usually think of contracts as being an issue in the construction
industry. While that's true, businesses of every kind are constantly
signing a wide variety of agreements, everything from vending machine
services to large scale product distribution terms to alarm service
the knowledgeable and experienced writer, a contract represents
the ideal opportunity to transfer one's legal liabilities to another.
The manufacturer of a product may wish to pass off his
liability to a vendor for claims caused by his product . The
guard service company may wish to have you assume its liability
if one of its employees shoots a trespasser on your property. The
elevator or escalator service company may wish to have you assume
all responsibility for injuries, even if they were caused by faulty
repairs or adjustments. In construction contracts, general
contractors in particular have realized the huge insurance &
legal cost savings to be gained by redirecting liability for every
conceivable claim to the trade subcontractors. Given the often
gross bargaining imbalance, tradesmen may rush to accept work with
little or no attention to the fine print.
practice has, over the years, become so widespread and occasionally
so unfair and egregious that courts have at times been moved to
invalidate these shifts of liability. The legal result in
any given situation is usually subject to a multitude of factors,
not the least being the particular jurisdiction where you are heard.
liability insurance may include insurance for these assumptions
of liability, however the coverage may be limited in scope, or may
not be present at all. Ask for it.
everything you sign. Seek legal counsel. You could get very
ugly surprises later if you don't.