Swimming Pool Indemnification

[Skywagon]

My neighbor wants to put in a pool.  In order to get the machines in their back yard, the pool people say they have to come up my driveway, take down my fence, and travel between fence and driveway.  That for sure means the fence goes, the grass goes, the landscaping goes, the sprinkler system goes, and a utility line will need to be moved.  They sent me the below to sign indemnifying them from damage.

I spent most of my life in tech doing contracts side by side with client and company lawyers.  I've never seen anything like this.  Have any of you who have had a pool put in seen a request like this.

 

Addendum Tracker: Customer getting access agreement with neighbor. They are aware that anything in path of access for machine can be damaged and Platinum not responsible (driveway, landscpaing, grass, sprinklers, curbs, utilities). Platinum responsible for any negligent damage (for example, running into home) Addendum Creator: Mark Addendum Reason: Change Requested By Customer

 

[szurszewski]

I’m confused. Are they proposing to remove and then repair/replace all that you mention (fence, landscaping, sprinkler system) in another part of the contract, and then this is to indemnify them against unplanned collateral damage?

[Skywagon]

They plan on taking down the fence.  They want to come up my driveway and through my yard with their machinery.  They do not want to repair the fence, the grass, the sprinkler, bushes, etc.  They want the neighbor who is getting the pool to responsible for any damage they create.  Just stupid.  The only reason I posted this is the knucklehead from the pool company said they never assume responsibility for any damage they create...it is the neighbors obligation.  Now I think my neighbors are good people, both Dr's....but you never know someone until you have a dispute.  I can see this going south, then having to sue the neighbor, and losing in court because they say you signed a hold harmless letter for the contractor.

 

I guess I could ask the neighbor for a contract for damages but that just seems stupid.  Pool company trying to skate.

[Hosstage]

Basically the neighbor is the general, the pool contractor is the sub, you need a written contract with the neighbor stating that they return your property to its original condition. Take a lot of pictures, document as much as you can, before, during, and after. Also, set a timeline for the repairs to be completed. "We"re working on getting someone here to fix it", or "My son and his friend will get to it" does not work. 

While a contract does not seem necessary with a good neighbor, it unfortunately is. It could be something as simple as a text, though not ideal, you asking that they will make it right when done, them responding yes. But some kind of written proof really makes the compensation process much easier, sets expectations, and keeps friendships.

The indemnity clause by the pool company, while clumsily written, does not absolve them of damage due to negligence or incompetance. Your contract with your neighbor should include a clause that they are responsible for ALL damage, including damage due to negligence on the part of the pool company. Let your neighbor sue the pool company for compensation.

[Rougarou]

First of all,.......you live to close to other people to allow that to be of any concern.

 

Second,.....if the company/neighbors won't leave your property equal to or better than what they took apart, nope, ain't happening.

 

Third, good fences and for me, plenty of distance make great neighbors.

 

One of my co-workers is still dealing with his neighbors in the courts for some work done on their house where the vendor had to remove fencing and trample his yard.  Also an ugh HOA thing involved with that dispute as well.  So much so, that he bought another house in FL, lives there 90% of the time and keeps his NC house to have a place to stay when he comes back here for work.

[9Mary7]

Your doctor neighbors need to get a better pool contractor..... 'cause that one would be a NO from me.

Low bid gets you that...... low bid 

[RandyShields]

Your choices are yes or no.  If you want to go with yes, get the money up front, plus a holdback. Estimate the costs of putting everything back to the way it was, add 10%-15% as a holdback.  They can then handle doing everything or you can, and they get the difference back for any amounts under the payment and holdback.

[RandyShields]

Oh, and don't sign the pool installer's agreement.  If they want indemnification protection, they can get it from your neighbor.