Since the business folder has died, and we have a little extra time on our hands, does anyone want to have some fun and post some of their favorite disclaimer notices? These could be plan notes, or contract paragraphs.
I’ll dig some out.
Bob’s next test date: 12/10/07
You don't have to sacrifice historical elements of a house in the name of energy efficiency.
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Replies
Here's what is in our Scope of Work section.
9. Contractor shall not be responsible for any damage to the existing driveway or yard.
10. Contractor shall not be responsible for the removal or remediation of asbestos, lead paint, or any other harmful or toxic substances unless specifically noted in this Proposal.
3. Contractor makes no provision for any extra measures necessary to allow use of facility while interior demolition and construction takes place. Owner is recommended to relocate affected portions of facility during the interior demolition and construction phases.
1. Contractor shall clear lot as needed to perform excavation work. Clearing will include removal of sod, stumps, or other organic material. Not included in clearing is removal or relocation of any underground storage tanks, septic systems, or utilities not specifically noted in Proposal.
9. Contractor makes no provision in Proposal for any soil problems that may constitute a special footing, blasting, or other unseen conditions. The discovery of any unforeseen problems during excavation work shall institute a Change Order.
8. Contractor shall coordinate rooftop delivery of shingles. Delivery truck shall utilize the driveway and yard to provide the best access to deliver the shingles. Contractor is not liable for any damage to existing driveway or yard from shingles delivery truck. If Owner is aware of conditions that are likely to result in damage, those conditions should be brought to the attention of Contractor. Delivery from the street, with no trucks over 10,000 lbs. on the driveway at any time, is available at an additional cost.
44. Contractor shall install all exterior finishes to match existing as closely as possible from local sources of supply.
1. Contractor shall install ½†Gypsum Wall Board (GWB) on all walls, ceiling and beams. Contractor shall finish all GWB to a level 4 finish (as defined in “GA 214-96: Recommended Levels of Gypsum Board Finishâ€). Contractor shall repair all damage created as a result of remodeling work.
26. Contractor shall install floor tile according to the “Tile Council of America “2005 Handbook for Ceramic Tile Installationsâ€.
8. Proposal does not include any provision to deal with undersized service or breaker panel. If unsatisfactory conditions are found a change order will be presented.
11. Contractor shall perform no work on existing plumbing other than the relocation of existing DWV and supply lines as noted above. Any extra work necessary as a result of deficiencies in existing plumbing (including, but not limited to, clogs, negative grade, corrosion, improper joints, etc.) will result in presentation of a Change Order.
Jon Blakemore
RappahannockINC.com Fredericksburg, VA
Not exactly a disclaimer. But since the thread is in fun...
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A: An antique
funny stuff, keep them coming.
Fun is protecting yourself from implied responsibilities! C. CONTRACTOR NOT TO BE RELIED UPON AS ARCHITECT, ENGINEER, OR DESIGNER:
Contractor is not an architect, engineer, or designer. Contractor is not being hired to perform any of these services. To the extent that Contractor makes any suggestions in these areas, Owner acknowledges and agrees that Contractor’s suggestions are merely options that Owner may want to review with the appropriate design professional for consideration. Contractor’s suggestions are not a substitute for professional engineering, architectural, or design services, and are not to be relied on as such by Owner. Contractor is not responsible for ascertaining whether details in Owner’s plans conform to all applicable building and planning codes. Contractor is not responsible for the cost of correcting errors and omissions by Owner’s design professionals and separate contractors. D. FEES FOR PLANS, ENGINEERING & ARCHITECTURAL SERVICES, UTILITY CONNECTIONS, AND SPECIAL TESTING:
This Agreement does not include the cost of coordinating or submitting for the fees and services referred to above. Owner (not Contractor) is to enter into contracts for all of the above-mentioned services and provide direct payment to the people or agencies contracted with for all of the services and fees in the paragraph above. Bob's next test date: 12/10/07
One disclaimer comes to mind that I saw on a print I got:"Truss manufacturer is to verify that all walls are capable of carrying the roof trusses"
Is it ok to use my AM radio after noon?
I just got off the phone with my business partner out in the field and I have a new one to add.
We're replacing some HVAC in a crawl space and there is a rather large snake that has taken up residence in said crawl space. For some reason, our HVAC guy doesn't want to have a pow wow with the aforementioned reptile, so a pest control company has been summoned.
I'll have to consider that one in the future.
Jon Blakemore
RappahannockINC.com Fredericksburg, VA
Hahaha.I looked, we don't have that covered. I'll be adding it. IV. EXCLUSIONS
Unless specifically included in the “General Scope of Work†section, this Agreement does not include labor or materials for the following work: Plans, engineering fees, or governmental permits and fees of any kind. Additional work required by governmental plan checkers on final “Red Lined†Job Copy of plans that are yet to be issued. Testing, removal and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA). Custom milling of any wood for use in project. Labor or materials required to repair or replace any Owner-supplied materials. Repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction. Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines). Final construction cleaning (Contractor will leave site in “broom swept†condition). Landscaping and irrigation work of any kind. Temporary sanitation, power, or fencing. Removal of soils under house in order to obtain 18 inches (or code-required height) of clear space between bottom of joists and soil. Removal of filled ground or rock or any other materials not removable by ordinary hand tools (unless heavy equipment is specified in Scope of Work section above), correction of existing out-of-plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing. Rerouting/removal of vents, pipes, ducts, structural members, wiring or conduits, steel mesh which may be discovered in the removal of walls or the cutting of openings in walls. Removal and replacement of existing rot or insect infestation. Failure of surrounding part of existing structure, despite Contractor’s good faith efforts to minimize damage, such as plaster or drywall cracking and popped nails in adjacent rooms or blockage of pipes or plumbing fixtures caused by loosened rust within pipes; construction of a continuously level foundation around structure (if lot is sloped more than 6 inches from front to back or side to side, Contractor will step the foundation in accordance with the slope of the lot). Public or private utility connection fees. Repair of damage to roadways, driveways, or sidewalks that could occur when construction equipment and vehicles are being used in the normal course of construction. Cost of correcting errors and omissions by the owner’s design professionals and separate contractors. Cost of correcting/ testing/remediating mold/fungus/mildew and organic pathogens unless caused by the sole and active negligence of contractor as a direct result of a construction defect that caused sudden and significant water infiltration into a part of the structure. Cost of removing ponding ground water or other unusual concealed site conditions during excavation. Extra costs associated with refusal of caisson drilling, cave-ins, etc. Cost to modify and/or remanufacture custom brackets and other custom-fabricated materials that are manufactured per plans and/or specifications but do not fit properly into the structure. Bob's next test date: 12/10/07
I tried to read that, but I started to doze off...(-:
Everything can be filed under "miscellaneous"
I am with BH.If you expect some one to read it and understand it then it needs to be broken down with WHITE SPACE and into logical areas. It appears to jump all over the place.But I did see a couple of things in there that jumped out at me. If I was presented a contract with those terms. I would call you low ball scam artist, throw you out and start looking for a REAL CONTRACTOR.One was the extra charge for milling profiles. The other was for more than 6" drop in the ground.Both of those are clearly observable conditions and your proposal should cover them..
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A-holes. Hey every group has to have one. And I have been elected to be the one. I should make that my tagline.
Bill,I agree with you to a point. I do my best to identify conditions that will or may present problems during the project. For instance, if the driveway shows evidence of erosion and the asphalt is cracking, I will include some language in the Proposal that specifically deals with that. Either we are going to stay 100% off of the drive or use it and not be liable for damages.On the other hand, the 6" drop thing seems reasonable to me. I would probably choose 8" as the number, but Jim is just saying that their footers will be stepped versus having an additional course of block or 1/2 yard of concrete on the high side.I always like to provide a solution when presenting a problem. It may be an expensive one, but if I call attention to something I want to follow up with "this is how we can fix it".
Jon Blakemore RappahannockINC.com Fredericksburg, VA
I may have missed his point. As I said the think need breaking up. But it appears to be that he was listing "hidden" or unknow conditions that might lead to additional cost.A slope in the terrain is not an unknow condition. Whatever is needed for that condition should be in the scope of work and quoted appropriately..
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A-holes. Hey every group has to have one. And I have been elected to be the one. I should make that my tagline.
That's okay Bill, we aren't a good fit for everyone. I intentionally eliminated all the spaces because we had to fit five pages onto on on the back of our short contract. I think that paragraph used to span five or six or more paragraphs and used up at least one more letter sized sheet. We're signing another one of these and the buyer is a lawyer. She also has a severely sloping lot. Were not doing any dirt work though. Feel free to find more flaws though. Thats the idea of sharing. Bob's next test date: 12/10/07
I imagine you were thinking construction, but maybe some of you will find this real estate disclosure to be interesting (some of this stuff only pertains to Colorado, AFAIK). We generally have all prospects sign for the following disclosure before we show them property and always before they make an offer.
1. Brokerage Relationships. We are most commonly acting in the capacity of Transaction Broker. This means a broker or salesperson who assists one or more parties throughout a contemplated real estate transaction and the closing of such a real estate transaction, without being an agent or advocate for the interests of any party to such transaction. However, there are times when we will act as the Seller's or Buyer's agent, acting specifically on the behalf of either the Seller or the Buyer, as each particular contract dictates. Our role in your transaction will be expressly stated in a separate disclosure and in any contract with us that you will sign.
2. Underground water. Accurately predicting the results of well drilling can't be done! No warranties or guarantees are made for the availability or depth of water.
3. Fences and boundary lines. Most fences in rural areas are not on the exact legally described boundary and many parcels of land have never been surveyed. Even if markers or fences are found, we do not warrant or guarantee that they are correct. It is the responsibility of all property buyers to rely on professional surveyors to determine the exact location of a specific property.
4. Access. We do not warrant or guarantee access to any property. That is the responsibility of the sellers, buyers and/or a title insurance company.
5. Surface water. The right to use water for irrigation in Colorado is permitted only by adjudicated rights under the doctrine of prior appropriation.
6. Open range. Colorado is a modified open range state which requires the landowner to fence livestock out if it is not wanted on the property.
7. Noxious weeds. As a result of legislation, there is a special weed district in all Colorado counties. Huerfano Co. mandates that landowners control noxious weeds. Control of noxious weeds is enforceable by the county. You are responsible for determining if these are, or may be, a problem on any property you consider buying.
8. Maps. Any maps we may provide are for general location purposes only.
9. Undermining and mineral rights. Some areas have been undermined and we do not warrant or guarantee that any property has not been undermined. Mineral rights are often owned and/or leased by parties other than the current land owner and may impact the property in the future. Mineral leases may, or may not, be a matter of public record and may, or may not, be known by the current land owner. We do not warrant or guarantee the validity, absence, or presence of mineral rights or leases or the likelihood of any such leases being exercised by the leaseholders.
10. Property information. Information about specific properties that we may give out in printed or verbal form is from sources that we believe are reliable, but such information is not guaranteed or warranted. All information is subject to errors, omission, change, prior sale, or withdrawal without notice. We go out of our way to be accurate and will do our best to find answers to your questions about any property.
11. Appropriateness of the property. It is the buyer's responsibility to determine if a particular property is appropriate for his/her intended uses. We recommend that you may want to consult various professionals, such as surveyors, attorneys, home inspectors, tax accountants, County building, health and/or zoning officials, or others, for information regarding whether a specific property, or purchase, is appropriate for your situation and intended uses.