Well Contract

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Navi

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Hi There,
We are about to enter into a contract to have a new well drilled and, after reading the contract I'm wondering if this is a standard type of contract that well drillers have people sign.

The following are the items I am wondering about:
The Purchaser:6. Hereby agrees that during well construction activities should a flowing well situation occur, all costs incurred to attempt to bring the well under control or damage to any property as a result of discharge from said flowing well, will be the sole responsibility of the Owner.
7. All towing charges are Purchaser's responsibility, including damages as a result thereof to contractor's vehicles.

Should the contractor not have insurance to cover these things?

Thanks for any help you can give me with this.
 

hj

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#6 is to cover the costs of capping an artesian well, and there is no way to predict either the possibility of tapping into one, or the costs of capping it in advance.
#7? What could YOU do that would incapacitate his vehicle? Most towing contracts do not cover off road retrieval, but I would suspect that would be his problem if he got stuck.

You are probably stuck with #6 but it would be a rare occassion if it happened. I would question #7, since it is open ended as to costs and could reimburse him for his own carelessness.
 

Navi

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Thanks very much for the info. I have clarifed the issue with regard to item 7 and the driller has advised me that the clause is specifically meant for their clients that have them drilling on 45 degree angles our in more precarious areas, however, so as not to forget it, they just had it added to all of their contracts. They have confirmed that, since our land is flat and the area is open with no hidden obtacles, there should be no issue and that they do have insurance if the driver was somehow negliegent so I have signed the contract and faxed it back.

Thanks again for your help. This is a great board!!:)
 
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