West of Chicago wrote: ↑Wed May 06, 2020 11:53 am
Helo80 wrote: ↑Wed May 06, 2020 11:21 am
I still laugh at this statement, " I am giving my permission to the (CONTRACTOR) team and crews to access my property for installation of the proposed work. It will remain my responsibility to provide a safe work area for the workers until the work is complete. "
Basically, if one of their workers is injured on your side of the property line, they can certainly try to hold OP liable from the way that's worded.
IANAL, but that statement is damning in my book.
I can only imagine the reaction of the knucklehead contractor behind this if he/she were asked to sign this for their own property.
And this is the main reason we will probably say no to access. We don't want to deal with legal review, insurance certificates, etc. for something that provides zero benefit for us.
I did touch base with our insurance agent when I received the document. He basically replied with the amounts of our coverage and a recommendation to consult a lawyer before signing anything.
We read the whole agreement to friends on a Zoom happy hour yesterday because everyone needed a good laugh.
Update to keep the thread on track:
Porta potty showed up sometime early this morning. Thankfully in front of their house and not on our patio! It also looks like they can fit both cars in their driveway behind the dumpster, which is also good.
My new security camera arrives tomorrow. I have a roll of fencing, some posts and a post driver in the garage.
WoC: *PLEASE* discuss this with your attorney (or *some* attorney).
It may come to pass that it would have been important to have given the neighbors and contractor/subcontractors a formal notification that they do NOT have any access permission. An ounce of prevention, etc.
It would be dreadful if after all of this thinking and also your fencing/etc., something "happened", and then they made a claim that you never denied them permission, or even that you actually DID "tell them" (they said/you said).
That could be a nightmare to litigate, if only to protect yourselves against "their" claim(s).
One doesn't need to have done anything "wrong" to get sued, but if one IS sued, then one could have quite an onerous burden to defend against any claim.
Be a bit pro-active, to avoid that. It would be a modest amount very well spent.
You still can't stop a lawsuit, but you will have considerably more protection; they would be much less likely to sue (annoyance suit or very serious) if you have signed confirmation (signature required/return receipt, etc.) via mail.
Your attorney can advise how to make sure that all subcontractors are notified, since you may not have a way to know in advance who they are.
A basic issue here (but not a necessary issue for above advice) is that "they" (contractor and maybe neighbor) clearly aren't "easy to deal with"... quite the opposite.
You'll sleep better at night during the construction, and for a while thereafter, too.
This signature is a placebo. You are in the control group.