I am a handy man. My liability insurance was not renewed due to Colorado being so litigious. Is there a way to right a release from liability into a contract.
1 reply
Jul 5, 2019
That's an interesting question. First, it might depend on exactly what type of work is being performed and what licensure is or isn't required. If insurance is a licensure requirement, or if insurance is required by some other regulation in order to perform the work that you do, waiving liability via contract will not fulfill or waive any insurance requirements. So, if insurance is required, then it must be obtained.
However, liability can be waived, to some degree, in a construction contract. But, there are always implied warranties when performing construction work - such as an implied warranty of good workmanship. When work isn't done in a workmanlike manner, it's hard for the party who performed that work to avoid being held responsible. But, some potential liability might also be lessened by writing a right to cure into the contract for work. That way, if there is a problem or defect in the work, the contractor will have the opportunity to fix it before liability arises.