Are Damage Waivers Enforceable?
We recently had a new kitchen sink and faucet installed. When the plumber arrived he asked that we sign a damage waiver. We did so but thought the request was unusual. There was no damage.
This week we ordered a new dishwasher from Best Buy, including installation and “haul away” of the old DW. As part of the appointment confirmation, the installation subcontractor emailed a damage waiver to be signed and returned.
My question, are damage waivers the norm today and are they legally binding? I would think the service contractor might refuse service unless you sign the damage waiver, which raises the question, signed under duress. I would also like to believe that if the work was not performed in a “workman like manner” that you would still have legal remedies in spite of the damage waiver.
I’m also wondering if the requirement to sign a damage waiver is simply intended to discourage the homeowner from suing the contractor for property damage. Does anyone have more insight or experience on this question?
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