Score!!!! (update 01/01/12)

[SolarAndWood]

It’s getting complicated…would you agree to the following?

That sucks...maybe they would go for just a release?

 

[smokinj]

Well, it looks like this might not work out. I got an email from them today.



"Steve,

It’s getting complicated…would you agree to the following?

“Obtain confirmation that the Rosenthal JCC is included as additional insured under the neighbor's homeowners policy liability coverage and have the neighbor sign a short indemnification agreementâ€

We are waiting for the wording on the indemnification agreement. "

I guess I am "the neighbor". I told him that I'll look at the agreement and work from there. I have a friend who is a wood burner and attorney. Maybe I'll ask him to look it over for me. I don't think my homeowners insurance company will be interested in this.

I missed this post the longer you strech on making something work the quicker you should run the other way...Atleast on free wood.

 

[SolarAndWood]

Jay, come to NY and see what we deal with. The tree guys I get wood from won't even let me start a saw on their jobs.

 

[Archie]

A lose-lose situation. Hooray for lawyers and citizens who sue at the drop of a hat.

 

[Flatbedford]

I'll see what they want, but at this point I am assuming that it isn't gonna happen. I might have enough free Black Locust coming that I won't need this anyway. The Locust will be ready next winter, this stuff would need two summers.

 

[Whitepine2]

Dammed lawyers and insurance Co. no better this is what our country is come just crap. Well let the camp get the pro's to do the job may-be you can get the wood from them might be that they did you a favor who knows.

 

[smokinj]

Jay, come to NY and see what we deal with. The tree guys I get wood from won't even let me start a saw on their jobs.

LOL Darn sure glad I do not live out east! People just want wood move here before it damages something. I was offerd a white oak the other day 40+ incher for 500.00 they said they called all the mills and they could not handle it! lmao It will be another clasic city boy moving around his 500.00 tree for a couple years. Until he forks out 500.00 to move it. Going to take at least a 460 and 16-20hrs just to get it out of there. (this does not happen offten) But darn sure funny when it does. Bet hes from out east somewhere! j/k

 

[mywaynow]

I always offer a liability waiver to the property owner. It is just right. The insurance issue, the way my father, an agent of 30 years explained it is that as long as you are not paying to be there, or being paid to be there, you are a guest and your homeowner's would cover you. They won't issue a statement to that effect, but that is the fact.

 

[smokinj]

I always offer a liability waiver to the property owner. It is just right. The insurance issue, the way my father, an agent of 30 years explained it is that as long as you are not paying to be there, or being paid to be there, you are a guest and your homeowner's would cover you. They won't issue a statement to that effect, but that is the fact.

Just feather the trigger a little bit! lol it'll be alright.....

 

[SolarAndWood]

as you are not paying to be there, or being paid to be there, you are a guest and your homeowner's would cover you. They won't issue a statement to that effect, but that is the fact.

So, I drop someone's tree on their house or worse and my homeowner's covers me when they sue me?

 

[Thistle]

About 10 yrs ago 2 houses north of me on busy main street there was a huge Mulberry (4ft diameter easy) and 50ft tall plus on the grassy strip next to the street.One of the biggest I remember seeing anywhere.It had a large 3ft 'onion' burl on street side,about 10ft up over the street.City was in process of resurfacing the street,tearing out concrete curbs & replacing everything.That tree had some damage in upper branches & was being removed by public works forestry workers.I really wanted that burl (wish I asked for the wood too now,looking back lol).

When I introduced myself,turns out Forestry chief (and crew boss) knew my older sis in high school,he told me 'normally we dont let 'private citizens' take OUR wood or use a saw,even their own blah blah because of Liability laws.." I told him point blank -'thanks for trusting me,but in all honesty I probably have more experience felling/bucking trees than any of your crew here right now. ;-) " So back I went to my shed,came walking up the sidewalk with my bigass Poulan w/ the 36" bar. The burl was left attached to 1 chunk about 4ft long,laying on the grass.I sliced it off clean,took the remainder home in my wheelbarrow.

They all smiled & 1 told me "Have fun,we'll just stand here & watch" So it turned out OK.I had better luck next time in a smaller town,much less bureaucracy to deal with

 

[mywaynow]

So, I drop someone's tree on their house or worse and my homeowner's covers me when they sue me?[/quote]

No, your missing the point entirely. Your objective as a guest should be to absolve the property owner of responsibility for your well being. If you cause damage on their property, that is your mistake and your responsibility. You would need a separate liability policy for that, or perhaps an umbrella policy. Consult your agent on that one. If you put your saw through your leg, that is also your responsiblity, if the property owner covers themselves by having your sign off on a waiver. If your not willing to do that, good luck getting a property owner to help you out.

 

[smokinj]

About 10 yrs ago 2 houses north of me on busy main street there was a huge Mulberry (4ft diameter easy) and 50ft tall plus on the grassy strip next to the street.One of the biggest I remember seeing anywhere.It had a large 3ft 'onion' burl on street side,about 10ft up over the street.City was in process of resurfacing the street,tearing out concrete curbs & replacing everything.That tree had some damage in upper branches & was being removed by public works forestry workers.I really wanted that burl (wish I asked for the wood too now,looking back lol).

When I introduced myself,turns out Forestry chief (and crew boss) knew my older sis in high school,he told me 'normally we dont let 'private citizens' take OUR wood or use a saw,even their own blah blah because of Liability laws.." I told him point blank -'thanks for trusting me,but in all honesty I probably have more experience felling/bucking trees than any of your crew here right now. ;-) " So back I went to my shed,came walking up the sidewalk with my bigass Poulan w/ the 36" bar. The burl was left attached to 1 chunk about 4ft long,laying on the grass.I sliced it off clean,took the remainder home in my wheelbarrow.

They all smiled & 1 told me "Have fun,we'll just stand here & watch" So it turned out OK.I had better luck next time in a smaller town,much less bureaucracy to deal with

I have work for most the tree companys around here. I will take my chances over most of them.

 

[SolarAndWood]

No, your missing the point entirely.

The only thing I am missing is what my homeowner's is going to cover on someone else's property?

your homeowner's would cover you. They won't issue a statement to that effect, but that is the fact.

 

[Flatbedford]

I always offer a liability waiver to the property owner. It is just right. The insurance issue, the way my father, an agent of 30 years explained it is that as long as you are not paying to be there, or being paid to be there, you are a guest and your homeowner's would cover you. They won't issue a statement to that effect, but that is the fact.

I'm not quite following this either. Cover me for what?

 

[smokinj]

as you are not paying to be there, or being paid to be there, you are a guest and your homeowner's would cover you. They won't issue a statement to that effect, but that is the fact.

So, I drop someone's tree on their house or worse and my homeowner's covers me when they sue me?

If you are not being paid it is on the homeowner. If you are being paid money trail its on you!

 

[SolarAndWood]

If you are being paid money trail its on you!

Yeah I got that part. I would also expect to be sued even if I wasn't being paid if I dropped someone's tree on their house. And likely lose.

 

[Archie]

This is interesting discussion and good points being made, but if memory serves, the trees are already felled and in no danger of falling on someone's house.

 

[smokinj]

This is interesting discussion and good points being made, but if memory serves, the trees are already felled and in no danger of falling on someone's house.

lol Just got to feather the trigger a bit!

 

[Flatbedford]

This is interesting discussion and good points being made, but if memory serves, the trees are already felled and in no danger of falling on someone's house.

Good point.

 

[SolarAndWood]

Good point.

Indeed. Hopefully a waiver plays for you.

 

[thewoodlands]

[quote author="Flatbedford nice size trees, hope it works out forD you.


Zap

 

[smokinj]

[quote author="Flatbedford nice size trees, hope it works out forD you.


Zap

Maybe a blessing here! lol that tree is going to kick more than a few @ss's!

 

[SolarAndWood]

Maybe a blessing here! lol that tree is going to kick more than a few @ss's!

lol, sign me up.

 

[thewoodlands]

[quote author="Flatbedford nice size trees, hope it works out forD you.


Zap

Maybe a blessing here! lol that tree is going to kick more than a few @ss's!

Can't be any worse then cutting on the side of some of the hills here, I'm with Solar and for some reason Smokin I think you wOOd like a shot at it with that 880. :coolgrin:


Zap