landowner protection

[2stick]

What does the  landowner need before logging starts so in case of a accident I don't get sued.

[beenthere]

Maybe a copy of your liability insurance papers.

[2stick]

Maybe a copy of your liability insurance papers.
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I have liability , but why shoud i be responable

[jocco]

As a landowner make sure the logger has liaility,  possibly comp also, Check state laws. As a logger have liability.

[Norm]

I require current liability, workmen's comp and for Iowa they need to be bonded. And don't take their word for it require copies of all these.

[SwampDonkey]

When we rented land for farming we needed liability insurance in case there was an unforeseen accident that would cause damage to his equipment. Like when one of the forum members here lost his forwarder in a bog that was not identified. I don't think liability covers personal injuries, so the other guy needs some kind of Worker's Comp or health insurance for that. Up here, employers can contribute to Worker's Comp for benefits as well as his workers. If he has Workers Comp, he can't sue because of the laws in NB. When we do silviculture (brush saw work and planting) the landowner is always told he should have liability on. Most don't bother, but that's their business. Up here you can call in and verify workers comp (government) and liability (his insurer). And insurance companies require an annual premium on liability so some jack leg can't make one monthly payment and pull out.

[Ron Scott]

As Norm said, require the logger to have liability insurance, workmen's comp. and a performance bond. Be sure to obtain a copy of the certificate for each. It is also best to have the logger's insurance coinsure you in name during the period of the timber harvest.

[Gary_C]

There are also some duties that fall under your responsibility. Things like clearly marking your property lines or the sale boundary, identifing what trees are to be cut, providing space as required for landings and access, and especially identifing any special features or hazards on your property.

It would be a good idea to get some professional advice on the ground in your area like from the local DNR office, if you can. At least go pick their brain for help with local issues. Many times they will know or have a list of loggers in your area to deal with.

[2stick]

As Norm sad, require the logger to have liability insurance, workmen's comp. and a performance bond. Be sure to obtain a copy of the certificate for each. It is also best to have the logger's insurance coinsure you in name during the period of the timber harvest.
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Whats a performance bondquote]

[Ron Scott]

Also what Gary C said.

Note your responsibilities also as the landowner. Also have a good Timber Harvesting Contract spelling out all the terms of the timber sale.

A Performance Bond is a bond posted to insure good performance of the timber harvest. Any damages or violations of the contract may be collected from the performance bond. The logger may provide the bond through a bonding company or post a cash bond to be held in escrow for the particular timber sale. The bond is usually in an amount of 10% or so of the timber sale value depending upon the values that might be incurred for any timber damages, excessive erosion, field, facility, road, power line, survey monuments, hunting blinds, etc. potential damages.

Some may also want to post a "letter of credit", but these should only be accepted with caution from a verty reliable business operator.

It is always best to seek out the services of a professional forester to handle our timber sale needs. Especially if this is to be your first timber harvest.

[WDH]

The timber sale contract should spell out the liability terms.  It is a standard paragraph in good timber sale contracts.

[2stick]

Thankyou everybody for all the infor. it is very helpful
Since this is a large clearing job I'am there pushing out stumps ,brush and building the haul roads,I will meet with them each morning and have a talk so everyone can stay on the same page, there will be NO contract only a handshake and thats the way I want it. We agreed upon a price for the saw logs , bolts & pulp.
My main concern is as long as he shows proof of liability, workers comp. he can start working ?

[Gary_C]

It's a recipe for disaster, but only if something goes wrong. If not, I guess it will be OK if you want to take that risk.

[Norm]

I wouldn't trust my own grandmother to log for me without a contract. 

Why the emphasis on NO contract?

[2stick]

Please give me some examples what can happen without a contract, I don't want to become a wreck.

[Ron Scott]

Risky business without a contract defining the terms and specifics of the operation and how it is to be performed. Also as WDH said, the contract should have specific clauses addressing liability and the amounts required.

[2stick]

I don't what to be bound to a contract, we agreed to have a sale once a week , we scale the logs together, then the would be buyers scale & bid we both get checks before the logs leave , the bolts go to one buyer on a set price & the pulp has and open contract del. to the mill. Please give me some examples what could happen.

[Ron Scott]

It sounds like you have a partnership or subcontractor relationship for whatever you are doing. You seem to be directly involved in the operation and could be sued for any misunderstanding that may arise after the fact. Verbal agreements are often misunderstood and things happen that weren't planned for.

If you accept all responsibilities, then that's fine.

[2stick]

What can happen?, give me some examples

[SwampDonkey]

Anything imaginable. Some people know every angle and back door to explore to.