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Protect self prior to hiring landscaper?

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squideast

Junior Member
What is the name of your state? I'm in Georgia...

I am looking to do substantial work on my residential property, and am curious about something. It seems like everyone I know is in a lawsuit at some point with a neighbor and a contractor, and I want to try to avoid this! (By subtantial work, I mean grading the entire lot ]a bit over an acre].)

I am not in a neighborhood (so no covenants, HOA, etc.). I have two neighbors behind me who are also not in a neighborhood. A creek separates my backyard from neighbor #1's side yard; that creek goes into a tunnel/pipe deal under his driveway, and several hundred feet over, empties into neighbor's #2's lake. I remember a few years back, neighbor #2 sued neighbor #1 for silt buildup in his lake due to the initial construction/landscaping of the home. This was a few years back, I don't know the final disposition, and the people who live in both of these homes today are not the same people who lived there during lawsuit hell.

My point is (finally!), I'm worried about going through a legal similar mess when I have this landscaping done.

Question #1 - I'm aware that I will have to get a permit from the county for "land disturbance". Who applies for this land disturbance permit - me or the contractor?

Question #2 - If there ends up being some resulting waterflow damage, silt back-up, whatever, to my neighbors, will I be liable or the contractor? Is there specific verbiage I should look for/ask when signing the contract for work - re: insurance details, etc...to help prevent possible legal nightmares?
 


HappyHusband

Senior Member
squideast said:
What is the name of your state? I'm in Georgia...

I am looking to do substantial work on my residential property, and am curious about something. It seems like everyone I know is in a lawsuit at some point with a neighbor and a contractor, and I want to try to avoid this! (By subtantial work, I mean grading the entire lot ]a bit over an acre].)

I am not in a neighborhood (so no covenants, HOA, etc.). I have two neighbors behind me who are also not in a neighborhood. A creek separates my backyard from neighbor #1's side yard; that creek goes into a tunnel/pipe deal under his driveway, and several hundred feet over, empties into neighbor's #2's lake. I remember a few years back, neighbor #2 sued neighbor #1 for silt buildup in his lake due to the initial construction/landscaping of the home. This was a few years back, I don't know the final disposition, and the people who live in both of these homes today are not the same people who lived there during lawsuit hell.

My point is (finally!), I'm worried about going through a legal similar mess when I have this landscaping done.

Question #1 - I'm aware that I will have to get a permit from the county for "land disturbance". Who applies for this land disturbance permit - me or the contractor?

Question #2 - If there ends up being some resulting waterflow damage, silt back-up, whatever, to my neighbors, will I be liable or the contractor? Is there specific verbiage I should look for/ask when signing the contract for work - re: insurance details, etc...to help prevent possible legal nightmares?
Question #1 - I'm aware that I will have to get a permit from the county for "land disturbance". Who applies for this land disturbance permit - me or the contractor?

You can do it, or you can pay the contractor to do it.


Question #2 - If there ends up being some resulting waterflow damage, silt back-up, whatever, to my neighbors, will I be liable or the contractor?

If the contractor does the work per plans, you will be liable. And if he doesn't do it per plans, you will still be liable, but then you can sue the contractor for not doing it per plans.


Is there specific verbiage I should look for/ask when signing the contract for work - re: insurance details, etc...to help prevent possible legal nightmares?

http://www.aia.org/docs_default

Final advice, go with a reputable, insured, and bonded contractor.
 

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