Re: [World] Waiver wording


Date Wed, 7 Dec 2005 22:50:13 EST

In a message dated 12/7/2005 6:54:23 AM Pacific Standard Time, addressis@removed writes:

I completely concur. My personal thoughts on how to handle both aspects (the waiver and the educating) is to properly research the subject of fabricating debris (using the work already done by Dan Fields) and create some sort of written documentation, separate from the waiver and based on facts only, to provide the customer at the same time the waiver is being presented.

The information on my web site helps, along with Gary's site and the IWCA information.  There's no excuse for any window cleaner that has this information not to study it and hand it out.  Then get a waiver for the builder to sign, prior to ANY work being started.

If the WC in question is truly an expert, perhaps verbal is a safe way to go …

This is a fatal mistake taken by anyone.  You can decide to go that route, but if you do and get hammered by defective tempered glass, it will take thousands of lawyer and consultant dollars to prove your case.  You can still win, but it will cost you big dollars, trust me.

but the average novice (with regard to fab debris not window cleaning as a whole) risks crossing themselves up by presenting it in various ways or, again, in trying to explain themselves in greater detail if the customer doesn’t understand. By creating correct documentation, not professing to be an expert and letting the documentation itself do the educating one can ensure against contradictions and other such problems (of course care has to be taken in the creation of the documentation to ensure against the same problem). The key is keeping the documentation separate. Should someone ever find a way to view the documentation as incorrect, not thorough, contradictory or confusing … at least it won’t have been part of the waiver. If the waiver is general, using only the term fabricating debris without actually explaining it and the waiver does not indicate that you take responsibility for educating the customer … it stands on its own. Any documentation you did provide to educate the customer was purely out of courtesy and had nothing to do with the agreement.

 

I personally would never attempt to explain fab debris to my customers verbally on a job where I feared the problem might be present. In so doing I would have to take at least some responsibility for what I’ve said and, if I’m wrong, I am then at least partially responsible for any problems that can be construed as resulting from that misinformation.  I would be willing to say that such a problem exists, that it is a problem that is created during the manufacture and that it can cause glass to be scratched during any scraping or scrubbing process …

Michael,
 
There is a good example of making a small mistake.  Manufacturing glass is when the glass is made.  Fabrication is something that is done to the glass, after it's made, such as Tempering.

but I would not be willing to try to get into more detail verbally.   I will work on a brochure, unless I hear Dan is going to do one. The brochure will be as thorough as possible using direct quotes of facts only and to any questions the customer might have … I would simply tell them that the brochure contains all the facts I am aware of and that I really do not feel qualified to further define or add to it.

I'm currently working on a new Tempered Glass Bulletin, which will be more complete than the ones you see now.  More information needs to be available in a condensed form. I'll be publishing it on my web site and starting in some HBA regional magazines.  I'm already in contact with the IWCA to get permission to get their bulletin published in the California, Bay Area Regional Magazine.  I'll keep you informed.

 

Ideally, I’d love to see Dan create a brochure for the purpose and make it accessible as a printable file online.

I'll see what I can come up with, but it won't happen until after the IWCA convention in February 2006.

He could even charge for access to the file. That way we could all have documentation published by the most knowledgeable person available and could be more certain that the facts were being properly presented. There is much to be said for the idea that we would all be educating our customers with correct, precise and identical information too.

 

Michael D. Brinegar

As I've always stated in the past, education is the answer.
 
Good luck,
 
Dan Fields
Fields Construction Services, Inc.
5715 South Front Road, B-1
Livermore, CA 94551

Phone: 800-542-2724 Ext. 201

E-mail: addressis@removed
Web Site: www.StopScratchedGlass.com

Consultations and Training Seminars
1. Quality Tempered Glass Issues
2. Glass Restoration - Scratch Removal and Equipment Sales & Service
3. Construction Window Cleaning

PS - SCRAPERS DO NOT SCRATCH GLASS - FABRICATING DEBRIS DOES!!!