Legal: Ordinances, Contracts, Liability, Medical

[Patrik Schumann]

Good day everyone,

I've started a seasonal forestry R&D operation in southern Catskills/ upper Delaware region, based around a 128-acre pine suppression/ hardwoods regeneration/ edible fungus inoculation project plus a small fruit/ nut/ berry/ edibles nursery.  

[R&D: research on HWs regeneration/ claw-back against white pine from successive high-grading, and development of subsistence/ edible forest interplanted with nut, fruit, perennials, fungus.  I'm also on a local community's Forest & Ecology Committee advising on 480a and other management of 1200 acres.  I'm starting an all species Chestnut Project in spring]

My 480a management plan qualified us for several years now of tax relief which has been funding my own work and savings towards capital equipment, plus this year for Common Waters funding for help with more heavy thinning, seeding, and fencing. I couldn't find any reliable source of black cherry seed, and nobody put in an affordable bid on fencing.

I've sub-contracted 40 ac of thinning to two regional foresters, one of whom is using a local logger who I just learned has no health insurance. When I previously contacted the adjacent rural Town Hall as a courtesy, to minimise disruption, collaborate on smooth & safe operations, avoid hazards, and to find out about seasonal road closure, their lawyer responded with a demand letter for a hold-harmless agreement.

Would any of you have guidance, references, or referrals on medical insurance, liability and insurance, legal relationship with local government, for non-commercial forestry operations?

Thanks kindly, Patrik Schumann

[Chaz U. Farly]

Where I am at, the local community college has a small business association that one can go to for help and direction on such matters. I would start there. If the "Local community" that your committee is a part of has a legal adviser he should also be a good resource. The communities insurance provider should also have a consultant available.

I am only guessing, but, The "medical" insurance is probably a reference to workman's comp. A standard requirement when hiring sub contractors.

Hope this is some help to you.

[Patrik Schumann]

Thanks Chaz,

I'll check with community college. We used to be a lumbering area 150 years ago, but there doesn't seem to be much experience around here any more. I had included medical insurance requirement alongside workman's comp in my contract terms, but sub-contracting forester said his sub-contracting logger doesn't have the former. These contracts will run their course by the end of Nov, so it'll be for the next ones now.

Patrik