilities, if they missed a mark, its there fix, but you have to call them immediately!

If you cut a marked wire or an employee does, hope its not a new, fiber line. :eek:

Steve
02-25-2011, 01:45 PM
How about something like this? Remember to have your attorney check it before using.

Underground Utilities:

We cannot be liable for buried underground utilities and privately installed utility lines hidden from sight. JOE'S LANDSCAPE SERVICE Inc. does not assume responsibility for damage done to underground utilities while performing services. Underground utilities include, but are not limited to: natural gas or propane lines, sprinkler lines, electronic dog fences, telephone wire, cable television, private electrical wiring such as landscape lighting, sprinkler control wiring, or any buried outdoor wiring.

When utilities are located by the appropriate contractor, private electric and gas lines will not be marked. This includes electrical lines extended to outdoor lighting, light poles, or hot tubs and gas lines extended to fireplaces, barbeques, grill or outdoor kitchens. JOE'S LANDSCAPE SERVICE Inc. does not assume responsibility for damage done to these types of lines.

Mark any privately installed utilities prior to digging. We will take reasonable precaution to avoid damage to these marked utilities, however pre-notification or marking utilities does not place damage liability on JOE'S LANDSCAPE SERVICE Inc.

950thomas
02-25-2011, 05:46 PM
U can buy a simple contract at officemax to get them to sign I have used them in court they will hold up my contracts say they will pay court cost if I take them to cort for breach of contract

Growing Green
02-25-2011, 10:45 PM
How about something like this? Remember to have your attorney check it before using.

Underground Utilities:

We cannot be liable for buried underground utilities and privately installed utility lines hidden from sight. JOE'S LANDSCAPE SERVICE Inc. does not assume responsibility for damage done to underground utilities while performing services. Underground utilities include, but are not limited to: natural gas or propane lines, sprinkler lines, electronic dog fences, telephone wire, cable television, private electrical wiring such as landscape lighting, sprinkler control wiring, or any buried outdoor wiring.

When utilities are located by the appropriate contractor, private electric and gas lines will not be marked. This includes electrical lines extended to outdoor lighting, light poles, or hot tubs and gas lines extended to fireplaces, barbeques, grill or outdoor kitchens. JOE'S LANDSCAPE SERVICE Inc. does not assume responsibility for damage done to these types of lines.

Mark any privately installed utilities prior to digging. We will take reasonable precaution to avoid damage to these marked utilities, however pre-notification or marking utilities does not place damage liability on JOE'S LANDSCAPE SERVICE Inc.

Perfect Steve! Thanks!

Steve
02-27-2011, 08:18 PM
Keep us posted on how all that works out for you.