Responsibility clause on concrete trucks

Discussion in 'Legal Issues' started by kennyboi, 18th May, 2015.

  1. kennyboi

    kennyboi Member

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    I was looking for a garage builder and come across this contract with this interesting clause:

    "Once site access is granted for concrete trucks, the Purchaser bears all responsibility for any damage caused by the vehicles or excavation equipment. If access is not granted the Purchaser agrees to pay for a concrete pump."

    Does that mean they can literally demolish anything on my site, whether intentional or accidental, without any responsibilities if permission is granted for concrete truck access?
     
  2. Terry_w

    Terry_w Member

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    No it doesn't.
     
  3. Paul@PFI

    Paul@PFI Tax, SMSF & Planning

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    IMO it means
    1. that if you permit access on the day and they crack your concrete driveway / slab / paving / footpath, council kerb etc due to vehicle load weight then its your problem as you approved access;
    2. If you refuse access (for all the reason above) they retain the right to use a concrete pump and it will cost you more.

    These are normal clauses for concrete. Most quotes assume proximity is available for the truck to avoid barrows. The concrete truck charges to wait too. Same with excavators - Rock + spoil removal that isnt alongside the hole are all added extras
     
  4. Xenia IM

    Xenia IM Property Manager

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    It means that you have to make it safe and easy for the people working and allow them to just do their job in a safe environment where their trucks are not going to get damaged.

    They also want to go there once and finish the job, not back and fourth because they can't get access