Demo Waiver for Collateral damage (hydro Breaker)

norrodb · #1 (**permalink**) 05-04-2006, 07:27 AM

Hi Folks, new to the forum.

I had asked this question over on Heavy Equipment Forum, and was directedt to this site.

I am a small operator and do concrete tearout once in a while. But this year seems a lot of demo jobs coming my way. A couple are residential driveyway & patios.

Anyone have customers sign a waiver to hold you blameless for any Collateral damage caused by using a hydraulic breaker for concrete demolition?

You know, bust up a patio slab, garage floor, and the woman's china collection cracks, or the plaster in the house cracks, ...etc

Would an executed waiver hold up to hold you blameless as long as you used the breaker appropriately?

I also just won a large shop floor tearout, and would like to protect myself in the event the block walls develop a crack or something along those lines.

I know anyone sues for the smallest things, but figure this might help make the customer realize there is inherent potential with shock waves running through the building.

Anyone have any sample clauses?

Thanks,
Brent
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demobud · #2 (**permalink**) 05-04-2006, 10:11 AM

Hi norrodb,
It's been my experience that homeowners will get litigious regardless of waivers. It also depends on your local laws. I would pose this to an attorney that you trust to determine the binding worth of a waiver. That being said, I would go ahead and put one in your contract and see how it is reacted to.
I don't have one in my standard contract, but will note in contracts if conditions warrant extra notice (ie: party walls or adjacent structures) and I make sure my insurance is paid.

norrodb · #3 (**permalink**) 05-04-2006, 11:01 AM

Thanks demobud,

And big 10-4 on the paid insurance

**James** · #4 (**permalink**) 05-05-2006, 09:34 AM

Welcome to the forum!

I was going to pretty much state what demobud had to say. The biggest is to make sure you insurance is paid up to date.

It seems now-a-days that homeowners are looking to find any excuse to "sue" someone. You just have to be one step ahead of them and cover yourself first.