Full question:
We are hiring a contractor who has no insurance to work on our roof. We have no homeowner's insurance. The contractor has agreed to sign a waiver to protect us in case of an accident while he is working on our house. Will this protect us in the event that he is hurt on the job? Please explain what should be included in the waiver.
- Category: Contracts
- Date:
- State: National
Answer:
I am prohibited from giving legal advice on how to draft a document. Please see the forms at the link below for sample language. Generally, a valid waiver for injury has the following characteristics:
- Both parties have agreed to and understand terms of the form. - There are no discrepancies about the meaning of the forms; they should be clear and concise. - It is in writing and signed by the parties. - The parties’ intent to "waive negligence" is clearly and expressly stated in the agreement -The form boldly and clearly states that it is a Waiver and Release of Liability. -The statement of waiver and release must directly follow the heading listed above. -Since the waiver is a contract, there must be consideration, such as “In consideration for the right to perform work on the homeowner's property". - All parties, such as subcontractors, invitees, etc. are covered - The parties were sufficiently informed about the potential risks in order to permit a "knowing" waiver of those risks and attendant liabilities
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
