We were suddenly required by our construction manager to arrange for a second crane. This is a 100-ton crane to be used as an auxiliary crane. In connection with this, we are asked to sign a liability waiver in favor of the crane company for any potential compression damage to the masonry wall of the immediate neighbor’s property as well as the neighboring building, and also for any compression damage to the sidewalk.
We consider this approach completely unprofessional, as the “experts” should be able to assess the maximum possible loads to prevent any damage. For unforeseeable damages, their liability insurance should cover the costs—after all, crane operations are their specialty. Why should we take on such incalculable risks? Our builder’s liability insurance does not cover this type of damage, nor is it insurable elsewhere. Does anyone know of an insurance that would cover this?
Has anyone had experience with heavy construction equipment and liability waivers? Is this procedure a) legal and b) common practice?
We consider this approach completely unprofessional, as the “experts” should be able to assess the maximum possible loads to prevent any damage. For unforeseeable damages, their liability insurance should cover the costs—after all, crane operations are their specialty. Why should we take on such incalculable risks? Our builder’s liability insurance does not cover this type of damage, nor is it insurable elsewhere. Does anyone know of an insurance that would cover this?
Has anyone had experience with heavy construction equipment and liability waivers? Is this procedure a) legal and b) common practice?
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andreashm11 Apr 2018 12:52Which prefab house provider is this? Feel free to send me a private message, as we are also considering choosing a prefab house.
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Traumfaenger24 Apr 2018 23:32Update:
At first, it was difficult to obtain alternative quotes in the limited provider market for such large cranes (they are all interconnected). However, we actually found a crane company in Bornheim that a) operates NATIONWIDE with multiple locations and owns mobile cranes up to 500 tons, and b) was willing to provide us with a quote without fear of losing orders from prefabricated house manufacturers.
On top of that, this company turned out to be a real stroke of luck because:
a) Extremely customer-oriented and flexible sales team, easily reachable and reliable in returning calls and providing answers
b) Full liability coverage by the crane rental company (unlike the crane company of the prefabricated house supplier)
c) Weather-related risk coverage allowing cancellation up to one day before the appointment (whereas other terms would require full payment for the crane)
d) Approximately 2,500 EUR (about 2,700 USD) cheaper than the prefabricated house company’s offer, with the same scope and services
And you won’t believe it—the dispatcher even proactively suggested ways to
a) Avoid blocking about 10 driveways and garages of neighbors for three days due to a full road closure (which was the plan of the crane rental company used by the prefabricated house supplier). Now, despite the full road closure, everyone can still access their property, driveway, or garage, which greatly benefits neighborhood relations;
b) Save an entire crane day for the large crane and thus significantly reduce costs (in addition to the above-mentioned 2,500 EUR savings);
So, just to be clear: They are so honest and accommodating that they propose alternatives for time- and cost-efficient crane use themselves. *Pinch me* … Unbelievable, right?
So far: Great service, easily reachable sales and field staff, all appointments including official procedures have been kept and permits were obtained despite tight scheduling. We received many helpful tips, and the people there think along and assist wherever they can. In 2018, after ten years of a construction boom in Germany, this is truly remarkable…
At first, it was difficult to obtain alternative quotes in the limited provider market for such large cranes (they are all interconnected). However, we actually found a crane company in Bornheim that a) operates NATIONWIDE with multiple locations and owns mobile cranes up to 500 tons, and b) was willing to provide us with a quote without fear of losing orders from prefabricated house manufacturers.
On top of that, this company turned out to be a real stroke of luck because:
a) Extremely customer-oriented and flexible sales team, easily reachable and reliable in returning calls and providing answers
b) Full liability coverage by the crane rental company (unlike the crane company of the prefabricated house supplier)
c) Weather-related risk coverage allowing cancellation up to one day before the appointment (whereas other terms would require full payment for the crane)
d) Approximately 2,500 EUR (about 2,700 USD) cheaper than the prefabricated house company’s offer, with the same scope and services
And you won’t believe it—the dispatcher even proactively suggested ways to
a) Avoid blocking about 10 driveways and garages of neighbors for three days due to a full road closure (which was the plan of the crane rental company used by the prefabricated house supplier). Now, despite the full road closure, everyone can still access their property, driveway, or garage, which greatly benefits neighborhood relations;
b) Save an entire crane day for the large crane and thus significantly reduce costs (in addition to the above-mentioned 2,500 EUR savings);
So, just to be clear: They are so honest and accommodating that they propose alternatives for time- and cost-efficient crane use themselves. *Pinch me* … Unbelievable, right?
So far: Great service, easily reachable sales and field staff, all appointments including official procedures have been kept and permits were obtained despite tight scheduling. We received many helpful tips, and the people there think along and assist wherever they can. In 2018, after ten years of a construction boom in Germany, this is truly remarkable…
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HilfeHilfe25 Apr 2018 07:16Can you simply change the crane provider like that?
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Traumfaenger28 Apr 2018 20:23HilfeHilfe schrieb:
Can you just switch crane providers like that?If option A is: personal liability for sidewalks, roads, and neighboring buildings from crane work done by a third party (who then effectively gets a clean slate), and
option B: the crane company takes full responsibility for their operation and is also 3,000 EUR (about 3,200 USD) cheaper...
then I would have been willing to take the risk of a legal dispute. I’m not a lawyer, but I find it hard to believe that a company can force me to accept both a more expensive provider and especially the personal liability for any consequences of their work.
Fortunately, we were able to reach an agreement with our house builder quite quickly. Probably also because, after a long and difficult history with them, we are both conflict-hardened and, by now, neither side wants to keep going through these constant disputes.
But for everyone else: The prefab house supplier said they always handle liability like that and that it’s not a problem for other builders... Well then..., maybe they just don’t read everything in the fine print 🙂
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Traumfaenger9 May 2018 18:59To wrap up this thread: all’s well that ends well. Everything went perfectly; the crane company we brought ourselves did an excellent job and even finished a day earlier than planned. Everyone is satisfied—the house builder, the neighbors because the disruption caused by the cranes was kept to a minimum, and of course the homeowners, who paid less than expected and were relieved of liability. Excellent work—these are the kind of service providers we would love to see more of on construction sites.
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