Member Avatar for gn0m3

Afternoon folks,

I have got to put together a liability waiver for contractors to sign who are coming to our site to do work. my boss basically wants them to sign something saying if they screw something up its their fault etc.... can anyone give me some pointers on this please as im drawing a bit of a blank!!

Thanks very much.

gn0m3

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Following 's question about contractor waivers: enforceability varies by jurisdiction and language matters. As noted, a lawyer should review any final document because courts construe releases narrowly and many states limit or refuse to enforce waivers for gross negligence or willful misconduct (see Cornell Legal Information Institute — Waiver). Broad, one‑line “its their fault” statements rarely hold up.

Practical drafting points that are commonly useful: define parties and the precise scope of work; require proof of insurance (general liability and professional/tech E&O) with a certificate naming the company as additional insured; include an indemnity provision tied to negligence but avoid attempting to waive liability for gross negligence or illegal acts; set a reasonable cap on direct damages; require written change orders, acceptance testing, and sign‑off; state pre‑work backup and restoration responsibilities; include access limits and logging; add severability, governing law, and signature blocks. Keep language specific and proportionate to the risk.

Implementation steps: require a current Certificate of Insurance before access, take full backups/snapshots and document them, use a written work order with acceptance criteria, and maintain change control and audit logs. As observed, many technicians will refuse overly broad releases; shifting risk through insurance plus a narrowly tailored indemnity is usually more practical than seeking an unlimited waiver. Legal counsel should confirm final terms.

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Member Avatar for darrglud

My best suggestion is to talk to a lawyer about this, because he or she can give you more information.

Member Avatar for Spriggan

yep, unless a lawyer says so it may not even be legally binding. in addition, i don't know many techs who would sign it considering everything in your computers will fail eventually. I sure wouldn't want to be the hapless sap sitting at the PC when the hard drive crashes!

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