OT.....ATTN JohnT

John, a local lady (using the term lady lightly) ask me a doing some brush cutting work. Can you post on here a sample contract spelling out work to be done and liability and who is responsible. Keep in mind that brush cutter can throw things a good distance. I want her to understand that if a chunk of wood flies through her window I'm not going to be held responsible for it. I ask you to post it here because I'm not the only one who may do custom work and others may be able to use it too.

If you are not comfortable with that can you shoot me an email at rlkfam at yahoo?

Should also contain an hourly rate to include travel time! I hour minimum!

I've delt with this woman before and know what she can be like. I kept her drive plowed for a couple of years with a verbal understanding that I would plow it as time allowed. Told her most of the time it would be late afternoon at best. If I didn't have her drive plowed by 8AM she would call every half hour until I got there. Then when I got rid of the plow she tried claiming that I should be the one to find her someone else to clear her drive.

I wouldn't even consider it but I'm in need of a few extra bucks right now.

Thanks

Rick

Not a lawyer here, but if your tractor and mower does some kind of damage I would think you would be responsable. Do you have insurance. I broke a window last year, and cost 1,500 to relace. I paid 500 my insurance paid 1,000. Here a coule days ago a mower caused a big fire, and burned a large house to the ground. I wonder how that will work out for the tractor operator. It may be better if you don't do that job. Just my opinion. Stan

Stan thats the kind of response I was wanting. I really don't want to do it but with the FIL passing we have spent more and could use a little extra cash. We are not going to go broke without the job but is would put a little jingle in my jeans. Next month everything will be back to normal on the money end.

Kinda figure with her that if a cntract makes her responsible she will find someone else.

thanks

Rick

Just my .02 on dealing with people like that, a contract isn't going to help you out too much if something happens. In other words contract or no she can still get a lawyer, blame you, and ultimately cost you alot of money just to prove that you have a valid contract saying you are not responsible.

On the other hand, given her way of thinking on nothing but a handshake agreement, going through the trouble of getting her to sign a contract is really going to make her feel 'special'. The next time she want's you do do something for her and, you don't want to, in her eyes you'll then be "contractually obligated" to find her somone else to do it in your place. Think about the he!! she'll raise then......

Personally if it's not going to break the bank not to do it, and things are going to be back to normal in 30 days or so, I'd preffer to miss out on the jingle, a night out at the steak house, etc, etc just to avoid having to go to all the trouble of getting a cnotract and then having to put up with her if she does sign it.......But that's just my unsolicited .02.....

Find another job to do with less risk and pass on this one.

As yall know I try my best to help when I can with off the cuff and unresearched, yet stiill good conscience advice, but getting into drafting a contract over the net and addressing liability issues and other concerns about which Id have to ask a lot of questions is just not something I can help you with on here or e mail, sorry.

Besides it can be a two edge sword since a court construes a contract strongest AGAINST the party who prepared it and if a fact finder forms the opinion one party was taking advantage of another it can really hurt. Similar there are some instances if justified where liability might be waived (as a matter of contract) but thats a real tricky issue so one has to be careful otherwise the whole contract might be declared null and void.

Basically describe the services to be performed,,,,,,,,the price such as hourly or by acre or fixed and travel time etc,,,,,,,,,time frame in which work is to be performed,,,,,,,,,names and signatures etc etc BUTTTTTTTTTT if you wanna get into very specific liability issues (like throwing rocks etc you menmtioned) I suggest a local contract lawyers services. Expecations and local practice standards and all sorts of things a non lawyer isnt familiar with can jump out here to bite you. Sure, parties can freely "contract" terms such as operator NOT RESPONSIBLE FOR FLYING DEBRIS etc but if someone was injured to you better hope the contract was iron clad and NOT against your states public policy (remember they come down strongest AGAINST the one who prepared the contract).

PRACTICAL NOTE this is NOT something Id suggest for a non lawyer to prepare but if you hired one the cost would exceed any profit on the job so youyre sorta stuck. Of course anyone can scratch out their own contract at no cost (services,,price,,time frame,,not responsible if flying debris causes damage,,whose liable for what etc etc,,signatures and date) but again, I'm not getting into this over the net.

John T

OK thanks John. I kinda figured that the contract thing would make her think I was trying to rip her off (yoiu would have to know her) and she would go looking elsewhere for someone to do the work.

Rick

You having INSURANCE is the only answer,Rick.You can't have a contract making someone else responsible for your actions or damage done.

I agree, it will likely scare her off so you dont have to mess with her lol Those kind of bush hog jobs in an unknown field usually end up with you hitting a stump and trashing your gear box ggggggggrrrrrrrrrrrrrrrr

John T

I know what side the my mower throws things. I usually make a few extra passed to make sure things go out the right side on my mower. I have chains covering the opes sides, but a large rock will pass right by the chains. Just be carefull. I don't pass up many jobs my self. I let one go this year, because of the difficulty getting to the field. Steep hill right off of a street filled with cars. Stan

Years ago I did bush-hogging for a few dollars my brush-hog
has good heavy sides and not much can get though them but
you. Ever know so I wouldn't mow near anything that could be
damaged. These things are for field use not cleaning around
houses or buildings. Mine can take down a 3in. Tree and turn
it into mulch imagine what it can to other things.
Walt