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Contract change.

Discussion in 'Bidding & Estimating' started by MWSAI, Nov 11, 2012.

  1. MWSAI

    MWSAI Member
    Messages: 54

    I had a client ready to sign my contract but their attorney wanted me to reword my mutual indemnification to this:

    Mutual indemnification: Contractor shall hold Customer harmless from and against any and all liabilities, costs, damages, and expenses (including without limitation attorneys' fees and other costs of defense) resulting from or attributable to any and all acts and omissions of Contractor or any person under its control. Likewise, Customer shall hold harmless Contractor from and against any and all liabilities, costs, damages, and expenses (including without limitation attorneys' fees and other costs of defense) resulting from or attributable to any and all acts and omissions of Customer or any person under its control. Not withstanding the foregoing, the customer shall not be required to indemnify the contractor against any damages suffered as a result of gross negligence or willful misconduct on the part of the contractor or any of it's employees or agents. [/COLOR]

    My Current indemnification is:

    MUTUAL INDEMNIFICATION: CUSTOMER AND CONTRACTOR AGREE TO INDEMNIFY AND HOLD EACH OTHER HARMLESS FROM DAMAGES FOR INJURIES TO PERSONS OR PROPERTY RESULTING FROM ANY CAUSE RELATED TO CONTRACTOR’S WORK IN, ON OR ABOUT THE CUSTOMER’S PREMISES, AND AT THEIR OWN COST AND EXPENSE TO DEFEND AGAINST ANY ACTION OR PROCEEDING AGAINST EITHER PARTY ARISING THEREFROM, PROVIDED THAT CONTRACTOR HAS FULLY AND FAITHFULLY PERFORMED ALL OF ITS DUTIES HEREUNDER. NOTWITHSTANDING THE FOREGOING, THE CUSTOMER SHALL NOT BE REQUIRED TO INDEMNIFY THE CONTRACTOR AGAINST ANY DAMAGES SUFFERED AS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF THE CONTRACTOR OR ANY OF ITS EMPLOYEES OR AGENTS.

    It's only a $2,700.00 seasonal lot but it is a surgical center. I figure much greater of a chance for a slip and fall.

    According to their wording it makes me responsible for almost everything. I don't think that is worth $2700.00.

    My main question is would you take a lot like that AND their terms or would you stick to your own and if the client doesn't like it then tough.

    Thanks!
     
    Last edited: Nov 11, 2012
  2. Mr.Markus

    Mr.Markus PlowSite Fanatic
    Messages: 5,175

    What does your liability insurance cost you for the season? Raise your rate by that much.
    I haven't seen what your contract says to know the difference.
     
  3. M.A.H.

    M.A.H. Junior Member
    Messages: 24

    I would not change my contract for anyone. It's my insurance, my equipment, my man power, so it my way or nothing.Your contracts are to protect you, not anyone else, but both contracts say the same thing in a different way.
     
    Last edited: Nov 11, 2012