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Subject:  Contractor hold harmless waiver
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Author Messages


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.


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:


Joseph West
Official Sponsor
Community Associations Network, LLC

*See legal notice below (end of page) or go to


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.



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


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.
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Forums > Homeowner Association > HOA Discussions > Contractor hold harmless waiver

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