Hold Harmless Clause

[street]

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!

LOL!!
Yep that would work. I could wait till first snow fall and throw a match to it.

 

[MarieIG]

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.

Sometimes the contractor's insurer requires a written contract - in force - prior to the time of the occurrence, with the additional insured provision, hold harmless, defense and indemnification provision for coverage to attach. Then - they look to the policy to see which is primary - etc.

 

[Jerry1]

LOL!!
Yep that would work. I could wait till first snow fall and throw a match to it.

I know you’re joking, but I think the heat from the fire might damage the concrete foundation.

 

[jazz4cash]

…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.

THAT explains some of the projects I’ve seen around town.

 

[eytonxav]

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.

Just keep in mind, you want the broadest type of indemnity, while the contractor may try to narrow it.

 

[Kings over Queens]

Sometimes the contractor's insurer requires a written contract - in force - prior to the time of the occurrence, with the additional insured provision, hold harmless, defense and indemnification provision for coverage to attach. Then - they look to the policy to see which is primary - etc.

How to tell me you're an #insurancenerd without saying it out loud.

 

[MarieIG]

How to tell me you're an #insurancenerd without saying it out loud.

Shhhhhh. If I wanted to get nerdy, I might add that the truly savvy get a copy of the additional insured endorsement portion of the policy to make sure the language in your "contract" actually triggers coverage under the policy . . . If you look really closely at the certificate of insurance, in many jurisdictions, you will find in itty bitty teeny tiny letters that certificate is not binding on the insurer (i.e. "this certificate is issued as a matter of information only and confers no right upon the certificate holder . . . and this certificate does not amend, extend or alter the coverage afforded by the policies.")

The requisite (protective) language (tends to) vary from state to state - and it may behoove OP to hire an attorney to review the initial contract presented by the vendor and add a (controlling) Rider with the appropriate language.

 

[Kings over Queens]

Shhhhhh. If I wanted to get nerdy, I might add that the truly savvy get a copy of the additional insured endorsement portion of the policy to make sure the language in your "contract" actually triggers coverage under the policy . . . If you look really closely at the certificate of insurance, in many jurisdictions, you will find in itty bitty teeny tiny letters that certificate is not binding on the insurer (i.e. "this certificate is issued as a matter of information only and confers no right upon the certificate holder . . . and this certificate does not amend, extend or alter the coverage afforded by the policies.")

The requisite (protective) language (tends to) vary from state to state - and it may behoove OP to hire an attorney to review the initial contract presented by the vendor and add a (controlling) Rider with the appropriate language.

You had me at hello.

I love arguing with my clients customers over ridiculous things they want on certs, ultimately pointing to the language you cited, only to have them stomp their feet. "The cert has to say THIS!"

Certificate's are at the top of the list driving the aggravation that is pushing me to retire early. I love redlining contracts, hate certs. HATE THEM.

/end rant/

 

[427Vette]

Shhhhhh. If I wanted to get nerdy, I might add that the truly savvy get a copy of the additional insured endorsement portion of the policy to make sure the language in your "contract" actually triggers coverage under the policy . . . If you look really closely at the certificate of insurance, in many jurisdictions, you will find in itty bitty teeny tiny letters that certificate is not binding on the insurer (i.e. "this certificate is issued as a matter of information only and confers no right upon the certificate holder . . . and this certificate does not amend, extend or alter the coverage afforded by the policies.")

The requisite (protective) language (tends to) vary from state to state - and it may behoove OP to hire an attorney to review the initial contract presented by the vendor and add a (controlling) Rider with the appropriate language.

Holy Smokes! Out of simplicity just go get that gallon of gas…

 

[RetireAge50]

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!

We did exactly this with a double wide mobile home we wanted to get rid of on 20 acres. Worked great except there was a glitch. The fire department showed up. They didn’t care and let it burn to the ground but somehow the clean air agency got a copy of their report. I think the fine was $12,000.

 

[MarieIG]

You had me at hello.

I love arguing with my clients customers over ridiculous things they want on certs, ultimately pointing to the language you cited, only to have them stomp their feet. "The cert has to say THIS!"

Certificate's are at the top of the list driving the aggravation that is pushing me to retire early. I love redlining contracts, hate certs. HATE THEM.

/end rant/

You see if they insist on something with you then they must be right about it, lol. (Yes, of course, redlining contracts is one of life's joys.)

 

[pb4uski]

We did exactly this with a double wide mobile home we wanted to get rid of on 20 acres. Worked great except there was a glitch. The fire department showed up. They didn’t care and let it burn to the ground but somehow the clean air agency got a copy of their report. I think the fine was $12,000.

When a friend of mine tore down a building to rebuild he found out he had to have an inspection for asbestos done before the demolition was done. They found a small spot from some roof patching material that my friend had done that required special handling but that was it.

 

[Car-Guy]

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.

Yep, have seen this down a few times. Remote/small FD's love the practice. Light, douse, repeat.

 

[imnontrad]

I went to a housing auction once where the different parts of the house were sold - doors, molding, furnace, windows, light fixtures, etc. Not only did the owner make a little money from the auction but there was less going to the landfill too.
There might also be a building restoration company who would LOVE parts of that house too.

 

[street]

I know you’re joking, but I think the heat from the fire might damage the concrete foundation.

It might damage it is a couple of feet high 8 inch wall the old homestead sets on.
As far as burning it all I have to do is let the county know what day and the exact location of the controlled burn. I did a burn on that same site a few years ago and filled out the form and they gave me the ok.

As soon as the hay is off, I will contact the guy to come and get rid of it. He is a contractor with heavy equipment and does a broad scope of work.

 

[imnontrad]

Come to think of it -
Check with your local fire department. They may be interested in a structure that they can use for firefighter training (after you strip out anything sellable).

 

[Sunset]

Be sure to take a before and after photo, and then a photo of the replacement. Just for the memories.

 

[street]

Be sure to take a before and after photo, and then a photo of the replacement. Just for the memories.

That is a great idea!!!! It has old shingle type of siding, and it has hard wood floors. They sided over the vintage tar paper siding with a lap siding at one time.

No running water or power was ever installed.

Update on the demolition will happen and I hope soon. I texted a guy I know that has a the construction company a few weeks ago. He called me today and said he would do it for 1500$. I said, send me the bill or I will come and pay you.

Demolish it and haul it away I think he did me pretty good.

 

[old medic]

he would do it for 1500$. I said, send me the bill or I will come and pay you. Demolish it and haul it away I think he did me pretty good.

Sounds like a good deal to me... I'll bet he may be saving some of the materials to offset that cheap a price.

 

[HawkeyeNFO]

Let me suggest you donate the house to charity. Just the house, not the real estate. For example, something like one of these:

https://www.secondchanceinc.org/deconstruction/what-is-deconstruction/

https://www.veteransnextmission.org/deconstruction

We did that in 2018, and got a huge tax deduction. Didn't pay income taxes for 3 years, due to all the carry-over.

 

[street]

Let me suggest you donate the house to charity. Just the house, not the real estate. For example, something like one of these:

https://www.secondchanceinc.org/deconstruction/what-is-deconstruction/

https://www.veteransnextmission.org/deconstruction

We did that in 2018, and got a huge tax deduction. Didn't pay income taxes for 3 years, due to all the carry-over.

Interesting!!!! That would have been something to contemplate about.

old medic, I don't believe so, O did tell him he could have anything he wanted from the house or the stuff inside the old house. He said he didn't want anything. He will haul it to a pit he has and burn it there and will take about two hours he said, and will be done.

 

[old medic]

Come to think of it -
Check with your local fire department. They may be interested in a structure that they can use for firefighter training (after you strip out anything sellable).

I would 2nd this. live burn exercises are great training tools.
We almost did that with our house we bought... at times I wished I had....

 

[Stormy Kromer]

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.

Better yet, have the certificate signed by the company, I've seen counterfeit certificates issued by agencies (probably drafted by the contractor),

Besides General Liability Insurance, make sure the contractor has Workers Compenation Insurance. It is more likely that an employee gets hurt on your property than you. Get an original from the company, not hard if you ask.

Nothing in this world is risk free, it just doesn't have to be your risk.