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Discussion Starter · #1 ·
hey guys,

i recently started my own company. i've wired half a dozen houses for one contractor and they are all just about reaching the trim out stage. the GC requested that i get early service inspections so that they can turn on heat in the houses so they can get them sheetrocked before spring.

in the past when i was young, i never gave a second thought to walking into a house where the power was on and seeing the panel cover laying on the ground because the sheetrockers or painters were too lazy to replace it.

Now that i work for myself and have learned about a little thing called liability, and i am ready to pull all the meters. I know this isnt a viable option as the GC cant wait until spring to complete the houses. The GC has agreed to sign a liability waiver, now i just need to write one up that makes sense.

most of what ive come across online is tailored towards releasing me from liability if whoever signs the waiver is injured... what i need is something for the GC to sign that says he accepts all responsibility for injury/damage.

has anyone out there had a similar experience? or anyone have similar documents they currently use?

maybe what im really asking for the a term for the described waiver so that i can google that? like i said, everything i am finding is similar to what you might sign if you were to ride an amusement park ride.

thanks in advance!
 

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Discussion Starter · #2 ·
been working on this for the last couple hours and this is what i came up with.

if you dont have any input, hopefully this at least helps you!



"WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK,
INDEMNIFICATION AND COVENANT NOT TO SUE

One Stop Shop Electric, LLC

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. By signing this agreement, you
relinquish your right to bring any claims or actions to recover any damages, losses or compensation against One Stop Shop Electric, LLC (“OSS ELECTRIC”) and its members, directors, officers, employees, volunteers, contractors, agents and representatives (collectively with OSS ELECTRIC, the "Released Parties"), as a result of any harm or injury to person or property arising out of or related to the construction or early electrical service ("EARLY SERVICE") on the property located at ("Boulder Springs Lot #14") for the primary benefit of Countryside Homecrafters (“COUNTRYSIDE”):

IN CONSIDERATION OF ‘OSS ELECTRIC’ PROVIDING ‘EARLY SERVICE’ TO:

General Contractor Name: _______________________________________

Subdivision and Lot #: _______________________________________

Property City/State: _______________________________________

AND FOR THE BENEFIT OF:

Contractor Representative: _______________________________________

Contractor Street Address: _______________________________________

_______________________________________


ACKNOWLEDGEMENT OF RISKS: I fully understand that the ‘EARLY SERVICE’ may pose inherent risks, dangers and hazards for me, other subcontractors, my guests and invitees. I understand that these risks and dangers may be caused by the negligence of ‘OSS ELECTRIC’, Released Parties, the negligence of other users of the ‘EARLY SERVICE’, the negligence of third parties, accidents, breaches of contract, the forces of nature or other causes, and I acknowledge that risks and dangers may arise from foreseeable and unforeseeable causes. I hereby assume all risk, danger, and all responsibility for any losses and/or damages to person or property that may result from the construction of ‘EARLY SERVICE’ on the Property.

I FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE that, included within the scope of this Agreement are any claims or causes of action (a) arising out of the performance, or failure to perform, maintain, and/or inspect, ‘EARLY SERVICE’, and/or, (b) relating to the failure to warn of dangerous conditions existing on the Property.

WAIVER, RELEASE, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE: In addition to the acknowledgments, waivers and releases discussed above, I hereby covenant not to sue and voluntarily agree to waive, release, indemnify and hold harmless the Released Parties, from any and all liability and claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claims which may arise out of the construction of ‘EARLY SERVICE’ on the Property. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for any negligent acts or omissions by the Released Parties, in connection with ‘EARLY SERVICE’ and the construction of ‘EARLY SERVICE’ on the Property. I agree that if I or anyone on my behalf brings any claims or action which would be barred by this WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE, the Released Parties will be entitled to recover from me the attorneys’ fees and costs incurred in defending against that action, including the attorneys’ fees incurred in presenting the defense of release.

SEVERABILITY: I agree that in the event any provision of this WAIVER, RELEASE OF
LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE is held or adjudicated to be contrary to any statute or law, or otherwise unenforceable, the remaining provisions of this document shall be enforceable to the fullest extent permitted by law.
I have read the above and by signing agree that it is my express intent to exempt and relieve the
Released Parties from liability for personal injury, property damage or wrongful death caused by negligence or any other cause, except for willful, wanton, reckless or grossly negligent conduct. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for negligent acts or other conduct by the Released Parties in connection with ‘EARLY SERVICE’ and the construction of ‘EARLY SERVICE’ on the Property.
I also represent that (1) I have fully read this document; (2) I would not have signed this document
unless I fully understood its intent to bar any future claims against the Released Parties and to protect them from any future loss or liability arising out of or resulting from ‘EARLY SERVICE’ and/or the construction of ‘EARLY SERVICE’ on the Property; and, (3) I have had the opportunity to have an attorney review this document and explain it to me if I so desired.



__________________________________________________
CONTRACTOR NAME



_______________________________________________________ _________________
CONTRACTOR REPRESENTATIVE SIGNATURE DATE

END OF AGREEMENT"
 

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I have used something like this before.


Used clear shrink wrap over it let the muddies texture and paint the heck out of it. At the end change the wrap and on to the next job. You have a soild plan just throwing this out there. Almost forgot it has magnets and fits a panel exactly no good reason to take it off at all.


Living the dream one nightmare at a time
 

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EC & CI
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I was going to say something like that. At least put a sign or sticker on the panel cover saying something similar to...
"ATTENTION: 240 Volts - This Panel is Energized. Do not remove cover!
OSS Electric is not responsible for injury resulting from failure to adhere to this notice."
 

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Hackenschmidt
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13,189 Posts
I'd say this is one of those things where you bite the bullet and have your lawyer review whatever you draw up. You may be able to develop a general purpose agreement you can reuse in the future. I am assuming you had the necessary conversations with your lawyer and insurance agent when you started your business, and you're protected in general.

I don't think an agreement between you and the GC will do much good because the painter - not the painting sub, the injured painter - is going to go after everyone in sight if there's an incident. It may slow down the GC from coming after you after the painter comes after them, I don't know.

Taking all appropriate reasonable precautions, including signage and temporary covers, is smart and will make you less attractive to any lawyer that may come after you. Using a third party's products made for the purpose seems a lot more defensible than homemade signs.
 

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EC & CI
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386 Posts
If your doing a lot of jobs this way then it may be best to talk to an attorney and write something up accordingly.

If you hot up a panel, put a cover on it with a notice of caution and have installed everything to code then that may be all that's needed to keep you protected in most cases. Have your proper inspections too.

Just watch out for what circuits you hot up. Put GFCI receptacles in for temp. receptacles. Cap off anything that carries through. Maybe for future install circuits and finished GFCI outlets to parts of the house that are not getting drywalled, such as a utility room, basement or exterior that way you won't have to worry about open outlet boxes that are hot or receptacles without plates on them.
 

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animal lover /rat bastard
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13,543 Posts
besides consulting with your lawyer as others have suggested, you might very well find help on this from your own insurance company. Since they are experts in avoiding liability, they might very well have the correct forms on hand for your use. Additionally, you need to make sure that all codes and safety codes are followed, and a notice on the temporary covers that anyone who tampers with it would be held liable for any injuries to others, etc.
 
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