Release of liability

Discussion in 'Heavy Equipment & Pavement' started by icex, May 24, 2011.

  1. icex

    icex LawnSite Senior Member
    from WV
    Posts: 389

    I'm going to be doing some drain work for a rich guy here shortly. He's wanting part of a small hill dug off behind his house. I have advised him that digging on the hill can lead to a mudslide due to the heavy rain we've been getting all spring. I have advised him he must sign a release of liability before I start. I was just wondering if any of you all make clients sign a release of liability? I have a friend that is a lawyer that is drawing up the release of liability contract but it still puts me on edge because I heard the guys wife today for me to be "for-warned" about material cost and not doing the job. Since her remark of materials I made them order most of the material themselves except catch basins (which I'm ordering for them) and some tees I have for sale. My question is how many of you have made client sign something similar to a release of liability and have you had any problems after the job?
     
  2. icex

    icex LawnSite Senior Member
    from WV
    Posts: 389

    bump, anyone have a release of liability i could use? my lawyer is busy for the next month and said her staff could edit one if she had a example.
     
  3. White Gardens

    White Gardens LawnSite Fanatic
    Posts: 6,776

    Sounds like you need a new lawyer.
     
  4. icex

    icex LawnSite Senior Member
    from WV
    Posts: 389

    Well, shes actualy one of the best lawyers around, shes just booked up and won't be able to write me one for another month or so and I need it next weekend. Anyone have one I can go off of?
     
  5. Danny Boy

    Danny Boy LawnSite Senior Member
    Posts: 255

    Look long and hard at the job before you do it if you are getting lawyers before you start, If your professional opinion is that there is significant risk involved and possible property damage then is it worth it? How much profit it there, is it enough?
     
  6. icex

    icex LawnSite Senior Member
    from WV
    Posts: 389

    It's a realy simple job with drainage tile, the only thing is that he wants a small amount of the hill dug off and the possibility of a mud slide occuring is great because of all the rain we've had and he understands the risk.
     
  7. ranger230man

    ranger230man LawnSite Member
    Posts: 134

    Your Lawyer doesn't have a paralegal that can draft the release? the only other "got ya" I can think of is the project not being officially "engineered". I might would make sure that wording is put in the release as well - if not already included.

    On a side note, contracts are good, the owner can still sue for anything, you might be in the right but you'd still have to hire a lawyer, etc which can get $$$$$
     
  8. icex

    icex LawnSite Senior Member
    from WV
    Posts: 389


    She handles everything in her office except deeds and wills. I found one for a horseback riding company and modified it and am going to have them review it. It specificaly states that they can NOT sue for anything once the contract is signed, although I know they probaly can anyway.
     

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