Get 2 months of free community web site hosting from Community123.com!
Saturday, August 24, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject:  Contractor hold harmless waiver
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
RebeccaM1
(Florida)

Posts:43


03/12/2007 8:03 AM  
I manage a Florida HOA and we are contracting a roofing consultant to inspect our 28 flat roofs. His company is a Florida corporation and licensed, however he carries no Liability insurance, as he uses Roofing Contractors when deemed necessary to cut the roof or flashing and they are then responsible for any leaks or damages. However, I am looking for some informal waiver or hold harmless in case he falls off of our roof or is in some other way injured. If anyone has a sample, I would appreciate the opportunity to review the language used. I realize it would not be a legal opinion, but I wish to not involve the Association attorney if there is a simple form I can use for all contractors. Any help would be greatly appreciated.
JosephW
(Michigan)

Posts:882


03/12/2007 8:16 AM  
I don't know if you'll find one here, but I ran across one that probably does what you want:

http://www.recparksoccer.com/site/uploadedfiles/recpark/CommunityGardens/GeneralWaiver(1).pdf

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
RebeccaM1
(Florida)

Posts:43


03/12/2007 8:33 AM  
Thank you Joe. I did a google search myself and found somethings that might work. I just thought perhaps someone had one geared toward an HOA. I appreciate your search.

~Rebecca
JM2
(Oregon)

Posts:439


03/12/2007 9:33 AM  
Hi Rebecca:

If he does not have Errors & Omissions insurance then I would look for another consultant. If he's telling a roofing contractor what to do or specifying bids and work orders, etc. then he's incurring liability for his own mistakes. If the mistake can be traced back to him then he would be on the hook for any damage caused by his mistakes (including not finding something that should be fixed). If he has no assets then the HOA would be out of luck.

J. Patrick Moore, CMCA
RebeccaM1
(Florida)

Posts:43


03/12/2007 11:25 AM  
Mr. Moore,

Thank you for the input. He is contracted to work purely in an advisory situation. We were basically told by the company that warranties our coal tar flat roofs that we have not been maintaining our roofs to the standards set forth in our warranty agreement and are in danger of losing said warranty. We made a deal to work with a consultant to advise us of what needs to be done and we will contract with different companies from there. Some of the issues have to do with HVAC, gutters and pitch pans.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Contractor hold harmless waiver



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement