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Do I need to secure a release of liability for demolition?

Do I need to secure a release of liability for demolition?

Q: Why is a release of liability important during construction?

A release of liability is important during construction because it helps protect the party undertaking the work from potential legal claims. It ensures that the other parties involved acknowledge the risks and agree not to pursue legal action for damages or injuries that may arise from the project.

Q: Can a release of liability be enforced in court?

Yes, a release of liability can be enforced in court if it is properly drafted and signed by both parties. Courts generally uphold these agreements as long as they are clear, voluntary, and not against public policy. However, specific circumstances may affect enforceability.

Q: What are the risks of not having a release of liability?

Not having a release of liability can expose the owner to legal claims for damages or injuries that occur during the demolition and construction process. Without this protection, the owner may face lawsuits from the neighboring property owner for any destruction or harm caused by the work.

Full question:

I am the manager of an apartment building. The owner has asked me to secure a release of liability from the owner of the neighboring apartment building who has refused to participate in the the demolition of the fence and plant matter that has grown between the vertical slats and horizontal stringers of the fence so the fence has become so distorted that no posts or slats are 90 degrees any more. The owner of my building is going to proceed with demolition and construction of a new fence, but it means destroying the hedge of vines and plants from the neighbor's property. The owner of my building wants to protect himself from any liability. What should we do?

Category: Real Property
Date: 04/07/2025
State: California

Answer:

We cannot give legal advice, and are not forming an attorney-client relationship with you. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.

We believe the owner is correct. You should secure the signature of the owner of the adjacent property, on a release of liability. Your company would agree to pay for the construction of the new fence, and demolition of the old. In return, the other company would agree to allow reasonable access to their property in order to undertake the demolition and construction, and release your company from any liability associated with the project.

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.

FAQs

What is a release of liability?

A release of liability is a legal document in which one party agrees to relinquish their right to hold another party responsible for certain actions or damages. In this context, it would protect the owner of the apartment building from claims related to the demolition and construction work by having the neighboring property owner agree not to sue for any resulting issues.

Why is a release of liability important during construction?

What should be included in a release of liability agreement?

A release of liability agreement should include the names of the parties involved, a clear description of the work being done, a statement releasing one party from liability, and any terms regarding access to property. It should also specify that the neighboring property owner acknowledges the risks involved in the demolition and construction.