[WSBARP] Covid clause in construction contract

[Roger Hawkes]

Frivolity wins??

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
[cid:image001.jpg at 01D773CE.2B08C050]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: Thursday, July 8, 2021 6:22 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Covid clause in construction contract


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><mailto:Roger at law-hawks.com> wrote:

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

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto: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><mailto:realprop at googlegroups.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com><mailto: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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