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silvero39

Remodeling Contract Terms & Conditions - are these fair?

silvero39
5 years ago

Hello Everyone,


We are getting ready to kick off a major kitchen remodel, that includes removing a wall (cost: over 40K, plus appliances), and there are a couple of points in the contract with the Remodeler that we were hoping you could give us feedback on (i.e. do you think they are fair? or... should we request tweaks?). FYI, the contract doesn't mention if the Remodeler has insurance... we plan on checking, but we wonder if the contract should mention that they have and will maintain active their insurance.


CUSTOMER PREPARATION. Customer is solely responsible for removing any delicate items that may be damaged when moved to access work areas. Remodeler will take reasonable steps to protect flooring, furniture, and other personal property, but its liability for any damage shall be limited to the lesser of $500 or 50% of the Contract Price. The limit shall not apply to the extent that such damage is paid by insurance. Customer and Remodeler hereby agree mutually to waive all rights of subrogation.

<...>

INCIDENTAL AND CONSEQUENTIAL DAMAGES. Customer and Remodeler waive all claims they may have against the other for any incidental or consequential damages arising out of the performance of the Work, including, but not limited to, any damages for delay, loss of use, lost business opportunities, or financing costs.


Thanks so much!



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