Indemnity and hold harmless clauses

Discussion in 'Bidding, Estimating and Pricing' started by Oxmow, Jun 13, 2019.

  1. Oxmow

    Oxmow LawnSite Bronze Member
    Messages: 1,091

    Have any of you run across these in doing proposals for either landscape jobs or maintenance for commercials?

    Basically a clause that they put in their contract language that holds them harmless even if something is caused by them?

    If so how have you handled them?
     
  2. windflower

    windflower LawnSite Bronze Member
    Messages: 1,367

    Either quit or never started service depending on when they pulled that #%*&.
     
    Matthews Lawn Care likes this.
  3. Matthews Lawn Care

    Matthews Lawn Care LawnSite Silver Member
    Messages: 2,758

    I’ve ran across it a few times. I just added their verbiage to my agreement also meaning They can’t hold me liable if I do something wrong. Needless to say, I’ve never been awarded those contracts.

    The way I see it is if I’m carrying insurance and doing everything I should in order to protect myself and anything I do at the property for the customer why the hell would they need a “hold harmless” agreement? They don’t, they just can’t guarantee one of their jackwad employees won’t do something stupid to cause you harm and they don’t want to be held accountable for it.

    Note;

    I had an attorney and an insurance agent tell me that “hold harmless” agreements weren’t worth the paper they are written on. I don’t know how true that actually is but I don’t care, if they won’t hole me harmless, I’m not willing to hold them harmless.
     
  4. Mumblingboutmowers

    Mumblingboutmowers LawnSite Senior Member
    Messages: 935


    I was told the same thing. Doesn't matter if their is a liability waiver or not. If something bad happens, whomever is at fault is at fault and will pay.
     
    hort101 likes this.
  5. Mudly

    Mudly LawnSite Senior Member
    Messages: 758

    We use idemnity clauses for plowing and some construction contracts. Like dont walk into our work zone kinda stuff, dont wear high heels in winter kinda stuff. Youre not necessarily protecting yourself from a client but general population. They do have uses but are never a blanket.
     
  6. Green Industry Pro

    Green Industry Pro LawnSite Senior Member
    Male, from Tyler Texas
    Messages: 545

    Ran into these bidding on the airport where I live. I agree with @Matthews Lawn Care I would add something to the contract to counter that.
     
  7. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Messages: 19,217

    Why wouldn't you be liable if you screwed up? I expect to be held responsible for my screwups.

    OP...add the following, initial and date it: "If contractor found negligent."

    I did this for years with one of my larger winter customers. They now have it as part of their standard verbiage.
     
    sjessen likes this.
  8. ztman

    ztman LawnSite Bronze Member
    Messages: 1,367

    In my personal opinion, I think it more palatable to have a limitation of liability clause vs and indemnity and hold harmless clause, ie, max amount for which your are liable is limited contract price...
     
  9. Mudly

    Mudly LawnSite Senior Member
    Messages: 758

    I thought that was a standard contract
     
  10. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Messages: 19,217

    Which part?
     

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