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Updated almost 4 years ago,
Is this typical for a "hold harmless"?
So I'm in Texas and am overhauling a house's siding, roofing, and windows all at once. Initial thoughts when I read this are:
- What's the worst that can happen under this? Well, "your" (their) unqualified minimum wage worker uses a tool that wasn't meant for removing siding and ends up vibrating half my wall down and you're claiming it's not your fault?
- Or worse, maybe they use a reciprocating saw incorrectly on the wrong beam and it splinters and tears a hole into one of the people inside. You're saying that you're not responsible for death caused by massive incompetence?
I'm looking around for options still but I'm just curious if contractors are always this insane when avoiding legal obligations
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General Limitation of Liability
Any liability of [COMPANY NAME] to you and any third party (the "Person") will be limited by the provisions of this Section. IN NO EVENT SHALL SAID PERSONS BE ENTITLED TO RECOVER ANY CONSQUENTIAL, CONTINGENT, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS FOR ANY PERSONAL INJURY OR DEATH OR FOR ANY PROPERTY LOSS WHETHER OR NOT SAID DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY ANY FAULT OF [COMPANY NAME], OR ANY BREACH BY [COMPANY NAME] OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT OR THE WARRANTY.
You agree to hold harmless [company name] and its representatives and contractors for damage to property caused by work performed under this contract that is not caused by [company name]'s sole negligence such as (but not limited to):
- Damage to sheetrock caused by vibration.
- Driveway damage (many driveways are undermined and [company name] cannot predetermine this condition).
- Realignment of satellite television dishes.
- Water or A/C lines hit by normal nailing of shingles or accessories, or any subsequent damages that occur from such
- Siding damage caused by changing of wall flashing.
- Homeowner is responsible for HVAC connections on all hot water heaters, A/C and heating units that extend from the top of these units to the roof line inside the attic. [Company name] will be responsible for extensions that extend outside the roof line to be properly sealed.