Legal Question in Construction Law in California

Release of Liability

We will have several contractors working in our property, what form should I use to cover myself from all liabilities

(ie personal injury while working on our premises?)

Will a General release of liability sufice?

Asked on 6/15/06, 12:08 am

2 Answers from Attorneys

Gary Redenbacher Redenbacher & Brown, LLP

Re: Release of Liability

I'm not clear what liability you're talking about. Liability for injuries to workers? As long as your contractor and his subcontractors have worker's compensation, this should protect you against this danger. Other types of risk can be mitigated by purchasing a builder's risk insurance policy.

You should be more concerned about the contractor's liability to you. He should have Comprehensive General Liability Insurance. Insist on certificates of insurance for both liability and worker's compensation insurance from the general contractor and his subs.

You'll also want to get lien waivers upon payment to any subcontractor or prime contractor.

There are other techniques that can protect you, but they are too involved for this forum. If you're concerned about liability, you may wish to visit a construction law attorney and he/she can draft indemnity agreements, additional insured requirements, etc.

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Answered on 6/15/06, 1:47 am

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Release of Liability

In addition to making sue that all contractors and subcontractors performing any work on your site have both workers' comp and comprehensive general liability insurance, you should confer with your own insurer to confirm that your own policies cover any gaps. Also, repair or disclose any known hazards on your property.

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Answered on 6/15/06, 12:41 pm

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