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Originally Posted by REDCART
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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A damage or liability waiver is basically a type of Indemnity and Hold Harmless Agreement. Those agreements are used all the time in business and personal transactions. It's a method used to reduce risk or exposure to damages by one of the parties. We've all probably signed numerous examples of these throughout our lifetime. Kids in sports? Sign the waiver first. Hike in a National Park? Sign the waiver first. Want me to cut down this dangerous tree that could damage your neighbor's house? Sign the hold harmless agreement first.
I wouldn't for a second sign a contractor's waiver for a simple home maintenance job. Reason why; we had a new washer/dryer installed by Lowes contractors. Water line installed improperly caused $3K in damages.
I'm not sure what my insurance company would have done if I had signed the damage waiver. Contractually, my insurance company has the right to recover damages paid to me that were caused be a negligent person. The damage waiver prevents them from making a recovery. They may be able to deny your claim as a result.