[WSBARP] Covid clause in construction contract
Kary Krismer
Krismer at comcast.net
Thu Jul 8 06:22:02 PDT 2021
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>
>>
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>>
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