Hold Harmless Clause

[street]

I want a century old 3 room house removed from the ranch. The measurement are ~ 26 x 16 and is one story and has some old stuff inside. I would like someone to come and push it in and haul out debris.

Would you have them sign a Hold Harmless Clause before work started. I do have lawyers in my immediate family, but I never ask them for legal advice and don't feel I should. I would find a generic form and use that for my protection.

What is your thoughts or any other advice that would pertain to this event.

 

[COcheesehead]

The contractor should have insurance.
Do you have an umbrella?

 

[OldShooter]

The contractor should have insurance.
...

This. Ask for certificates of insurance for liability, work comp, and/or whatever your state and local requirements are. It is not enough for the contractor to simply tell you he is insured.

 

[aja8888]

Might want to check if they are bonded too.

 

[street]

I wasn't clear and didn't give all the info with my post. All great questions to ask if it is a contractor. But if advertise for any interested party to do the job and they aren't a contractor in business. There is a lot of backhoe owners in the country that might want to earn some easy fast cash on the side is what I had in mind.

I think I already have the answer to my question though from the great responses so far.

 

[f35phixer]

Curious Street, Why? Just run down, not worth fixing up ?

 

[Sunset]

There goes another affordable housing choice

 

[street]

There goes another affordable housing choice

LOL! True never thought about it that way.

f35phixer >> yes would be easier to just start over then try to fix it up. I want to put up the same size on the same spot a little guest house. It has about one-foot raised concert footing I would re-use for the new structure, the size is 26 x 16.

It would mostly full-length windows for viewing and enjoying all season of the year. Wood heat would be all it would have no electric, but it would have water. That is my plan where the 3-bedroom home sits now.

 

[calmloki]

LOL! True never thought about it that way.

f35phixer >> yes would be easier to just start over then try to fix it up. I want to put up the same size on the same spot a little guest house. It has about one-foot raised concert footing I would re-use for the new structure, the size is 26 x 16.

It would mostly full-length windows for viewing and enjoying all season of the year. Wood heat would be all it would have no electric, but it would have water. That is my plan where the 3-bedroom home sits now.

Might check with your building department. Here in Oregon if you keep the same footprint and save one (10' section AIR?) wall it is classed differently and life is much easier with codes and requirements. Tear it all down and you are a new construction.

But maybe you are avoiding all permits and such?

 

[street]

Might check with your building department. Here in Oregon if you keep the same footprint and save one (10' section AIR?) wall it is classed differently and life is much easier with codes and requirements. Tear it all down and you are a new construction.

But maybe you are avoiding all permits and such?

NO, not trying to avoid any permits or do anything illegal. That is a great question to see what they say.

Yes, yes, I do have umbrella insurance.

 

[retire to nature]

This. Ask for certificates of insurance for liability, work comp, and/or whatever your state and local requirements are. It is not enough for the contractor to simply tell you he is insured.

These days, I am looking for deck builder, I ran into a website which was helpful

https://opencorporates.com/

besides BBB, this website has some more info. I caught a company who close and open again in another states etc. very lack of skill and a lot of court case.

 

[Aerides]

Yes, yes, I do have umbrella insurance.

Read all the fine print in your home owners, and umbrella. I'm not sure most insurance companies would be happy with a claim under the circumstances of inviting an unknown uninsured person onto your property to operate heavy machinery and attempt demolition.

 

[street]

Read all the fine print in your home owners, and umbrella. I'm not sure most insurance companies would be happy with a claim under the circumstances of inviting an unknown uninsured person onto your property to operate heavy machinery and attempt demolition.

True!!

I just text a qualified licensed heavy equipment contractor in the area I know. I talked to him last year and he never got back with me on meeting to look at what needed to be done. He should get back with me and hope he finds time to go look.

 

[COcheesehead]

I wasn't clear and didn't give all the info with my post. All great questions to ask if it is a contractor. But if advertise for any interested party to do the job and they aren't a contractor in business. There is a lot of backhoe owners in the country that might want to earn some easy fast cash on the side is what I had in mind.

I think I already have the answer to my question though from the great responses so far.

That’s why I asked if you have an umbrella policy. I’ve watched enough America’s Funny Videos to know bad things happen on demos.

 

[street]

That’s why I asked if you have an umbrella policy. I’ve watched enough America’s Funny Videos to know bad things happen on demos.

I got a call from the owner of the construction company that I just text. He said we could do it tomorrow but they are cutting hay so it will have to wait a week or so. I told him where it is at, he was going to go take a look and let me know what the cost would be.

He is a large contractor been in business for many years and I know he is covered and has all his t's crossed and i's dotted.

 

[calmloki]

NO, not trying to avoid any permits or do anything illegal. That is a great question to see what they say.

Yes, yes, I do have umbrella insurance.

Didn't know if your part of the country required building permits for what you want to do. Wasn't suggesting you were trying to evade, but there are things one can do legally which makes dealing with bureaucracy less painful, easier and cheaper. For instance, we couldn't put up a garage (setbacks), but the code officer asked what we would use the building for (parking the cars, rental supplies, pottery studio) - "ah", said he, "you're building an appurtenant structure, not a garage." But we're using it to park the cars... "Yup, that's just fine in an appurtenant structure and the setbacks are less". Okee dokee..

 

[MarieIG]

Hold harmless with a defense & indemnification to the fullest extent allowed by law, a clause naming you as additional insured on their policies - which will be primary and yours will be secondary - and which will contain no workers' compensation exclusions.

- and have you DIL review it.

 

[Sunset]

A match after a rainy day

Offer it to the fire dept to practice on.

 

[calmloki]

A match after a rainy day

Offer it to the fire dept to practice on.

A practice burn is a great idea! We've stripped cool old wood trim and such from several houses that were burned by the fire dept.

 

[eytonxav]

This. Ask for certificates of insurance for liability, work comp, and/or whatever your state and local requirements are. It is not enough for the contractor to simply tell you he is insured.

This and/or have them sign a hold harmless and indemnification so that you do not get sued by the workers, the contractor or a third party for the contractors willful and negligent acts.

 

[street]

This and/or have them sign a hold harmless and indemnification so that you do not get sued by the workers, the contractor or a third party for the contractors willful and negligent acts.

Yes, this is what I will do. I haven't heard back from the owner of the company yet, but I plan on using a creditable contractor for the job. I will have them sign a Hold Harmless Clause to be safe.


I thought about getting a burn permit and burning it a number of times. The only problem with that is I still want all debris hauled away. The nails and all the all the things that wouldn't burn I don't want to have to clean that part up.

 

[OldShooter]

This and/or have them sign a hold harmless and indemnification so that you do not get sued by the workers, the contractor or a third party for the contractors willful and negligent acts.

IANAL, but I think that's probably is a waste of time. If the SHTF, everybody gets sued. From that point it’s a matter of each defendant wiggling out of the lawsuit to the extent possible. BTDT. Also, if it’s a real mess, the contractor probably goes bankrupt and it may not matter what he signed or when.

Nothing is bulletproof but certificates of insurance signed by the agent are a good start. The idea of getting listed as a named insured is good too, if the contractor will do it.

 

[eytonxav]

IANAL, but I think that's probably is a waste of time. If the SHTF, everybody gets sued. From that point it’s a matter of each defendant wiggling out of the lawsuit to the extent possible. BTDT. Also, if it’s a real mess, the contractor probably goes bankrupt and it may not matter what he signed or when.

Nothing is bulletproof but certificates of insurance signed by the agent are a good start. The idea of getting listed as a named insured is good too, if the contractor will do it.

If you get sued, you simply hold up your indemnification in front of the judge and you are absolved. That is the whole purpose for obtaining an indemnification.

 

[street]

If you get sued, you simply hold up your indemnification in front of the judge and you are absolved. That is the whole purpose for obtaining an indemnification.

Yes, that is what I thought also. I had contractors sign them all the time when we used contractors to do work. Once a year new indemnification were signed and filed for the year.

My company's counsel advised to have any contractor that did work for us sign one.

 

[427Vette]

I would get a gallon of gas, a case or two of beer, a few buddies, some bratwurst, roasting forks and have a careless smoking accident…�� you could have the excavator come and scrape up what’s left and put it in a dumpster. Run one of those wheeled magnets over the area to pick up left over nails… done!