Construction Liability Waiver: Fill & Download for Free

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PDF Editor FAQ

As a small business owner, did you pay a lawyer to write your service contract for services you perform?

Our service agreements are fairly simple, our procedures are not. In my (bike) shop, when we take a bike in for service, we enter the customer information, bike information including make, model, size, color and serial number into our system. We enter the service requested into the system and offer the customer a written estimate for the repairs. We agree to fix it, they agree to pay for it. That's it.Since we've been in business, we have never had a problem. My staff has procedures they must follow in handling a customer's property. For example, on a couple of occasions, one of my techs has commenced work on a bike and discovered a cracked carbon frame. When this happens, work ceases and the customer is contacted. In each case, the customer claimed that the frame was "fine" when he brought it in. We explain our procedures, stand firm in our knowledge of how to handle carbon frames, I stand behind our techs, and in both cases were able to offer a replacement frame to the customer with a deep loyalty discount from the manufacturer, and in each case the customer ended up with an upgraded, new frame for a fraction of what a new bike would cost.On the rare occasion that we screw up, we make it right, so an extensive CYA contract has never been necessary. We even take care of things that aren't or fault sometimes to keep a happy customer.We also sell and rent bikes. Our sales contract and rental contract are a different matter, and both contain comprehensive liability waivers that the customer must sign. These waivers were constructed from oiler plate forms and modified and updated over the years by lawyers. I believe our rental liability waiver has been updated no less than 4 times by 3 lawyers since we began using it.The difference between service vs sales and rentals is, if there's a service problem, it's easily corrected. If someone rents or buys a bike, and goes out and hurts themselves, that's a big problem. We have to demonstrate that we advised the client of potential risks, and they have to acknowledge that we advised them, hence the lengthy waivers.Hope this answer is of interest, thanks for asking!

Could a buyer of an already existing new construction home offer a lower price than the original if they noticed parts of the ceiling, walls, or cabinets are crooked?

I was 3 days away from signing for a new construction house. I flew into the city and my realestate agent picked me up at the airport. We drove straight to the new house. The builder still had the keys but allowed us to walk through after we signed a liability waiver. We walked in and found the place a total mess. There were entire sheets of drywall missing, the front door was wrong, the back door wouldnt close, there was a busted window in a bedroom, the wrong counter top had been installed in the kitchen, the sink was missing, construction debrie was piled up in the garage, and all over the yard. The whole place was filthy. This was Friday afternoon. I was supposed to close Monday morning. Furious, we took the complaint to the sales office, (KB Home in this case) who simply replied to is that it looked like it did because they were “still actually building the house”. When I asked how they could possibly fix the numerous issues and get it clean by Monday, he assured me it would be done and perfect by Monday morning.Expecting lies, I prepared myself mentally to refuse on Monday, then took a mini road trip to clear my head and returned first thing Monday morning ready to demand my deposit back.To my suprise, the builder apparently worked through the weekend and got everything done! The place looked amazing. The only thing they didnt get right was the kitchen counter. It was out of stock so they changed it to a nicer one with an upgraded sink. 15 years later Ive actually had very few problems with the place which was also a suprise.Anyway, talk to a local professional inspector who understands the construction process where you are building the home. If he sees serious problems, you might want to get an attorney involved. An attorney can negotiate with the builder or possibly help you out of the contract. If your realeste agent is competant, they might be able to help you too. Sometimes you will need profesional help, but other times, the builder might actually come through in the end.

Which infrastructure projects would you love the US Federal government to fund as a long-term investment to boost economic productivity?

Nuclear reactors!America needs more of these. Everyone deep down sort of knows it.But they are horrendously difficult to build, not because the technology is especially new or difficult, but because of all the other ‘stuff’ surrounding them — the financing and loan guarantees, the permits, the land, safety and environmental assessments, liability issues, lawsuit delays, etc, etc. … no sane financial actor big enough to build a nuclear reactor would do so — there’s simply too many non-engineering unknowns!The Federal government should use its powers to simply cut through all the BS surrounding nuclear reactors — and just build them. Cut out all NIMBYism objections and the endless lawsuits, cast aside the irrational fears of the public-action Cassandras, offer the needed loan guarantees**, grant the liability waivers (or create legal liability safe-harbors) … and just do it!Expropriate some land to be owned directly by the Federal government (or just use existing Federal land). Long-term lease it to an energy operator cheaply. Then create a super-streamlined regulatory process (say it’s for ‘national security purposes’ even) — and just do it! (Then, when all the NIMBYs come along, with their state-level lawsuits, and EPA regulations, and bogus endangered species claims, and whatever else, just tell them to “push off”).Look, America needs more — much more — large-scale, baseload, clean energy supply — NUKES are the way to go on this!The reason they don’t get built is because of all the regulatory baloney surrounding them. The FEDS should just cut right through all this![Postscript: And what’s more, were the FEDS willing to throw their powers around somewhat, to get something like this done — It would cost the taxpayer almost nothing! The problem is not the energy demand and/or ability to sell the electricity; nor is there insufficient investment demand for the bonds; nor is engineering know-how lacking; nor the people looking for high-end construction jobs — 95% of the problem is the regulatory structure, and the political and legal uncertainty, around these types of projects … the FEDS could sweep this away, were they really willing.]Notes: ** The FEDS are guaranteeing so much other stuff — like 90% of the whole residential mortgage market — why not something useful?

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