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KJLLAW, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 621
Experience:  Attorney at Law Office of KJLLAW
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Can a homeowner sign a contract with a contractor that

Customer Question

can a homeowner sign a contract with a contractor that relieves the contractor from any liability while working on my home?
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  KJLLAW replied 4 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Many exterminating and Home service contracts carry indemnification or “hold harmless” clauses that essentially state that one party will not sue the other in the event of a loss. Companies try to write indemnification clauses as broadly as possible in an attempt to protect themselves from liability, however, courts do not like broad hold harmless indemnity clauses which attempt to absolve a company from all liability.

They may raise the clause in court, but in small claim court, the judges like to hear all sides, and will want to hear your testimony and evidence regarding the damage. The contractor is expected to do work in a competent and industry standard manner. If they cause damage that is beyond the scope of the termite remediation, then they cannot have you sign a waiver and absolve all liability. Be ready to present the judge the details as to what happened, how and why the damage was caused and why their work was grossly negligent and why their termite remediation should not have caused the damage. Small Claims Court in California, and elsewhere, is set up so that small homeowners such as yourself have recourse against contractors, who perform shoddy work and cause damage beyond the contracted terms.

I hope this helps with your question.

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