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We've wandered into somewhat unfamiliar territory in that we are writing a contract for some rather extensive commercial (church) sub slab drainage piping repair.
We have included in the past, for much smaller projects, language in our contracts releasing us from liability from anything that might get torn up during cutting, breaking, and excavation.
What I'm wondering is two things: How should we word this language so as to be very clear about what we can't know and can't be responsible for without creating undue alarm or concern that their building is going to be destroyed or someone hurt or killed. The second thing I'm wondering is how does it need to be worded so that it actually affords me legal protection or can it even do that at all? (oh, hey, this is LegalZone lawyer's forum right? I'm a diy iron clad contract writer and I just have this little question.)
I don't expect any problems and am already planning on having a certified electrician standing by during all saw cutting operations who can shut everything down quickly if necessary. We will also have someone on station to kill the gas if necessary. I don't expect to find any of these things sub slab in the area where we will be working but I just want to be prepared. Also, I've seen where sonar (I think it was sonar) has been used to look underground for things. The resolution has always been crappy and I've only ever heard of it outdoors. I'm just wondering if anyone has ever heard of it used in this application and whether it even could be employed to look through tile and concrete slab in order to give me a clear (or clear enough) picture of what is underneath?
So if any of you commercial guys feel like chiming in, ... let 'er rip.
We have included in the past, for much smaller projects, language in our contracts releasing us from liability from anything that might get torn up during cutting, breaking, and excavation.
What I'm wondering is two things: How should we word this language so as to be very clear about what we can't know and can't be responsible for without creating undue alarm or concern that their building is going to be destroyed or someone hurt or killed. The second thing I'm wondering is how does it need to be worded so that it actually affords me legal protection or can it even do that at all? (oh, hey, this is LegalZone lawyer's forum right? I'm a diy iron clad contract writer and I just have this little question.)
I don't expect any problems and am already planning on having a certified electrician standing by during all saw cutting operations who can shut everything down quickly if necessary. We will also have someone on station to kill the gas if necessary. I don't expect to find any of these things sub slab in the area where we will be working but I just want to be prepared. Also, I've seen where sonar (I think it was sonar) has been used to look underground for things. The resolution has always been crappy and I've only ever heard of it outdoors. I'm just wondering if anyone has ever heard of it used in this application and whether it even could be employed to look through tile and concrete slab in order to give me a clear (or clear enough) picture of what is underneath?
So if any of you commercial guys feel like chiming in, ... let 'er rip.