New here - Clearing the pine trees on our land, is this contract fair?

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myusername

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Hello and good morning,

I am new here, so thank you for your patience and support and help.

My family, including me, owns about 12 acres of land, with our house, in the north Houston, TX area.

The property has several pine trees that have been there for years or decades, some of which are close to the house.

I would say that in total, the property has about ~400-500 trees of varying diameter, all of them are tall, 50 ft or more.

I have looked around for loggers to cut the trees and buy the lumber. There aren't that many willing to come here, because we are semi-urban, so their distance to the saw mills can be long.

About a year ago one quote that I received was $10/ton for 8/10,$15 a ton on 12 and up and $2/ton on pulpwood. That was a year ago, and I did not proceed due to several episodes of rain last year.

I have reached out to the local forestry resources, but the most I have got from them is information on best practices, etc. I could hire a forest consultant as a resource, but many of them live further out.

Now, another logger who is keen to do the work, is proposing:

a) That he cut the lumber

b) He would pile us the branches and debris (that is large enough to be grabbed or moved by his machines) into several piles, that I can later dispose of, burn, etc.

c) He will not pay us anything for the lumber, but rather, do the clean up as discussed above

d) That he has a period of 6 months to clear the land. He feels it will take about 2 weeks, but wants a contingency for 6 months.

My family and I want to clear the trees, so we can use the land for pasture, planting fruit trees etc. We are very new to this, so any and all advice is very welcome.

thank you kind people
 
Did they give you an estimate about how many tons of material you have in each class (small saw logs, large saw logs, and pulp)? What were they doing with the debris? Most logging crews either leave it in the woods where they cut the top off of the tree or they drag out whole trees, limb it on the landing and drag slash back into the woods. Cleanup may be worth a fair amount.

How many of those 400-500 trees are you selling? Who gets to pick which ones are available for logging? Are you going to be happy with what he leaves behind? Often times when I visit a sale marked by a logger, it is not so much what they are taking (sometimes it is...they want to strip anything of value...), but it is often what is being left behind that I don't like. If they are taking out all of the strongest trees and leaving a bunch of half-dead spindly junk, they may be causing you more of a mess in the long-term than they are cleaning up today.

Are you allowed to burn the piles?

Without knowing Texas law specifically, I think you want him paying you something...even if it is a dollar. It changes the relationship - and that could make a HUGE difference if there is an accident.

I think a 6 month contract is fair. If he signs today and it starts to rain in 10 days, you don't want him in there mudding around, tearing things up...

How badly do you want the work done? you can't find anybody else to do it, and this guy has a plan to make it happen. Is that OK with you?

Bottom line: a lot of things that you don't know and he does. I'd hire a forester... you are at a zero net-gain now. I can't imagine it going too far the other way. Tell the forester up front, you might be willing to give up a couple of hundred to make sure you aren't stuck in a nightmare, but think there is a small profit to be made after paying their commission.
 
Did they give you an estimate about how many tons of material you have in each class (small saw logs, large saw logs, and pulp)? What were they doing with the debris? Most logging crews either leave it in the woods where they cut the top off of the tree or they drag out whole trees, limb it on the landing and drag slash back into the woods. Cleanup may be worth a fair amount.

How many of those 400-500 trees are you selling? Who gets to pick which ones are available for logging? Are you going to be happy with what he leaves behind? Often times when I visit a sale marked by a logger, it is not so much what they are taking (sometimes it is...they want to strip anything of value...), but it is often what is being left behind that I don't like. If they are taking out all of the strongest trees and leaving a bunch of half-dead spindly junk, they may be causing you more of a mess in the long-term than they are cleaning up today.

Are you allowed to burn the piles?

Without knowing Texas law specifically, I think you want him paying you something...even if it is a dollar. It changes the relationship - and that could make a HUGE difference if there is an accident.

I think a 6 month contract is fair. If he signs today and it starts to rain in 10 days, you don't want him in there mudding around, tearing things up...

How badly do you want the work done? you can't find anybody else to do it, and this guy has a plan to make it happen. Is that OK with you?

Bottom line: a lot of things that you don't know and he does. I'd hire a forester... you are at a zero net-gain now. I can't imagine it going too far the other way. Tell the forester up front, you might be willing to give up a couple of hundred to make sure you aren't stuck in a nightmare, but think there is a small profit to be made after paying their commission.
Very well thought out response. I could not have articulated this any better myself.
 
Cleanup on 10 actes would take maybe 3 days less if it was done as work progressed

Not knowing what your markets are like but going off the previous bid

Yer gettin swindled

Stacking the brush is just part of logging doesn't cost extra, unless its super low grade wood and super far from a mill you should fet something for it
 
My thoughts the same as the previous reply's. You shouldn't be going empty handed by any means. That guy that's doing the work is only responsible for the cleanup to some regard. Whether it be stacking it or removing it, the man is responsible for it because he's the one cutting it. I've seen a situation similar go down and turn into a nightmare on the part of the landowner and the guy doing the work getting off without a problem. No matter the situation, I highly advise getting a Foresters professional Outlook and advice as well as checking with your local regulations and state laws and never forget and make sure everything is on paper and sign to cover your back there are too many dishonest Crooks in the line of work and it disgusts me to no end. Not saying that's what's going to happen but just my thoughts on it.
Best of luck.
 
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