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rachael_fenich

Contractor Legal Language

4 years ago

Hey guys,

Reading through the contract for epoxy work in our garage and ensuring I’m covering my bases. Can anyone tell me if this is missing anything from a liability basis? I just emailed the contractor back to confirm if the people doing the work are employees or independent contractors and if they can confirm everyone is licensed, insured and provide proof of that before the work. I also asked if they have workers comp.

Anything else I need to watch out for?

Comments (4)

  • 4 years ago

    Yes, you need to watch out for random advice from non-lawyers you don't even know. Spend a few bucks and get a real attorney to look at it.

  • PRO
    4 years ago

    This is standard boilerplate contract language. I would't worry about it.

  • PRO
    4 years ago

    Whoever gave you this contract probably doesn't know what all that mumbo jumbo means himself, as Joe said "don't worry bout it", it's only a garage floor, make sure they are licensed, insured, do a good job and you have a warranty that the floor will not peel especially in the summertime.

    Good luck

  • 4 years ago

    My 2 cents...


    Sometimes I really love the advice to see an attorney, sometimes I don't. You really have to decide for yourself when it is worth it. As @Joseph Corlett, LLC noted it is a standard contract with a standard liability limitation clause. Moreover, they are unlikely to change it unless you represent a once in a lifetime job for them and there is a 95% chance that the next reputable company uses substantially the same contract. Assuming this not a 5,000 square foot garage where you house your collection of vintage Ferraris, your choices are likely accept the contract or decide to not epoxy your garage floor.


    However, as an internet stranger who is not your attorney let me say that courts have generally limited the enforceability of these clauses. You can disclaim the results, so it is fine for the company to say, "we will give it a shot but we can't guarantee it will look great." You can also generally disclaim any damage that was noted, so they can say "we can try it but it may damage X, and we will not be responsible for X if it is damaged." However, courts frown on them limiting liability from their negligence.


    These clauses serve two useful purposes. (1) They get consumers to accept smaller settlements as they believe that is all they can get, and (2) they usually require an attorney to overcome and that keeps down the frivolous claims.


    Good luck.