landowner question re:post logging cleanup

Joseph Zorzin redoak at forestmeister.com
Thu Aug 6 06:03:04 EST 1998


Ron Wenrich wrote:

> Get on your consultants back.  I'm sure he has already been paid, however,
> his job isn't over until your contract with the logger is over.  Give them a
> deadline, if necessary, to get the grading finished.  Tell the consultant
> that either the logger finishes the grading or you will get someone to do
> the grading and the bill will be sent to the consultant.  He has some
> obligation here, especially if he didn't get a bond from the loggers (sounds
> like he didn't).

But if the contract gave the logger 12 months, then there's nothing
anyone can do about forcing the issue. If the landowner hires someone to
clean up the job and sends the bill to the consultant, no judge will
force the consultant to pay for it; unless somehow the consultant failed
in his "fiduciary responsibility" to the landowner- like not collecting
a bond- but even that a judge wouldn't use against the consultant- if
the contract is legitimate but faulty (not as well written as should
have been) - then there's not much that can be done about. This is where
diplomacy is called for by leaning on people and implying their
reputations will be mud if they don't cooperate.



Joe



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