How do I write a waiver/release of liability for an uninsured contractor?

Asked almost 2 years ago - Wheaton, IL

I am going to hire a contractor to install hardwood floors. However, his company does not have any workers comp insurance. In order to avoid liability of injury, disability, and death, I guess that I need a waiver/release of liability. He will bring 1 to 2 persons to my home to do the job. I do not know the relationship between him and other people. It can be employer-employee, partner-partner, or contractor-subcontractor. To minimize my liability, which combination of the following waivers do I need?
1. His company
2. Himself
3. Any other person that will come to my home to do the work
4. His company and everyone that will come to my home to do the work

Please give answers for 3 different relationships.

If there is a better way to construct the waivers, please let me know. Thanks.

Attorney answers (3)

  1. Mazyar Malek Hedayat

    Contributor Level 13

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Your question deals with preparation of waivers of liability for work to be done in your home.

    Having practiced construction law for nearly two decades and given seminars to lawyers and real estate professionals, I know completeness is key. I recommend preparing waivers for all 3 scenarios you discuss, in addition to seeking a bond. Finally, ask your homeowners' insurer if they offer a rider or extension to cover this situation.

    I hope this information has been helpful. Feel free to contact our office to share more specific information or to have waivers drafted.

  2. Judy A. Goldstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Here is the best way to construct the waivers - Hire a lawyer who knows what he/she is doing. If drafted improperly, the waiver will not cover all situations and will not even be worth the paper it's printed on. This is not a time to cheap out. A serious injury could cause you and your contractor big problems.

    If you absolutely insist on doing this yourself, then at least go to a law library and find good language. It depends upon how much you value your own time whether you turn this over to a lawyer or DIY.

  3. Raphael Samuel Moore

    Contributor Level 16

    4

    Lawyers agree

    Answered . The best way is to have an attorney handle it. There is too much at risk here to get it wrong.... Remember that is the whole reason why you want the waiver, because of the liability.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-... more

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