I do not have the URL but there is a board in California tht covers just about evry spect of doing business with a contractor. I was just surfing one night and found it. I believe I was searching for a “Notice of Non-Responsibility” and flund it. You might search google under califonria contractors association or something similar…it had lots of good protection forms and all the questions you should ask a contractor/builder BEFORE you sign the deal with him.
Posted by Brad Crouch on April 11, 2005 at 21:15:13:
Hi Everyone,
I’m looking for a waiver of Liability. I am having a non-licensed guy do
some work on my personal residence, and I want hin to sign a “Liability
Waiver” before he begins.
I used to have a document like this but after a computer replacement, I
somehow lost this document, along with a few others.
If anyone has this handy, I would sure appreciate it if you would e-mail
it to me . . . or post it here.
This is a quick answer without much thought, so beware.
Try a simple hold harmless agreement. It won’t do any good if he doesn’t have the assets, but maybe you could buy him an umbrella policy that would cover his actions.
Posted by Killer Joe on April 12, 2005 at 09:54:21:
Brad,
I agree with dealmaker on this one, save the paper and ink. Here’s why…although you may have used them in the past, many people think it will do the job, the reality is most of those have never been tested in a court of law.
There are already laws on the books in most states that supercede any such documents, rendering them null and void from the getgo. It’s a good bluff, but think about the scenario dealmaker painted and ask yourself if that little piece of paper is going to make any lawyer fold.
Here’s another form you can forget about… that ‘Independant Contractor’ form. Ask me how I know, OK I’ll tell you…(I’ve posted this before) Years ago, a partner and I hired 12 ‘IC,s’, made them all sign that goofy paper thinking it provided us some protection, and it did in our minds, that was until one of them got so POed with my partner they when to the EDD (Employment Development Dept) and complained. Bottom line, we got hit with a $17,000 bill from the EDD.
Here’s what goes on, the government vests certain rights in individuals regarding their doing work. Now when they do any work for you there is an unspoken (although written = LAW) agreement between that person and the government. You won’t know this til you test the waters, and then you’ll find out BIG TIME.
Posted by dealmaker on April 12, 2005 at 08:47:22:
Not worth the paper it’s printed on, IMO. I’m guessing you want him to absolve you in advance if he gets hurt, correct. Let’s say he gets injured, or worse, killed while working on your place. Hospital and or widow and orphans bring suit. He can’t waive for third parties.
BTW, I’m not a lawyer, I just know when to call one. In this case have the guy get a liability policy, and have the insurance writer fax it to you.
Posted by Brad Crouch on April 12, 2005 at 13:30:20:
Killer Joe,
Thanks for sharing your experience. I appreciate it! I guess we’ll have
to revert to the “old days” where a handshake was all that was required
for an agreement. Things were much simpler then. What happened?
Posted by Brad Crouch on April 12, 2005 at 13:36:13:
Dealmaker,
Thanks! See my post in reply to Killer Joe. This applies to you, too.
The problem with having this guy get a liability policy (even if for only
two days work), is that it would wind up costing me whatever it would
have cost if I had just contracted with a licensed person to begin with.
The whole idea here is to get the work done at about half the “normal”
cost.