Waiver of Liability

[Celeste 341]

HELP!!!!!! We need a good, good waiver of liability for our big contractor to sign. It's been snowing here about every other day, temps try to get into the upper 30's and this guy wants the brick cleaned on one of the houses (we managed to get the other three during one of our balmy 41 degree days last weekend). So far, one guy in charge is getting it when we say the temps are NOT optimal for cleaning brick (and concrete??) but in the event that upper management gets very insistent, we want a very thick butt-cover. We don't want to refuse the work if it may cause us to lose this contract and he may say that he won't hold us responsible if the faces of the bricks blow off two days later, but I want it in writing - preferably signed in blood. If anyone has a waiver that they will share we will be eternally grateful.

Thanks for any and all help,

Roger & Celeste

[One Call Power Wash 500]

Go to the following link. This site will allow you to copy and then paste to your own word program. At this point, just make the appropriate changes to include your business name, address etc...

http://www.lectlaw.com/formb.htm

or you can go to the following site and pay $10.00 and they will make up any legal form that you may need.

http://www.lawdepot.com/index.php?ad=top

Hope this helps.

[Paul B. 523]

If you are cleaning with water only, you most likely will not damage the concrete or brick. However, you have another major problem besides possibly causing brick damage and that is your chemicals not working properly under 40F. You'll use more chemicals and it will take you much longer to get the job done. Some areas you may not even be able to clean to an acceptable appearance. Getting a waiver will only solve a small part of your problems. If your Super is pushing you beyond good work practices, you need to work above them, since your contract is with the builder and not the Super. Make sure THEY understand what your waiver is for as they may be more understanding and may help.

The waiver is always handy but it must be written in a way that satisfies your state's requirements. Usually, this requires a disclosure of the actual types of risk(s) (freeze/thaw damage to mortar joints and brick, efflorescence, acid burn, etc.). There are other necessary components for a waiver to be valid (depending on the state), so I wouldn't ever rely on a waiver that is simply copied out of a form book. This means attorneys fees, but since you are already working with a 40 page, long term contract, (which I assume you are reviewing that with an attorney) adding a waiver should cost you a small amount of its total value.

Even if you have a completely binding waiver that does not mean an injured party (homeowner) will not sue you in hopes of a settlement. Your waiver should include an arbitration clause. Your waiver should also award attorneys fees to the prevailing party. Both of these clauses are very typical in commercial contracts and should be completely standard boilerplate for any contracts attorney that you talk to. If your attorney acts like he does not know what you're talking about or if he tries to charge you more for the additional drafting find another attorney.

[Celeste 341]

Paul, I knew I could count on your wisdom - they backed off when we mentioned signing something and are leaving the temp decisions up to us now (thank goodness). The project manager told me that he was not used to what our company projects - his last p/w were two guys with a HD 1800 pull around machine. We did some flat work today with a surface cleaner and he was bug-eyed at that - it was quite funny.

I am going to print your information tho and add it to my wisdom book :)

Thanks,

Celeste

[Paul B. 523]

I'm glad it worked out for you.

(At least in my small world) most supers are nice people but they don't pay them a whole bunch of money - so they get what they pay for. Mostly they are schedule driven and in the reactionary mode. They don't always know the details of correct procedures, only results. Their bonus money comes from a % of the contingency funds they save.

Keep a waiver/exception sign-off on the backburner for down the road. They do come in handy and can save the rear.

We get the bug eyed look on the surface cleaners too. Most of our competitors can't afford one. They also use the HD P/W out of the back of the cap topped pick-ups.

[Ron Musgraves 240]

I could not read all of post, if you need one Fax me your number and i can send you about 2 or three different ones.. 480-963-7419 my fax.. dont post here becasue i might not check back