RE: [World] My Damage Waiver

Date Tue, 6 Dec 2005 12:19:44 -0600

It looks like you have a separate waiver that you'll present if fabricating debris is found.
Could you post that, too?
My concern with this waiver is that there isn't a clear message about what the builder ought to have done, and it sort of sounds like you are accepting liability for finding the problem you're trying to get protection against.
I would suggest adding something to this waiver - before the part about what you will do if fabricating debris is discovered - to address the fact that the builder did not attempt to inspect for fabricating debris on tempered glass before it was installed. That the builder understands and agrees that it may not be possible to detect fabricating debris, and agrees not to hold you liable for failure to detect fabricating debris.
I do that - I tell the builder that only the worst fabricating debris is easy to detect with certainty under these conditions. I can't let myself be liable for finding something that could and should have been detected by those who were handling the glass when it was clean.
You could also maybe include something to the effect that the builder believes there are no significant fabricating debris defects (or should be none) on any of the tempered glass. I'm thinking I'll be doing that next time.

Gary Mauer
Since 1996  - the Window Cleaning Network
Oconomowoc, Wisconsin, USA