Tree Removal Damage Liability

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Forums Repairs and maintenance Tree Removal Damage Liability

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  • #396048
    John
    Member

    One of the lot owners is engaging a contractor to remove a 20m high tree  from his yard. The pieces of trunk will be moved through an opening into the area where residents cars are parked  where they will be put in a trailer. The opening is a space about 1m x 1.5m and is common property and has a grille over it. As there is a risk of damage to common property caused by the tree removal, we wish to have the lot owner and/or contactor sign a form that any damage caused is their responsibility and not that of the owners corporation. Is there a precedent or form that we can give to the lot owner to complete before the removal occurs?

    #396117
    Amanda Farmer
    Expert

    Hi John,

    You may rest assured that as a matter of law, any damage caused to the common property during this process certainly will be the owner/contractor’s responsibility.  There is no need for a signed form making that so, but I appreciate you want to be clear with the owner.

    I don’t have a template for you, but a letter requesting:

    – description of the works

    – date and time of intended works

    – name, contact and licence details of contractor

    – insurance details of contractor (especially public liability)

    – confirmation (by signing and returning a copy of the letter) that the lot owner understands and agrees that the work is being carried out under the owner’s instruction and supervision, at the owner’s own risk, and any damage to lot or common property caused by the work is the responsibility of the lot owner.

    I also suggest taking photos of the relevant areas of the common property before the works commence, to avoid dispute later about whether or not any damage was pre-existing.

    Amanda.

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