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a sort of third-party liability

davidmeiland | Posted in Business on July 24, 2004 10:26am

Looking at a job on a nice older home, the kind I like to dig into. This one’s been converted into a restaurant on the first floor and an apartment above. The work in question will interfere with the restaurant… their rear door will become unusable as we replace the stairs and deck there… a room they use for storage gets demoed and replaced… a few other things.

Restaurant owner is a nice guy and we like to eat there. My concern is that I do not want exposure to hassle from him when he finds out what a pain it really is to have this stuff done. What about a contract clause in which the owner indemnifies me from any claim by the restaurant? Something else? Never really come across this one before.

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  1. User avater
    EricPaulson | Jul 24, 2004 10:33pm | #1

    Sounds like you are doing the work for the owner of the building, not the owner of the eatery.

    I would think that it would be the owners deal to negotiate with the owner of the establishment. The clause thing sounds doable, will your work hours be restricted and will there be a time of essence clause in order to disturb the restaurant as little as possible?

    Watch out you don't bring any roaches home with you!!;)

    Eric

    Every once in a while, something goes right!
  2. User avater
    BillHartmann | Jul 24, 2004 11:14pm | #2

    I would go after it a little different.

    Require the owner to get an acknowledgement from the restraunt indicating that the working is going to be done and that they will be interfered with.

  3. WayneL5 | Jul 25, 2004 01:17am | #3

    There is a code issue to investigate, too.  If the exit that will be temporarily unusable is among the required fire exits, you may take the building below the required number.  You have to talk it over with the building inspector as to how to handle it.  It could be as bad as the restaurant cannot be operated while the exit is inoperable.  This may mean you do your work early in the morning before the kitchen fires up and you have to install temporary stairs every day the restaurant operates.  I certainly hope not, but you need to know this before you price out the work.

    1. davidmeiland | Jul 25, 2004 01:50am | #4

      Definitely a major issue. The dining room has two doors but the kitchen has only the one in question. I'm a firefighter with the town and will have our chief/fire marshal check that out. I've been on jobs before where a certain door had to be maintained 24/7, even while we were hanging a new one in the opening or putting subfloor inside in... it's a hassle.

      1. Schelling | Jul 25, 2004 02:28am | #5

        It sounds like you are on top of the situation. By far the most important thing is that everyone involved, including the inspectors, is fully aware of what will happen and how long it could take to complete. If you spend extra time planning and communicating about this sensitive area, you will be the star of the show.

    2. User avater
      EricPaulson | Jul 25, 2004 04:45am | #6

      Wow, you get the prize for sure.....good thinking!

      EricEvery once in a while, something goes right!

      1. WayneL5 | Jul 25, 2004 05:08am | #7

        Nothing special.  It comes with age.

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