[WSBARP] Covid clause in construction contract

[Justin Monro]

I would agree “toothless”  you can’t prove “causation” of infectious disease cases. IMO

Thank you

Justin Monro
Attorney at Law

Sent from my iPhone

On Jul 7, 2021, at 6:15 PM, Roger Hawkes <Roger at law-hawks.com> wrote:


I think that clause is toothless, for the reason you identify.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, July 7, 2021 5:14 PM
To: KCBA Real Property <realprop at googlegroups.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Covid clause in construction contract

Client’s contractor on a residential remodel has a notice in their contract concerning covid, saying basically that the jobsite is close quarters and there is a risk of infection, and the owner must release any claim if the owner gets covid from a worker or subcontractor, and also indemnify the contractor against any claim by a third party who says they got covid from a worker on the jobsite.

Does anyone have some understanding on how these kinds of covid-related liability clauses are usually being handled in the Puget Sound area? I assume there’s no insurance to be had that covers risk of infection of covid. But this clause seems a bit extreme, to force a homeowner to indemnify if, say, a guest gets covid after being at their house.

It also seems like paranoia. How the heck is anyone going to prove in a court a law that they caught covid specifically from a worker at a jobsite?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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