[WSBARP] Covid clause in construction contract

[Kary Krismer]

I don't see that an indemnification clause is toothless because a 
potential claimant on an indemnified claim might have trouble proving 
their claim, at least if the indemnification clause is broad enough to 
require payment of attorney fees to defend.

I have turned down occupied listings over concern the occupants might 
claim I didn't do something that might have caused them to catch Covid, 
even though I'm well aware that their proof would be difficult.

As to the clause, I wouldn't have a problem signing the release, but a 
huge problem signing the indemnification, again particularly if it's 
broad enough to include paying the defense fees, and maybe even if not.

Kary L. Krismer
206 723-2148

On 7/7/2021 10:05 PM, Justin Monro wrote:
> 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>
>>
>> *Covid-19 Update - *All attorneys are working remotely during regular 
>> business hours and are available via email and by phone. 
>> Videoconferencing also is available. Signing of estate planning 
>> documents can be completed and will be handled on a case-by-case 
>> basis. Please direct mail and deliveries to the Seattle office.
>>
>> ***Disclaimer: Please note that RPPT listserv participation is not 
>> restricted to practicing attorneys and may include non-practicing 
>> attorneys, law students, professionals working in related fields, and 
>> others.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210708/f568e54d/attachment.html>