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Managing your timber sale: Being sure you get paid as promised

Managing your timber sale: Being sure you get paid as promised. Ann Forest Burns, CF Bruce H. Williams Burns & Williams, Lawyers Seattle, WA January 31, 2004. Know what to expect. How will you be paid Who will pay you How soon will you be paid. Written Contract Basics.

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Managing your timber sale: Being sure you get paid as promised

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  1. Managing your timber sale:Being sure you get paid as promised Ann Forest Burns, CF Bruce H. Williams Burns & Williams, Lawyers Seattle, WA January 31, 2004

  2. Know what to expect • How will you be paid • Who will pay you • How soon will you be paid

  3. Written Contract Basics • Name and address of parties • Legal description of property to be harvested • Term of contract • Identify other parties involved in harvest • Representations and warranties / indemnification • Title, risk of loss, assignment • Compensation • Taxes and other costs • Purchaser / Contractor operations • Post harvest obligations / clean-up • Penalties / venue / arbitration • Performance security / insurance • Exhibits • Signatures

  4. Before signing the contract • Know who you’re dealing with • Check references • Talk to other landowners • WFFA

  5. Include in the contract • Reporting frequency • Documents to be included in reports • Who is responsible for supplying documents • Where do checks come from / how soon • Mill split • Consultant’s trust account • Logging professional

  6. During harvest • Stay in touch • Consulting forester • Logging professional • Know where your logs are going • Log buyer • Read the reports • Compare the numbers • Cash the checks

  7. Signs of trouble • Rumors of bankruptcy • Slow payments • Excuses • Reports that don’t add up • Phone calls that aren’t returned

  8. Forestry liens • Loggers liens • Those who perform work of turning timber into logs, getting them to point of sale • Includes “scalers, and bull cooks, and cooks, flunkeys and waiters in lumber camps” • Stumpage liens • Landowner who allows another to go on property and cut or remove timber

  9. Stumpage liens • Filed within 60 days of completion of work

  10. Stumpage liens • Filed within 60 days of completion of work • Contents spelled out in statute • Handout

  11. Stumpage liens • Filed within 60 days of completion of work • Contents spelled out in statute • Recorded in county where logs were cut • Provide notice to logger, all purchasers

  12. Stumpage liens • Filed within 60 days of completion of work • Contents spelled out in statute • Recorded in county where logs were cut • Enforced by lawsuit filed within eight months

  13. Stumpage liens • Filed within 60 days of completion of work • Contents spelled out in statute • Recorded in county where logs were cut • Enforced by lawsuit filed within eight months • Follows products cut from logs

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